Datasets:

MTSUFall2024SoftwareEngineering

/

UnitedStatesSenateBillsAndSummaries

like 1

Follow

MTSU Fall 2024 Software Engineering 14

No Relief for Allies of Dictators Act of 2023 This bill requires the Department of State to deny or revoke visas for certain individuals associated with the Hugo Chavez or Nicolas Maduro regimes of Venezuela, the Fidel or Raul Castro regime of Cuba, the Daniel Ortega regime or Sandinista party of Nicaragua, or the Evo Morales regime of Bolivia. Specifically, the State Department must deny or revoke the visas of certain foreign persons associated with these regimes (for example, current and former officials) if they (1) have participated in human rights violations or activities to undermine democracy in one of these four countries, or (2) are described in certain laws or executive orders related to activities such as narcotics trafficking and corrupt practices. The spouse and children of such an individual are also subject to visa denial and revocation under this bill.

118 S1129 IS: No Relief for Allies of Dictators 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. 1129 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Scott of Florida Committee on the Judiciary A BILL To revoke the visas of, and impose visa restrictions on, certain individuals located in the United States and abroad who are associated with regimes in Venezuela, Cuba, Nicaragua, and Bolivia, and for other purposes. 1. Short title This Act may be cited as the No Relief for Allies of Dictators Act of 2023 2. Visa restrictions for certain Venezuelans, Cubans, Nicaraguans, and Bolivians (a) In general The Secretary of State shall revoke the visa of, or impose visa restrictions on any individual described in subsection (b) who the Secretary determines— (1) (A) is responsible for, is complicit in, is responsible for ordering, controlling, or otherwise directing, or is knowingly— (i) committing human rights violations at any time in Venezuela, Cuba, Nicaragua, or Bolivia; or (ii) participating in (directly or indirectly) any activity in or in relation to Venezuela, Cuba, Nicaragua, or Bolivia at any time that undermines or threatens the integrity of the democracy or sovereignty of, the people of Cuba, Venezuela, Nicaragua, or Bolivia; or (B) is the spouse or child of a foreign person described in subparagraph (A); or (2) (A) is described in or identified under— (i) section 804(b) of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1903(b) (ii) Executive Order 13850 (83 Fed. Reg. 55243; relating to blocking property of additional persons contributing to the situation in Venezuela); or (iii) Executive Order 13884 (84 Fed. Reg. 38843; relating to blocking property of the Government of Venezuela); or (B) is the spouse or child of a foreign person described in subparagraph (A). (b) Individual described An individual described in this subsection is any foreign person, located in the United States or abroad, who— (1) with respect to Venezuela, is— (A) a former official of the Hugo Chavez regime; or (B) a current or former official of the Nicolas Maduro regime; (2) with respect to Cuba, is— (A) a former official of the Fidel Castro or Raul Castro regime; or (B) a current or former official of the Miguel Diaz-Canel regime; (3) with respect to Nicaragua, is— (A) a current or former official of the Daniel Ortega regime; or (B) a Sandinista party member; (4) with respect to Bolivia, is a former official of the Evo Morales regime; (5) acts on behalf of a regime or party described in any of paragraphs (1) through (4); (6) aids in repression by such regime or party; or (7) assists such regime or party. (c) Visa restrictions described (1) Exclusion from the United States and revocation of visa or other documentation An individual described in subsection (b)— (A) is inadmissible to the United States; (B) is ineligible to receive a visa or other documentation authorizing entry into the United States; (C) is otherwise ineligible to be admitted or paroled into the United States or to receive any benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (D) shall— (i) in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) (ii) be subject to expedited removal. (2) Applicability for individuals visiting United Nations headquarters In the case of an individual described in subsection (b) who intends to travel to the United States to visit the headquarters of the United Nations, the Secretary of State, in consultation with the Director of National Intelligence, the Attorney General, and the Secretary of Homeland Security, shall make a case-by-case determination with respect to the applicability of subsection (a) to such individual. (d) Rulemaking The President shall issue such regulations, licenses, and orders as may be necessary to carry out this section.

No Relief for Allies of Dictators Act of 2023

Prescription Pricing for the People Act of 2023This bill requires the Federal Trade Commission (FTC) to report about anticompetitive practices and other trends within the pharmaceutical supply chain that may impact the cost of prescription drugs. The FTC also must provide recommendations to increase transparency in the supply chain and prevent anticompetitive practices.

118 S113 IS: Prescription Pricing for the People 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. 113 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Grassley Ms. Cantwell Mr. Blumenthal Mr. Lankford Mrs. Blackburn Mr. Tuberville Mr. Tillis Mrs. Capito Mr. Braun Committee on the Judiciary A BILL To require the Federal Trade Commission to study the role of intermediaries in the pharmaceutical supply chain and provide Congress with appropriate policy recommendations, and for other purposes. 1. Short title This Act may be cited as the Prescription Pricing for the People Act of 2023 2. Definitions In this Act: (1) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on the Judiciary of the Senate; and (B) the Committee on the Judiciary of the House of Representatives. (2) Commission The term Commission 3. Study of pharmaceutical supply chain intermediaries and merger activity (a) Report Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that— (1) addresses at minimum— (A) whether pharmacy benefit managers— (i) charge payers a higher price than the reimbursement rate at which the pharmacy benefit managers reimburse pharmacies owned by the pharmacy benefit manager and pharmacies not owned by the pharmacy benefit manager; (ii) steer patients for competitive advantage to any pharmacy, including a retail, mail-order, or any other type of pharmacy, in which the pharmacy benefit managers have an ownership interest; (iii) audit or review proprietary data, including acquisition costs, patient information, or dispensing information, of pharmacies not owned by the pharmacy benefit manager and use such proprietary data to increase revenue or market share for competitive advantage; or (iv) use formulary designs to increase the market share of higher cost prescription drugs or depress the market share of lower cost prescription drugs (each net of rebates and discounts); (B) trends or observations on the state of competition in the healthcare supply chain, particularly with regard to intermediaries and their integration with other intermediaries, suppliers, or payers of prescription drug benefits; (C) how companies and payers assess the benefits, costs, and risks of contracting with intermediaries, including pharmacy services administrative organizations, and whether more information about the roles of intermediaries should be available to consumers and payers; and (D) whether there are any specific legal or regulatory obstacles the Commission currently faces in enforcing the antitrust and consumer protection laws in the pharmaceutical supply chain, including the pharmacy benefit manager marketplace and pharmacy services administrative organizations; and (2) provides— (A) observations or conclusions drawn from the November 2017 roundtable entitled Understanding Competition in Prescription Drug Markets: Entry and Supply Chain Dynamics (B) specific actions the Commission intends to take as a result of the November 2017 roundtable, and any similar efforts, including a detailed description of relevant forthcoming actions, additional research or roundtable discussions, consumer education efforts, or enforcement actions; and (C) policy or legislative recommendations to— (i) improve transparency and competition in the pharmaceutical supply chain; (ii) prevent and deter anticompetitive behavior in the pharmaceutical supply chain; and (iii) best ensure that consumers benefit from any cost savings or efficiencies that may result from mergers and consolidations. (b) Interim report Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress an interim report on the progress of the report required by subsection (a), along with preliminary findings and conclusions based on information collected to that date. 4. Report The Commission shall submit to the appropriate committees of Congress a report that includes— (1) the number and nature of complaints received by the Commission relating to an allegation of anticompetitive conduct by a manufacturer of a sole-source drug; (2) the ability of the Commission to bring an enforcement action against a manufacturer of a sole-source drug; and (3) policy or legislative recommendations to strengthen enforcement actions relating to anticompetitive behavior.

Prescription Pricing for the People Act of 2023

Drug Price Transparency Act of 2023 This bill provides statutory authority for the limitation on which type of prescription drug rebates are exempt from federal anti-kickback laws. Specifically, a rebate from a drug manufacturer to a health insurer or pharmacy benefit manager is exempt only if the rebate (1) is disclosed to the consumer at the point of sale, or (2) is a flat fee paid for pharmacy benefit management services.

118 S1131 IS: Drug Price Transparency 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. 1131 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Braun Mrs. Hyde-Smith Committee on Health, Education, Labor, and Pensions A BILL To amend title XI of the Social Security Act and title XXVII of the Public Health Service Act to establish requirements with respect to prescription drug benefits. 1. Short title This Act may be cited as the Drug Price Transparency Act of 2023 2. Requirements for prescription drug benefits (a) Removal of safe harbor protection for rebates involving prescription drugs and establishment of new safe harbor protections involving prescription drugs (1) Removal of safe harbor protection for rebates involving prescription drugs Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended— (A) in paragraph (3)(A), by striking a discount subject to paragraph (5), a discount (B) by adding at the end the following: (5) Removal of safe harbor protection for rebates involving prescription drugs The safe harbor described in paragraph (3)(A) shall not apply to a reduction in price or other remuneration from a manufacturer of prescription drugs to a sponsor of a prescription drug plan under part D of title XVIII, an MA organization offering an MA–PD plan under part C of such title, or a pharmacy benefit manager under contract with such a sponsor or such an organization and, except as provided in subparagraphs (M) and (N) of paragraph (3), paragraphs (1) and (2) shall apply to any such reduction in price or other remuneration. . (2) Establishment of new safe harbor protections involving prescription drugs Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3)) is amended— (A) in subparagraph (K), by striking and (B) in subparagraph (L), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (M) a reduction in price offered by a manufacturer of prescription drugs to a sponsor of a prescription drug plan under part D of title XVIII, an MA organization offering an MA–PD plan under part C of such title, or a pharmacy benefit manager under contract with such a sponsor or such an organization, that is reflected at the point of sale to the individual and meets such other conditions as the Secretary may establish; and (N) flat fee service fees a manufacturer of prescription drugs pays to a pharmacy benefit manager for services rendered to the manufacturer that relate to arrangements by the pharmacy benefit manager to provide pharmacy benefit management services to a health plan, if certain conditions established by the Secretary are met, including requirements that the fees are transparent to the health plan. . (3) Effective date The amendments made by this subsection shall take effect on January 1, 2024. (b) Requirements for private insurance plans (1) In general Part D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq. 2799A–11. Requirements with respect to prescription drug benefits (a) In general A group health plan or a health insurance issuer offering group or individual health insurance coverage shall not, and shall ensure that any entity that provides pharmacy benefits management services under a contract with any such health plan or health insurance coverage does not, receive from a drug manufacturer a reduction in price or other remuneration with respect to any prescription drug received by an enrollee in the plan or coverage and covered by the plan or coverage, unless— (1) any such reduction in price is reflected at the point of sale to the enrollee and meets such other conditions as the Secretary may establish; and (2) any such other remuneration is a flat fee-based service fee that a manufacturer of prescription drugs pays to an entity that provides pharmacy benefits management services for services rendered to the manufacturer that relate to arrangements by the pharmacy benefit manager to provide pharmacy benefit management services to a health plan or health insurance issuer, if certain conditions established by the Secretary are met, including requirements that the fees are transparent to the health plan or health insurance issuer. (b) Entity that provides pharmacy benefits management services For purposes of this section, the term entity that provides pharmacy benefits management services (1) any person, business, or other entity that, pursuant to a written agreement with a group health plan or a health insurance issuer offering group or individual health insurance coverage, directly or through an intermediary— (A) acts as a price negotiator on behalf of the plan or coverage; or (B) manages the prescription drug benefits provided by the plan or coverage, which may include the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, controlling the cost of covered prescription drugs, or the provision of related services; or (2) any entity that is owned, affiliated, or related under a common ownership structure with a person, business, or entity described in paragraph (1). . (2) ERISA (A) In general Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq. 726. Requirements with respect to prescription drug benefits (a) In general A group health plan or a health insurance issuer offering group health insurance coverage shall not, and shall ensure that any entity that provides pharmacy benefits management services under a contract with any such health plan or health insurance coverage does not, receive from a drug manufacturer a reduction in price or other remuneration with respect to any prescription drug received by an enrollee in the plan or coverage and covered by the plan or coverage, unless— (1) any such reduction in price is reflected at the point of sale to the enrollee and meets such other conditions as the Secretary may establish; and (2) any such other remuneration is a flat fee-based service fee that a manufacturer of prescription drugs pays to an entity that provides pharmacy benefits management services for services rendered to the manufacturer that relate to arrangements by the pharmacy benefit manager to provide pharmacy benefit management services to a health plan or health insurance issuer, if certain conditions established by the Secretary are met, including requirements that the fees are transparent to the health plan or health insurance issuer. (b) Entity that provides pharmacy benefits management services For purposes of this section, the term entity that provides pharmacy benefits management services (1) any person, business, or other entity that, pursuant to a written agreement with a group health plan or a health insurance issuer offering group health insurance coverage, directly or through an intermediary— (A) acts as a price negotiator on behalf of the plan or coverage; or (B) manages the prescription drug benefits provided by the plan or coverage, which may include the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, controlling the cost of covered prescription drugs, or the provision of related services; or (2) any entity that is owned, affiliated, or related under a common ownership structure with a person, business, or entity described in paragraph (1). . (B) Clerical amendment The table of contents of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 725 the following: Sec. 725. Requirements with respect to prescription drug benefits. . (3) IRC (A) In general Subchapter B of chapter 100 9826. Requirements with respect to prescription drug benefits (a) In general A group health plan shall not, and shall ensure that any entity that provides pharmacy benefits management services under a contract with any such health plan does not, receive from a drug manufacturer a reduction in price or other remuneration with respect to any prescription drug received by an enrollee in the plan and covered by the plan, unless— (1) any such reduction in price is reflected at the point of sale to the enrollee and meets such other conditions as the Secretary may establish; and (2) any such other remuneration is a flat fee-based service fee that a manufacturer of prescription drugs pays to an entity that provides pharmacy benefits management services for services rendered to the manufacturer that relate to arrangements by the pharmacy benefit manager to provide pharmacy benefit management services to a health plan, if certain conditions established by the Secretary are met, including requirements that the fees are transparent to the health plan. (b) Entity that provides pharmacy benefits management services For purposes of this section, the term entity that provides pharmacy benefits management services (1) any person, business, or other entity that, pursuant to a written agreement with a group health plan, directly or through an intermediary— (A) acts as a price negotiator on behalf of the plan; or (B) manages the prescription drug benefits provided by the plan, which may include the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, controlling the cost of covered prescription drugs, or the provision of related services; or (2) any entity that is owned, affiliated, or related under a common ownership structure with a person, business, or entity described in paragraph (1). . (B) Clerical amendment The table of sections for subchapter B of chapter 100 Sec. 9816. Requirements with respect to prescription drug benefits. . (4) Effective date The amendments made by paragraphs (1), (2), and (3) shall take effect on January 1, ™.

Drug Price Transparency Act of 2023

340B Accountability Act of 2023 This bill requires participants in the 340B drug pricing program to allow the Health Resources & Services Administration (HRSA) to audit their records to determine how they use the net income from the discounted drug prices under the program. Participants also must retain records and reports as necessary for HRSA to perform the audits.

118 S1133 IS: 340B Accountability 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. 1133 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to clarify rules relating to drug discounts for covered entities. 1. Short title This Act may be cited as the 340B Accountability Act of 2023 2. Drug discounts and audits for covered entities Section 340B(a)(5)(C) of the Public Health Service Act ( 42 U.S.C. 256b(a)(5)(C) (1) by striking A covered entity shall permit (i) Duplicate discounts and drug resale A covered entity shall permit ; and (2) by adding at the end the following: (i) Use of savings A covered entity shall permit the Secretary to audit, at the Secretary's expense, the records of the entity to determine how net income from purchases under this section are used by the covered entity. (ii) Records retention A covered entity shall retain such records and provide such records and reports as determined necessary by the Secretary for carrying out this subparagraph. .

340B Accountability Act of 2023

Not One More Inch or Acre Act This bill requires the President to take actions as necessary to prohibit certain individuals and entities associated with China from purchasing real estate located in the United States and to mandate the sale of such property in certain circumstances. The individuals and entities prohibited from purchasing U.S. real estate include (1) Chinese citizens, (2) entities acting on behalf of the Chinese government or the Chinese Communist Party, and (3) foreign individuals or entities acting on behalf of a Chinese citizen. Entities subject to this prohibition are generally those Additionally, if the President determines that the ownership of U.S. real estate by these individuals and entities poses a national security risk, the President must take actions as necessary to require the sale of the property. The bill also modifies an existing civil penalty for failing to satisfy a reporting requirement relating to a foreign individual or entity that acquires or transfers an interest in U.S. agricultural land. Under this bill, the civil penalty for failing to report the required information to the Department of Agriculture must be at least 10% of the fair market value of the relevant interest in agricultural land.

118 S1136 IS: Not One More Inch or Acre 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. 1136 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Cotton Mrs. Britt Committee on Foreign Relations A BILL To direct the President to take such actions as may be necessary to prohibit the purchase of public or private real estate located in the United States by citizens and entities of the People's Republic of China, and for other purposes. 1. Short title This Act may be cited as the Not One More Inch or Acre Act 2. Prohibition on purchase of public or private real estate located in the United States by citizens and entities of the People's Republic of China (a) In general Notwithstanding any other provision of law, the President shall take such actions as may be necessary— (1) to prohibit the purchase, on or after the date of the enactment of this Act, of public or private real estate located in the United States by— (A) any citizen of the People's Republic of China; (B) any covered foreign entity; or (C) any foreign person acting for or on behalf of the Chinese Communist Party, a covered foreign entity, or a citizen of the People's Republic of China; and (2) if the President determines that the ownership, as of such date of enactment, by a person described in subparagraph (A), (B), or (C) of paragraph (1) of real estate located in the United States poses a national security risk to the United States, to require the sale of such real estate by not later than the date that is one year after such date of enactment. (b) Exceptions (1) Exception for refugees Subsection (a) does not apply with respect to a citizen of the People's Republic of China who— (A) entered the United States as a refugee (as defined in section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) (B) was granted asylum or withholding of removal under section 208 or 241(b)(3) that Act (8 U.S.C. 1158 and 1231(b)(3)). (2) Exception for property of United States nationals Subsection (a)(2) does not apply with respect to the sale of real estate owned or otherwise held for personal use by a United States citizen or an alien lawfully admitted for permanent residence to the United States. (c) Definitions In this section: (1) Covered foreign entity The term covered foreign entity (A) acting on behalf of or otherwise directed by the Government of the People’s Republic of China or the Chinese Communist Party; (B) that— (i) is organized under the laws of the People's Republic of China; (ii) has a principal place of business in the People’s Republic of China; or (iii) is owned or controlled by, or otherwise subject to the jurisdiction of, the Government of the People's Republic of China or the Chinese Communist Party; or (C) that is a subsidiary of an entity described in subparagraph (B). (2) Foreign person The term foreign person (3) United States The term United States (4) United states person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. 3. Penalty amount under Agricultural Foreign Investment Disclosure Act of 1978 Section 3(b) of the Agricultural Foreign Investment Disclosure Act of 1978 ( 7 U.S.C. 3502(b) exceed 25 percent of be less than 10 percent, or exceed 25 percent, of

Not One More Inch or Acre Act

DHS Suicide Prevention and Resiliency for Law Enforcement Act This bill requires the Department of Homeland Security (DHS) to establish the Law Enforcement Mental Health and Wellness Program and establishes additional requirements for related existing programs. Among other activities, the Law Enforcement Mental Health and Wellness Program shall conduct data collection and research on mental health, suicides, and attempted suicides of DHS law enforcement officers and agents; evaluate current mental health and resiliency programs within DHS components; promote education and training related to mental health, resilience, suicide prevention, stigma, and mental health resources; establish a Peer-to-Peer Support Program Advisory Council; and assist DHS components in developing a program to provide suicide prevention and resiliency support and training for families of DHS law enforcement officers and agents and for surviving families of officers and agents who have been lost to suicide. The bill requires DHS components to prioritize and improve their mental health and wellness programs. The DHS Workplace Health and Wellness Program must assess the effectiveness of DHS law enforcement health and wellness programs. Each DHS component must report to the program incidents of suicide involving law enforcement officers or agents. The bill sets forth confidentiality limitations on the publication and collection of personally identifiable information.

107 S1137 IS: DHS Suicide Prevention and Resiliency for Law Enforcement 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. 1137 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Peters Mr. Hawley Committee on Homeland Security and Governmental Affairs A BILL To establish the Law Enforcement Mental Health and Wellness Program, and for other purposes. 1. Short title This Act may be cited as the DHS Suicide Prevention and Resiliency for Law Enforcement Act 2. Department of Homeland Security suicide prevention and resiliency for law enforcement (a) In general Title VII of the Homeland Security Act of 2002 ( 6 U.S.C. 341 et seq. 710A. Suicide prevention and resiliency for law enforcement (a) Definitions (1) Department of homeland security component The term Department of Homeland Security component (A) U.S. Customs and Border Protection; (B) U.S. Immigration and Customs Enforcement; (C) the Office of the Inspector General of the Department of Homeland Security; (D) the United States Coast Guard; (E) the United States Secret Service; (F) the Transportation Security Administration; and (G) any other Department of Homeland Security component or office with law enforcement officers or agents. (2) Program The term Program (b) Law Enforcement Mental Health and Wellness Program (1) Establishment (A) In general The Secretary shall establish, within the office overseen by the Chief Medical Officer, the Law Enforcement Mental Health and Wellness Program. (B) Purpose The purpose of the Program shall be to provide a comprehensive approach to address the mental health and wellness of Department of Homeland Security law enforcement agents and officers. (C) Administration The Secretary, working through the Program, shall— (i) establish and maintain policies and standard operating procedures, consistent with best evidence-based practices, that detail the authority, roles, and responsibilities of the Program; (ii) conduct data collection and research on mental health, suicides, and, to the extent possible, attempted suicides, of law enforcement personnel within the Department of Homeland Security, in accordance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 42 U.S.C. 1320a–7e Public Law 116–143 (iii) track current trends and leading practices from other governmental and nongovernmental organizations for law enforcement mental health and wellness; (iv) evaluate current mental health and resiliency programs within Department of Homeland Security components; (v) promote education and training related to mental health, resilience, suicide prevention, stigma, and mental health resources to raise mental health awareness and to support others the needs of supervisors, clinicians, care-givers, peer support members, chaplains, and those who have been exposed to trauma; (vi) establish the Peer-to-Peer Support Program Advisory Council, which shall— (I) include at least 1 licensed clinician and at least 1 official with requisite and relevant training and experience in peer support for law enforcement personnel from each Department of Homeland Security component; (II) evaluate component peer support programs; (III) identify and address any potential deficiencies, limitations, and gaps; (IV) provide for sharing of leading practices or best practices, including internationally recognized peer support standards of care protocols; (V) create a peer support network that enables the sharing of trained peer support personnel, chaplains, and other peer-to-peer personnel across Department of Homeland Security components; and (VI) sustain peer support programs through ongoing funding of annual and refresher training and resources for peer support programing in the workplace— (aa) to ensure minimum standards for peer support services; and (bb) to provide appropriate care for peer support personnel across Department of Homeland Security components; (vii) assist Department of Homeland Security components in developing a program to provide suicide prevention and resiliency support and training for— (I) families of law enforcement agents and officers; and (II) surviving families of officers and agents who have died by suicide; (viii) work with law enforcement mental health and wellness program officials of Department of Homeland Security components (which shall include peer support-trained personnel, agency mental health professionals, chaplains, and, for components with employees having an exclusive representative, the exclusive representative with respect to such program) to implement new policies, procedures, and programs that may be necessary based on findings from data collection, research, and evaluation efforts; and (ix) conduct regular outreach and messaging, across Department of Homeland Security components, of available training opportunities and resources. (D) Confidentiality; limitation (i) Confidentiality Actions described in subparagraph (C) may not include the publication of any personally identifiable information. (ii) Limitation Personally identifiable information collected pursuant to subparagraph (C) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (E) Personnel (i) Management The Workplace Health and Wellness Coordinator of the Department, under the direction of the Chief Medical Officer of the Department, shall be responsible for the ongoing management of the Program. (ii) Minimum core personnel requirements Subject to appropriations, the Secretary shall ensure that the Program is staffed with the number of employees that the Chief Medical Officer determines to be necessary to carry out the duties described in subparagraph (C), including representatives from each Department of Homeland Security component and the Office of the Chief Privacy Officer. (2) Directive Not later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act (A) issue a directive or policy that outlines the roles and responsibilities of the Program; and (B) distribute such directive or policy among all Department personnel. (c) Coordination The Chief Medical Officer of the Department shall require the Program to regularly coordinate with the Department of Homeland Security components by assigning at least 1 official from each such component to the Program for the purpose of coordinating with field points of contact who are responsible for carrying out duties within Department mental health and wellness programs. (d) Department of Homeland Security components The Secretary shall require the head of each Department of Homeland Security component to prioritize and improve mental health and wellness programs, which may include other Department of Homeland Security component personnel, that— (1) provide adequate resources for law enforcement mental health, well-being, resilience, and suicide prevention programs and research; (2) promote a culture that reduces the stigma of seeking mental health assistance through regular messaging, training, and raising mental health awareness; (3) offer several avenues of seeking mental health or counseling assistance, both within the Department of Homeland Security component and through private sources that provide for anonymity and include access to external mental health clinicians; (4) review and revise relevant policies of Department of Homeland Security components that inadvertently deter personnel from seeking mental health assistance; (5) ensure that such programs include safeguards against adverse action, including automatic referrals for a fitness for duty examination, by such component with respect to any employee solely because such employee self identifies a need for psychological health counseling or assistance or receives such counseling or assistance; (6) implement policies that require in-person or live and interactive virtual suicide awareness and law enforcement resiliency training for law enforcement officers and agents; (7) make such training available, as appropriate, to other personnel— (A) upon the commencement of their employment with the Department of Homeland Security; (B) on an annual basis during such employment; (C) during such employees’ transition into a supervisory role; and (D) if feasible, shortly before the officer, agent, or other Department of Homeland Security component personnel terminates his or her employment with the Department, if such individual elects to participate; and (8) include prevention and awareness training opportunities and support services for families of officers, agents, and other Department of Homeland Security component personnel. (e) Data collection and evaluation (1) Assessment of effectiveness of law enforcement health and wellness programs The Workplace Health and Wellness Coordinator, under the direction of the Chief Medical Officer of the Department— (A) shall develop criteria to assess the effectiveness of law enforcement health and wellness programs carried out by the Department; (B) shall conduct annual confidential surveys of law enforcement agents and officers within Department of Homeland Security components to assist in evaluating the effectiveness of law enforcement health and wellness programs in accordance with the criteria developed pursuant to subparagraph (A); (C) shall ensure that the surveys conducted pursuant to subparagraph (B)— (i) incorporate leading practices in questionnaire and survey design and development; and (ii) establish a baseline and subsequently measure change over time; and (D) may utilize contractor support in carrying out the duties described in subparagraphs (A) through (C). (2) Recommendations The Chief Medical Officer of the Department shall provide recommendations to Department of Homeland Security components based on the evaluation of programs and the results of the surveys conducted pursuant to paragraph (1)(B). (3) Incident reports Each Department of Homeland Security component shall report to the Workplace Health and Wellness Coordinator incidents of suicide involving law enforcement officers and agents and any data consistent with data collected under section 2(a) of the Law Enforcement Suicide Data Collection Act ( Public Law 116–143 (4) Confidentiality; limitation (A) Confidentiality Activities described in paragraph (1) or reporting described under paragraph (3) may not include the publication of any personally identifiable information. (B) Limitation Personally identifiable information collected pursuant to paragraph (1) may not be used for any purpose other than the implementation of this section unless otherwise permitted under applicable law. Any personally identifiable information that is collected, maintained, or used pursuant to this section is subject to applicable public nondisclosure requirements, including sections 552 and 552a of title 5, United States Code. (f) Briefing Not later than 180 days after the date of the enactment of the DHS Suicide Prevention and Resiliency for Law Enforcement Act Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 Sec. 710A. Suicide prevention and resiliency for law enforcement. .

DHS Suicide Prevention and Resiliency for Law Enforcement Act

Fossil Free Finance Act of 2023 This bill requires large bank holding companies to set forth plans to reduce and ultimately eliminate the financing of activities that contribute to greenhouse gas emissions and deforestation. Specifically, the bill prohibits the financing of (1) new or expanded fossil fuel projects 60 days after enactment, (2) thermal coal by 2025, and (3) all fossil fuel projects by 2030. Further, the Financial Stability Oversight Council must consider the activities of certain bank holding companies and nonbank financial companies that contribute to emissions as part of the prudential supervision process. The Board of Governors of the Federal Reserve System must report on financed emissions in the financial system, the estimated emissions to meet science-based emissions targets, and recommendations for addressing regulatory gaps in reducing such emissions that cannot be addressed by the board.

118 S1138 IS: Fossil Free Finance 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. 1138 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Markey Mr. Merkley Mr. Sanders Committee on Banking, Housing, and Urban Affairs A BILL To amend the Bank Holding Company Act of 1956 and the Financial Stability Act of 2010 to require a reduction of financed emissions to protect financial stability, and for other purposes. 1. Short title This Act may be cited as the Fossil Free Finance Act of 2023 2. Alignment of financed emissions with science-based targets The Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. 15. Alignment of financed emissions with science-based targets (a) Definitions In this section: (1) Carbon offsets—The term carbon offsets (2) Covered bank holding company The term covered bank holding company (3) Deforestation risk commodities The term deforestation risk commodities (A) that originate from natural forest ecosystems— (i) directly from within forest areas; or (ii) from areas previously under forest cover; and (B) the extraction or production of which contributes significantly to the conversion of natural forest to agriculture, tree plantation, or other nonforest land use. (4) Financed emissions The term financed emissions 12 U.S.C. 5323 (A) investments in a debt or equity investment in such another company or the assets of such another company; (B) project finance investment; (C) underwriting; (D) syndication or securitization of loans or asset-backed securities; (E) derivative transactions related to financing or hedging; and (F) market making. (5) Fossil fuel financing The term fossil fuel financing (A) a company that derives not less than 15 percent revenue from exploration, extraction, processing, exporting, transporting, and any other significant action with respect to oil, natural gas, coal, or any byproduct thereof; or (B) a fossil fuel project. (6) Fossil fuel project The term fossil fuel project (A) facilitate or expand exploration, extraction, processing, exporting, transporting, or any other significant action with respect to oil, natural gas, coal; or (B) construct any infrastructure related to the activities described in subparagraph (A), such as wells, pipelines, terminals, refineries, or utility-sale generation facilities. (7) Greenhouse gas The term greenhouse gas (8) Natural forest The term natural forest (A) has a species composition a significant percentage of which is native species; and (B) contains a tree canopy cover of more than 10 percent over an area of not less than 0.5 hectares. (9) New or expanded fossil fuel project The term new or expanded fossil fuel project (A) level of proven or developable oil, natural gas, or coal reserves; (B) midstream throughput of pipelines, terminals, or refineries; or (C) combustion of oil, natural gas, or coal for utility-scale electricity generation. (b) Requirements Not later than 210 days after the date of enactment of this section, and not less than once every 2 years thereafter, a covered bank holding company shall— (1) submit to the Board an emission reduction plan for reducing emissions in accordance with this section; and (2) if the plan is accepted under subsection (d), implement such plan. (c) Elements of plan Each plan required under subsection (b)(1)— (1) shall include— (A) a plan for the covered bank holding company to reach zero financed emissions not later than January 1, 2050; (B) a plan to reduce the financed emissions of the bank holding company by 50 percent not later than January 1, 2030; (C) a plan to discontinue new or expanded fossil fuel projects not later than 60 days after the date of enactment of this section; (D) a plan for the covered bank holding company to discontinue thermal coal financing not later than January 1, 2025; (E) a plan for the covered bank holding company to discontinue all fossil fuel financing not later than January 1, 2030; (F) a plan for the covered bank holding company to eliminate financing of deforestation risk commodities; and (G) such other requirements as the Board determines is necessary to protect the financial stability of the United States; (2) may not include carbon offsets; (3) may include proven negative carbon emission technologies to meet the requirements under paragraph (1)(A) if the technologies do not negatively impact low-income, minority, or indigenous communities; (4) shall prioritize— (A) the covered bank holding company withdrawing funding from companies and projects that have a disproportionately negative impact on the health and well-being of low-income and minority communities; (B) lending to companies for purposes of carrying out severance, retraining, and other benefits to workers impacted by the transition to zero financed emissions; and (C) enhanced due diligence about the impacts of financing on biodiversity and community and the framework of the client for and track record in— (i) managing greenhouse gas and other emissions; and (ii) compliance with regulations and international standards. (d) Consideration of plan Not later than 180 days after the date on which the Board receives a plan submitted under subsection (b)(1), the Board shall— (1) accept the plan; or (2) (A) reject the plan if the plan does not align with science-based targets without the use of offsets or unproven carbon emission reduction technologies; and (B) require the covered bank holding company to revise such plan in accordance with the suggestions of the Board. (e) Penalties If a covered bank holding company does not submit a plan in accordance with this section or meet the requirements set out in such a plan— (1) the Board shall— (A) apply the penalties under section 8 under regulations prescribed by the Board; (B) require divestiture of assets in order to bring the financed emissions of a covered bank holding company into compliance with the requirements set out in such a plan; and (C) notify the Board of Directors of the Federal Deposit Insurance Corporation of the noncompliance of the covered bank holding company; and (2) the Board of Directors of the Federal Deposit Insurance Corporation may, with respect to any covered bank holding company described in paragraph (1)(C) or a subsidiary of the bank holding company that contributes to the failure of the covered bank holding company to comply with this section— (A) terminate the insured status of the insured depository institution of which the bank holding company has control under section 8(a)(2) of the Federal Deposit Insurance Act ( 12 U.S.C. 1818(a)(2) (B) carry out any other corrective action available under section 38 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831o 12 U.S.C. 1818(a)(2) (f) Regulations Not later than 180 days after the date of enactment of this section, the Board shall issue regulations establishing the format and timing for submission of the plans required under this section. . 3. Contribution to climate change included in FSOC designation (a) Authority To require supervision and regulation of certain nonbank financial companies Section 113 of the Financial Stability Act of 2010 ( 12 U.S.C. 5323 (1) in subsection (a)(2)— (A) in subparagraph (J), by striking and (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) the extent to which the company makes a nontrivial contribution to the financed emissions, as defined in section 15 of the Bank Holding Company Act of 1956, of the financial system of the United States; and ; and (2) in subsection (b)(2)— (A) in subparagraph (J), by striking and (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) the extent to which the company makes a nontrivial contribution to the financed emissions, as defined in section 15 of the Bank Holding Company Act of 1956, of the financial system of the United States; and . (b) Enhanced supervision and prudential standards for nonbank financial companies supervised by the board of governors and certain bank holding companies (1) Development of prudential standards Section 115(b)(1) of the Financial Stability Act of 2010 ( 12 U.S.C. 5325(b)(1) (A) in subparagraph (H), by striking and (B) in subparagraph (I), by striking the period at the end and inserting ; and (C) by adding at the end the following: (J) divestiture of financed emissions, as defined in section 15 of the Bank Holding Company Act of 1956. . (2) Required standards Section 165(b)(1)(A) of the Financial Stability Act of 2010 ( 12 U.S.C. 5365(b)(1)(A) (A) in clause (iv), by striking and (B) in clause (v), by striking the period and inserting ; and (C) by adding at the end the following: (vi) emissions reduction plans in accordance with section 15 of the Bank Holding Company Act of 1956. . 4. Reports (a) Definitions In this section: (1) Covered bank holding company; financed emissions The terms covered bank holding company financed emissions (2) Science-based emissions targets The term science-based emissions targets (b) Initial report Not later than 180 days after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall submit to Congress a report that— (1) identifies the current level of financed emissions in the financial system of the United States; (2) includes an analysis of trends in financed emissions reductions; (3) includes a summary of the commitments of covered bank holding companies to reduce financed emissions; (4) estimates the financed emissions in the financial system of the United States needed to meet science-based emissions targets; (5) identifies regulatory gaps in reducing financed emissions that cannot be addressed with authorities of the Board and recommendations for addressing such gaps; (6) identifies data quality challenges for assessing financed emissions and recommendations to address those challenges; (7) identifies the equitable transition needs for workers and communities that will be impacted by a shift to a zero financed emissions economy; (8) analyzes— (A) the number and groups of people affected by a transition to zero financed emissions; and (B) the economic impact of such a transition with respect to such groups; and (9) identifies regulatory and legislative options for mitigating the economic impacts described in paragraph (8)(B), including— (A) the use of existing authorities, including the Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 et seq. 12 U.S.C. 342 (B) the establishment of a public investment bank to finance investment in an equitable transition to a zero financed emissions economy. (c) Periodic report Not later than 180 days after the date of enactment of this Act, and not less than once every 2 years thereafter, the Board of Governors of the Federal Reserve System shall submit to Congress a report that includes— (1) an analysis of the progress against aligning with financed emissions targets; (2) the estimates described in subsection (b)(4); (3) an analysis of the progress made in the preceding 2 years toward an equitable transition to a zero financed emissions economy; and (4) recommendations with respect to assistance Congress and Federal agencies may provide to— (A) facilitate a reduction of financed emissions; and (B) support an equitable transition to a zero financed emissions economy. (d) Collection of data The Board of Governors of the Federal Reserve System shall collect such data as needed from bank holding companies to carry out the reports required under this section.

Fossil Free Finance Act of 2023

Lower Drug Costs for Families Act This bill applies certain Medicare prescription drug rebate requirements to prescription drugs that are available under private health insurance. Current law requires drug manufacturers to issue rebates to the Centers for Medicare & Medicaid Services for brand-name drugs without generic equivalents under Medicare that (1) cost $100 or more per year per individual, and (2) for which prices increase faster than inflation. Manufacturers that fail to comply are subject to civil penalties. The bill applies these requirements to prescription drugs that are available in the commercial market under private health insurance. It also indexes rebate calculations to drug prices in 2016 (as opposed to 2021).

117 S1139 IS: Lower Drug Costs for Families 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. 1139 IN THE SENATE OF THE UNITED STATES March 30, 2023 Ms. Cortez Masto Ms. Klobuchar Mr. Reed Ms. Baldwin Mr. Brown Ms. Stabenow Ms. Smith Mr. Welch Mr. Blumenthal Committee on Finance A BILL To amend title XVIII of the Social Security Act to apply prescription drug inflation rebates to drugs furnished in the commercial market and to change the base year for rebate calculations. 1. Short title This Act may be cited as the Lower Drug Costs for Families Act 2. Application of prescription drug inflation rebates to drugs furnished in the commercial market; change of base year for rebate calculations (a) Part B drugs (1) Application of prescription drug inflation rebates to drugs furnished in the commercial market Section 1847A(i) of the Social Security Act (42 U.S.C. 1395w–3a(i)) is amended— (A) in paragraph (1)(A)(i), by striking units billing units (B) in paragraph (2)(A), by striking for which payment is made under this part that would be payable under this part if such drug were furnished to an individual enrolled under this part (C) in paragraph (3)— (i) in subparagraph (A)(i), by striking units billing units (ii) by striking subparagraph (B) and inserting the following: (B) Total number of billing units For purposes of subparagraph (A)(i), the total number of billing units with respect to a part B rebatable drug is determined as follows: (i) Determine the total number of units equal to— (I) the total number of units, as reported under subsection (c)(1)(B) for each National Drug Code of such drug during the calendar quarter that is two calendar quarters prior to the calendar quarter as described in subparagraph (A), minus (II) the total number of units with respect to each National Drug Code of such drug for which payment was made under a State plan under title XIX (or waiver of such plan), as reported by States under section 1927(b)(2)(A) for the rebate period that is the same calendar quarter as described in subclause (I). (ii) Convert the units determined under clause (i) to billing units for the billing and payment code of such drug, using a methodology similar to the methodology used under this section, by dividing the units determined under clause (i) for each National Drug Code of such drug by the billing unit for the billing and payment code of such drug. (iii) Compute the sum of the billing units for each National Drug Code of such drug in clause (ii). . (2) Change of base year for rebate calculation Section 1847A(i) of the Social Security Act (42 U.S.C. 1395w–3a(i)) is amended— (A) in paragraph (3)— (i) in subparagraph (D), by striking July 1, 2021 July 1, 2016 (ii) in subparagraph (E), by striking January 2021 January 2016 (B) in paragraph (4)— (i) in subparagraph (A)— (I) by striking December 1, 2020 December 31, 2015 (II) by striking January 2021 January 2016 (ii) in subparagraph (B), by striking December 1, 2020 December 31, 2015 (iii) in subparagraph (C), by striking January 2021 January 2016 (3) Effective date The amendments made by this subsection shall take effect as if included in the enactment of section 11101 of Public Law 117–169 (b) Covered part D drugs (1) Application of prescription drug inflation rebates to drugs furnished in the commercial market Section 1860D–14B of the Social Security Act ( 42 U.S.C. 1395w–114b (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A)(i), by striking the total number of units the total number of units that are used to calculate the average manufacturer price of such dosage form and strength with respect to such part D rebatable drug, as reported by the manufacturer of such drug under section 1927 for each month, with respect to such period; (II) by striking subparagraph (B) and inserting the following: (B) Excluded units For purposes of subparagraph (A)(i), the Secretary shall exclude from the total number of units for a dosage form and strength with respect to a part D rebatable drug, with respect to an applicable period, the following: (i) Units of each dosage form and strength of such part D rebatable drug for which payment was made under a State plan under title XIX (or waiver of such plan), as reported by States under section 1927(b)(2)(A). (ii) Units of each dosage form and strength of such part D rebatable drug for which a rebate is paid under section 1847A(i). (iii) Beginning with plan year 2026, units of each dosage form and strength of such part D rebatable drug for which the manufacturer provides a discount under the program under section 340B of the Public Health Service Act. ; and (ii) in paragraph (6), by striking information rebatable covered part D drug dispensed AMP reports (B) by striking subsection (d) and inserting the following: (d) Information For purposes of carrying out this section, the Secretary shall use information submitted by manufacturers under section 1927(b)(3) and information submitted by States under section 1927(b)(2)(A). . (2) Change of base year for rebate calculation Section 1860D–14B of the Social Security Act ( 42 U.S.C. 1395w–114b (A) in subsection (b)(5)— (i) in subparagraph (A)— (I) by striking October 1, 2021 October 1, 2016 (II) by striking January 2021 January 2016 (ii) in subparagraph (C), by striking January 2021 January 2016 (B) in subsection (g)— (i) in paragraph (3)— (I) by striking January 1, 2021 January 1, 2016 (II) by striking October 1, 2021 October 1, 2016 (ii) in paragraph (4), by striking January 2021 January 2016 (3) Effective date The amendments made by this subsection shall take effect as if included in the enactment of section 11102 of Public Law 117–169

Lower Drug Costs for Families Act

Preventive Health Savings Act This bill requires the Congressional Budget Office (CBO), upon receiving a request from Congress, to determine if proposed legislation would reduce spending outside of the 10-year budget window through the use of preventive health and preventive health services. If CBO determines that the legislation would result in substantial spending reductions from the use of preventive health and preventive health services, a description and estimate of the spending reductions must be included in CBO projections.

118 S114 IS: Preventive Health Savings Act 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. 114 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Cardin Mr. Crapo Mr. King Mr. Cramer Committee on the Budget A BILL To amend the Congressional Budget Act of 1974 respecting the scoring of preventive health savings. 1. Short title This Act may be cited as the Preventive Health Savings Act 2. Scoring of preventive health savings Section 202 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 602 (h) Scoring of preventive health savings (1) Determination by the Director Upon a request by the chairman or ranking minority member of the Committee on the Budget, the Committee on Finance, or the Committee on Health, Education, Labor, and Pensions of the Senate, or by the chairman or ranking minority member of the Committee on the Budget, the Committee on Energy and Commerce, or the Committee on Ways and Means of the House of Representatives, the Director shall determine if a proposed measure would result in reductions in budget outlays in budgetary outyears through the use of preventive health and preventive health services. (2) Projections If the Director determines that a measure would result in substantial reductions in budget outlays as described in paragraph (1), the Director— (A) shall include, in any projection prepared by the Director, a description and estimate of the reductions in budget outlays in the budgetary outyears and a description of the basis for such conclusions; and (B) may prepare a budget projection that includes some or all of the budgetary outyears, notwithstanding the time periods for projections described in subsection (e) and sections 308, 402, and 424. (3) Definitions As used in this subsection— (A) the term budgetary outyears (B) the term preventive health .

Preventive Health Savings Act

Ensuring Access to General Surgery Act of 2023 This bill requires the Health Resources and Services Administration (HRSA) to study access by underserved populations to general surgeons. Specifically, HRSA must study (1) whether the health professional shortage area designation under the National Health Service Corps (NHSC) program accurately assesses adequacy of access to general surgeons, (2) whether another measure would be more accurate, and (3) potential methodologies for designating general surgery shortage areas. (The NHSC provides scholarships and student loan repayment awards to primary care, dental care, and mental health care providers who agree to work in areas that HRSA designates as having a shortage of those particular types of providers.) HRSA must also publish data comparing the availability and need of general surgery services in urban, suburban, and rural areas. On the basis of its study, HRSA may establish a methodology for designating general surgery shortage areas and make such designations. If any designations are made, HRSA must publish a list of general surgery shortage areas.

118 S1140 IS: Ensuring Access to General Surgery 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. 1140 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Schatz Mr. Barrasso Ms. Cantwell Mr. Marshall Ms. Sinema Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act with respect to the designation of general surgery shortage areas, and for other purposes. 1. Short title This Act may be cited as the Ensuring Access to General Surgery Act of 2023 2. Findings Congress finds the following: (1) According to the Bureau of Health Workforce, the United States faces a shortage of physicians. (2) A 2016 study entitled Supply and Demand of General Surgeons: Projections From 2014–2030 (3) A 2021 report released by the Association of American Medical Colleges projects shortages in all surgical specialties of between 15,800 and 30,200 surgeons by 2034. (4) A 2020 report prepared by the Health Resources and Services Administration for the Committee on Appropriations of the Senate found a maldistribution of general surgeons nationwide, with rural areas having only 69 percent of the general surgeons needed to meet demand for care. (5) In order to accurately prepare for future physician workforce demands, comprehensive, impartial research and high-quality data are needed to inform dynamic projections of physician workforce needs. (6) A variety of factors, including health outcomes, utilization trends, growing and aging populations, and delivery system changes, influence workforce needs and should be considered as part of flexible projections of workforce needs. (7) Given the particularly acute needs in many rural and other surgical workforce shortage areas, additional efforts to assess the adequacy of the current general surgeon workforce are necessary. 3. Study on designation of general surgical health professional shortage areas Part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. XIII General Surgery Shortage Areas 340J. Designation of general surgery shortage areas (a) General surgery shortage area defined For purposes of this section, the term general surgery shortage area (b) Study and report (1) Study The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall conduct a study on the following matters relating to access by underserved populations to general surgeons: (A) Whether current shortage designations, such as the designation of health professional shortage areas under section 332, results in accurate assessments of the adequacy of local general surgeons to address the needs of underserved populations in urban, suburban, or rural areas. (B) Whether another measure of access to general surgeons by underserved populations, such as one based on general surgeons practicing within hospital service areas, would provide more accurate assessments of shortages in the availability of local general surgeons to meets the needs of those populations. (C) Potential methodologies for the designation of general surgery shortage areas, including the methodology described in paragraph (2). (2) Methodology for the designation of areas Among the methodologies considered under paragraph (1)(C) for the designation of general surgery shortage areas, the Secretary shall analyze the effectiveness and accuracy of the following methodology: (A) Development of surgery service areas Development of surgery service areas through the identification of hospitals with surgery services and the identification of populations by ZIP Code areas using Medicare patient origin data. (B) Identification of surgeons Identification of all actively practicing general surgeons. (C) Surgeon to population ratios Development of general surgeon-to-population ratios for each surgery service area. (D) Thresholds (i) In general Determination of threshold general surgeon-to-population ratios for the number of general surgeons necessary to treat a population for each of the following levels: (I) Optimal supply of general surgeons. (II) Adequate supply of general surgeons. (III) Shortage of general surgeons. (IV) Critical shortage of general surgeons. (ii) Considerations In determining the thresholds under clause (i), the Secretary shall not assume that the current supply of general surgeons nationwide is the optimal or adequate level and shall consider additional factors such as wait times, health outcomes, ground transportation time to the nearest health care center with a general surgeon, critical access hospitals with surgical capabilities but lacking a general surgeon, and patient experience. (3) Report Not later than 1 year after the date of the enactment of this subpart, the Secretary shall submit to Congress a report on the study conducted under this subsection. (4) Consultation In conducting the study under paragraph (1), the Secretary shall consult with relevant stakeholders, including medical societies, organizations representing surgical facilities, organizations with expertise in general surgery, and organizations representing patients. (5) Publication of data The Secretary shall periodically collect and publish in the Federal Register— (A) data comparing the availability and need of general surgery services in urban, suburban, or rural areas in the United States; and (B) if the Secretary designates one or more general surgery shortage areas under subsection (c), a list of the areas so designated. (c) Designation of general surgery shortage areas (1) Methodology developed through regulation Based on the findings of the report under subsection (b)(3), the Secretary may establish, through notice and comment rulemaking, a methodology for the designation of general surgery shortage areas under this section. (2) Requirements If the Secretary elects to develop a methodology under paragraph (1), the following shall apply: (A) Using the methodology established under paragraph (1) and taking into consideration the data referred to in subsection (b)(5), the Secretary shall— (i) designate general surgery shortage areas in the United States; (ii) publish a descriptive list of the areas; and (iii) review annually, and, as necessary, revise such designations. (B) The Secretary shall follow similar procedures with respect to notice to appropriate parties, opportunities for comment, dissemination of information, and reports to Congress in designating general surgery shortage areas under this section as those that apply to the designation of health professional shortage areas under section 332. (C) In designating general surgery shortage areas under this subsection, the Secretary shall consult with relevant stakeholders, including medical societies, organizations representing surgical facilities, organizations with expertise in general surgery, and organizations representing patients. .

Ensuring Access to General Surgery Act of 2023

SBA Collections Act of 2023 This bill prohibits the Small Business Administration (SBA) from discharging, suspending, or ending collection action on any claim related to a Paycheck Protection Program (PPP) loan or Economic Injury Disaster Loan (EIDL). Additionally, the SBA must refer such claims that are for $100,000 or less to the Department of the Treasury and Treasury must make a final decision for the disposition of such claims. The SBA must provide monthly briefings to, and the SBA Administrator must annually testify before, the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives about the collection of claims for such loans.

118 S1142 IS: SBA Collections 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. 1142 IN THE SENATE OF THE UNITED STATES March 30, 2023 Ms. Ernst Committee on Small Business and Entrepreneurship A BILL To prohibit the Small Business Administration from suspending collections on Paycheck Protection Program loans and economic injury disaster loans related to COVID–19. 1. Short title This Act may be cited as the SBA Collections Act of 2023 2. Prohibition on suspending collections on SBA loans related to COVID–19 (a) Definitions In this section: (1) Administrator The term Administrator (2) Covered loan The term covered loan (A) a loan guaranteed under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) (B) a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) (3) Department The term Department (b) Prohibition of the Administrator (1) In general The Administrator may not discharge, suspend, or end collection action on any claim related to a covered loan. (2) Referral The Administrator shall refer to the Department any claim related to a covered loan for which the Administrator could use the authorities provided in section 3711 of title 31, United States Code, to discharge, suspend, or end that claim, but for the prohibition under paragraph (1). (c) Department of Treasury determination The Department shall— (1) retain the authorities provided in section 3711 of title 31, United States Code, or any similar provision of law; and (2) render a final decision as to discharge, suspend, end, or make collection on a claim referred to the Department under subsection (b)(2). (d) Briefings and testimony (1) Monthly briefings Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Administrator shall brief the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on the progress of the Administrator in pursuing the collection of claims related to covered loans and transferring claims to the Department of the Treasury for collection in accordance with subchapter II of chapter 37 (2) Testimony (A) In general The Administrator shall testify annually before the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on the implementation of collections of claims related to covered loans. (B) Nondelegation The Administrator may not delegate the responsibility under subparagraph (A) to any other individual.

SBA Collections Act of 2023

Invest to Protect Act of 2023 This bill directs the Office of Community Oriented Policing Services within the Department of Justice to award grants to local and tribal governments that employ fewer than 200 law enforcement officers. Grant funds may be used for various activities, including to provide de-escalation training and improve recruitment and retention.

118 S1144 IS: Invest to Protect 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. 1144 IN THE SENATE OF THE UNITED STATES March 30, 2023 Ms. Cortez Masto Mr. Grassley Mr. Warnock Mr. Cassidy Ms. Collins Mr. Tester Mr. Tillis Mr. Coons Mr. Young Ms. Klobuchar Mrs. Feinstein Mr. Cruz Mr. Durbin Mr. Kelly Mr. Blumenthal Committee on the Judiciary A BILL To establish a grant program to provide assistance to local law enforcement agencies, and for other purposes. 1. Short title This Act may be cited as the Invest to Protect Act of 2023 2. Grant program (a) Definitions In this Act: (1) De-escalation training The term de-escalation training (2) Director The term Director (3) Eligible local government The term eligible local government (A) a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level that employs fewer than 200 law enforcement officers; and (B) a Tribal government that employs fewer than 200 law enforcement officers. (4) Law enforcement officer The term law enforcement officer career law enforcement officer 34 U.S.C. 10389 (5) Office The term Office (b) Establishment There is established within the Office a grant program to— (1) provide training and access to mental health resources to local law enforcement officers; and (2) improve the recruitment and retention of local law enforcement officers. (c) Authority Not later than 120 days after the date of enactment of this Act, the Director shall award grants to eligible local governments as a part of the grant program established under subsection (b). (d) Applications (1) Barriers The Attorney General shall determine what barriers exist to establishing a streamlined application process for grants under this section. (2) Report (A) In general Not later than 60 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report that includes a plan to execute a streamlined application process for grants under this section under which an eligible local government seeking a grant under this section can reasonably complete the application in not more than 2 hours. (B) Contents of plan The plan required under subparagraph (A) may include a plan for— (i) proactively providing eligible local governments seeking a grant under this section with information on the data such eligible local governments will need to prepare before beginning the grant application; and (ii) ensuring technical assistance is available for eligible local governments seeking a grant under this section before and during the grant application process, including through dedicated liaisons within the Office. (3) Applications In selecting eligible local governments to receive grants under this section, the Director shall use the streamlined application process described in paragraph (2)(A). (e) Eligible activities An eligible local government that receives a grant under this section may use amounts from the grant only for— (1) de-escalation training for law enforcement officers; (2) victim-centered training for law enforcement officers in handling situations of domestic violence; (3) evidence-based law enforcement safety training, including training for— (A) active shooter situations; (B) the safe handling of illicit drugs and precursor chemicals; (C) rescue situations; (D) high speed or pursuit driving; (E) recognizing and countering ambush attacks; (F) contact with individuals with mental health needs; (G) contact with individuals with substance use disorders; (H) contact with veterans; (I) contact with individuals with disabilities; (J) contact with vulnerable youth; (K) contact with individuals who are victims of domestic violence, sexual assault, or trafficking; or (L) contact with individuals experiencing homelessness or living in poverty; (4) the offsetting of overtime costs associated with scheduling issues relating to the participation of a law enforcement officer in the training described in paragraphs (1) through (3); (5) a signing bonus for a law enforcement officer in an amount determined by the eligible local government; (6) a retention bonus for a law enforcement officer— (A) in an amount determined by the eligible local government that does not exceed 20 percent of the salary of the law enforcement officer; and (B) who— (i) has been employed at the law enforcement agency for not fewer than 5 years; and (ii) has not been found by an internal investigation to have engaged in serious misconduct; (7) a stipend for the graduate education of law enforcement officers in the area of mental health, public health, or social work, which shall not exceed the lesser of— (A) $10,000; or (B) the amount the law enforcement officer pays towards such graduate education; and (8) providing access to patient-centered behavioral health services for law enforcement officers, which may include resources for risk assessments, evidence-based, trauma-informed care to treat post-traumatic stress disorder or acute stress disorder, peer support and counselor services and family supports, and the promotion of improved access to high quality mental health care through telehealth. (f) Disclosure of officer recruitment and retention bonuses (1) In general Not later than 60 days after the date on which an eligible local government that receives a grant under this section awards a signing or retention bonus described in paragraph (5) or (6) of subsection (e), the eligible local government shall disclose to the Director and make publicly available on a website of the eligible local government the amount of such bonus. (2) Report The Attorney General shall submit to the appropriate congressional committees an annual report that includes each signing or retention bonus disclosed under paragraph (1) during the preceding year. (g) Grant accountability All grants awarded by the Director under this section shall be subject to the following accountability provisions: (1) Audit requirement (A) Definition In this paragraph, the term unresolved audit finding (B) Audits Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. The Inspector General of the Department of Justice shall determine the appropriate number of grantees to be audited each year. (C) Mandatory exclusion A recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A). (D) Priority In awarding grants under this section, the Director shall give priority to eligible local governments that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section. (E) Reimbursement If an eligible local government is awarded grant funds under this section during the 2-fiscal-year period during which the eligible local government is barred from receiving grants under subparagraph (C), the Attorney General shall— (i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Annual certification Beginning in the fiscal year during which audits commence under paragraph (1)(B), the Attorney General shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives an annual certification— (A) indicating whether— (i) all audits issued by the Office of the Inspector General of the Department of Justice under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director; (ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and (iii) all reimbursements required under paragraph (1)(E) have been made; and (B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year. (h) Preventing duplicative grants (1) In general Before the Director awards a grant to an eligible local government under this section, the Attorney General shall compare potential grant awards with other grants awarded by the Attorney General to determine if grant awards are or have been awarded for a similar purpose. (2) Report If the Attorney General awards grants to the same applicant for a similar purpose, 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 report that includes— (A) a list of all such grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same applicant for a similar purpose. (i) Funding In carrying out this section, the Director— (1) shall use amounts otherwise made available to the Office; and (2) may use not more than $50,000,000 of such amounts for each of fiscal years 2024 through 2028.

Invest to Protect Act of 2023

Hawaii Native Species Conservation and Recovery Act of 2023 This bill directs the U.S. Fish and Wildlife Service to establish a program that annually provides, through grants and other means, funding for projects that support the conservation and recovery of native plant and animal species in Hawaii. Hawaii, Hawaiian local governments, Native Hawaiian organizations, nonprofit organizations, businesses, and institutions of higher education may apply for funding under the program.

118 S1145 IS: Hawaii Native Species Conservation and Recovery 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. 1145 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Schatz Ms. Hirono Committee on Environment and Public Works A BILL To establish a competitive grant program to support the conservation and recovery of native plant and animal species in the State of Hawaii, and for other purposes. 1. Short title This Act may be cited as the Hawaii Native Species Conservation and Recovery Act of 2023 2. Definitions In this Act: (1) Eligible entity The term eligible entity (A) the State; (B) a unit of local government in the State; (C) a Native Hawaiian organization; (D) a nonprofit organization; (E) a business; and (F) an institution of higher education. (2) Grant program The term grant program (3) Native Hawaiian organization The term Native Hawaiian organization 25 U.S.C. 4352 (4) Native species The term native species (5) Secretary The term Secretary (6) State The term State 3. Hawaii Native Species Conservation and Recovery Grant Program (a) Establishment Not later than 180 days after the date on which amounts are appropriated to carry out this Act, the Secretary shall establish a grant program, to be known as the Hawaii Native Species Conservation and Recovery Grant Program (1) achieve the funding priorities developed under subsection (c); and (2) meet the criteria developed under subsection (e). (b) Purpose The grant program shall identify priorities and provide funding and technical assistance to carry out coordinated, science-based conservation and recovery projects in the State— (1) to prevent and mitigate the introduction and spread of invasive species, pests, and diseases that threaten native species; (2) to address the ecological consequences of climate change on native species; (3) to address loss and degradation of native species' habitats; (4) to manage, maintain, and restore populations of native species; (5) to increase scientific capacity to support the planning, monitoring, and research activities necessary for the conservation and recovery of native species; (6) to improve information collection, ecological monitoring, and management relating to the activities described in paragraphs (1) through (5); and (7) to engage the public through outreach, education, and community involvement to increase capacity and support for the conservation and recovery of native species in the State. (c) Development of priorities In carrying out the grant program, the Secretary shall coordinate with the following individuals to develop annual, science-based funding priorities for the grant program that support the purposes described in subsection (b): (1) The heads of Federal agencies, including— (A) the Administrator of the National Oceanic and Atmospheric Administration (or a designee); (B) the Administrator of the Environmental Protection Agency (or a designee); (C) the Secretary of Agriculture (or a designee); and (D) the head of any other applicable Federal agency (or a designee), as determined by the Secretary. (2) The Chairperson of the Hawaii Board of Land and Natural Resources (or a designee). (3) The Chairperson of the Hawaii Board of Agriculture (or a designee). (4) Any other relevant stakeholder involved in the conservation and recovery of native species in the State that the Secretary determines to be appropriate. (d) Request for proposals The Secretary shall publish in the Federal Register an annual request for proposals, in accordance with the funding priorities developed under subsection (c). (e) Criteria The Secretary, in coordination with the individuals described in subsection (c), shall annually develop criteria for ranking project proposals to receive funding under the grant program. (f) Recusal If the State or a unit of local government in the State applies for a grant under the grant program, then the individuals described in paragraphs (2), (3), and (4) of subsection (c) who are representatives of the State or that unit of local government, as applicable, shall recuse themselves from all funding decisions relating to those applications. (g) Cost sharing (1) Federal share (A) In general Subject to subparagraph (B), the Federal share of the cost of a project carried out under the grant program shall not exceed 75 percent. (B) Exceptions The Federal share of the cost of a project carried out under the grant program may be 100 percent, as determined by the Secretary— (i) for any project, in the discretion of the Secretary; or (ii) if the project— (I) is carried out by a Native Hawaiian organization; (II) significantly contributes to youth workforce readiness in the implementation of the project; or (III) is carried out using a grant awarded under the grant program in an amount of not more than $50,000. (2) In-kind contributions The non-Federal share of the cost of a project carried out under the grant program may be provided in the form of an in-kind contribution of services, materials, or access to land. (h) Requirement Of the amounts made available to carry out the grant program for each fiscal year, not less than 5 percent shall be used to award grants for projects described in subclauses (I) through (III) of subsection (g)(1)(B)(ii). (i) Technical assistance The Secretary may provide technical assistance to eligible entities to assist in the implementation of projects that receive funding under the grant program. (j) Consultation with Native Hawaiian organizations The Secretary, in carrying out the grant program, shall consult with Native Hawaiian organizations with respect to any project that receives funding under the grant program with implications for the Native Hawaiian Community. (k) Supplement, not supplant Funds made available to carry out the grant program for each fiscal year shall supplement and not supplant other funds made available to carry out the purposes described in paragraphs (1) through (7) of subsection (b) in the State. 4. Annual report Annually, the Secretary shall submit to Congress a report on the implementation of this Act, including— (1) a description of each project that has received funding under the grant program; and (2) the status of each project described in paragraph (1) that is in progress on the date of submission of the applicable report. 5. Authorization of appropriations (a) In general There is authorized to be appropriated to the Secretary to carry out this Act $30,000,000 for the first fiscal year that begins after the date of enactment of this Act and for each of the 9 fiscal years thereafter. (b) Administrative expenses Of the amounts made available for each fiscal year under subsection (a), the Secretary shall use not more than 5 percent for administrative expenses relating to carrying out the grant program.

Hawaii Native Species Conservation and Recovery Act of 2023

Guardianship Bill of Rights Act This bill establishes programs and requirements to support the rights of older individuals and individuals with disabilities who are in guardianships, conservatorships, or other protective arrangements. Specifically, the bill requires the Department of Health and Human Services (HHS) to establish a Guardianship and Other Protective Arrangements and Supported Decisionmaking Council. The council must advise the Department of Justice on standards governing the inherent rights of older individuals (i.e., those 60 years of age or older) and individuals with disabilities who are in protective arrangements, including with respect to marital, reproductive, financial, and medical decisions. States and Indian tribes that fail to protect the rights of individuals in accordance with these standards may lose certain criminal justice grant funding. The council must also advise HHS on standards for establishing, reviewing, and ending these types of protective arrangements, as well as for establishing alternative arrangements that are less restrictive. States must certify their compliance with these standards as a condition of certain grant funding for supportive services for individuals with disabilities. The bill also requires HHS to award grants to state and Indian tribe protection and advocacy systems for programs that provide oversight and monitoring of state and local protective arrangements, including training and legal resources for affected individuals.

118 S1148 IS: Guardianship Bill of Rights 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. 1148 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Casey Mr. Fetterman Ms. Warren Mr. Sanders Committee on Health, Education, Labor, and Pensions A BILL To establish rights for people being considered for and in protective arrangements, including guardianships and conservatorships, or other arrangements, to provide decision supports. 1. Short title This Act may be cited as the Guardianship Bill of Rights Act 2. Findings and purpose (a) Findings Congress finds the following: (1) At least 1,300,000 people in the United States are in some type of guardianship or other protective arrangement. (2) A majority of guardianships are plenary and strip almost all rights from individuals, with the restoration of rights being very rare. (3) Guardianship can have grave implications limiting the liberty of people in such an arrangement. (4) Overbroad, restrictive, and unnecessary guardianships, conservatorships, and other protective arrangements can dramatically curtail the rights of older adults and persons with disabilities. (5) A person who is being considered for a protective arrangement, or is in a protective arrangement, including an individual in a guardianship or conservatorship, has a set of fundamental rights including— (A) a right, prior to the imposition of a protective arrangement, to exhaust less restrictive alternative arrangements for supports; (B) (i) a right to an alternative arrangement, for anyone who needs decision supports but does not need a guardianship or conservatorship; and (ii) a right to a supported decisionmaking arrangement for anyone who needs decision supports, whether being considered for or in a protective arrangement; (C) a right to an independent, qualified lawyer who— (i) speaks solely for the person who is being considered for a guardianship or other protective arrangement, or who is in a protective arrangement; (ii) is free of a conflict of interest with the person’s family members, and the corresponding governmental entities, social service agencies, and courts; (iii) represents the expressed wishes of the person who is being considered for or who is in a protective arrangement; (iv) is compensated at a reasonable fee through the use of public funds, if the person is not able to pay; and (v) is appointed by the court involved, if the person does not prefer to have a lawyer of the person’s own choosing; (D) the right to significant input and full participation into decisions about their life, including their health, education, finances, employment, housing, relationships, parenthood, politics, religious activities, and social activities, and other basic decisions affecting their life; (E) if in a protective arrangement, the right to a reasonable, timely method and information for reviewing, modifying, and discontinuing the protective arrangement; (F) if in a protective arrangement, the right to, at a minimum, an annual meaningful review of their protective arrangement that includes representation by a lawyer described in subparagraph (C); and (G) a right to the least restrictive arrangement to provide support to a covered individual needing decision supports. (b) Purpose The purpose of this Act is to create a process to establish a bill of rights for covered individuals who are being considered for or who are in a guardianship, conservatorship, supported decisionmaking arrangement, or other alternative arrangement, regarding the decisions of the individuals to ensure the civil rights of each such individual are protected and the individual has significant input into arrangements of the types described in this subsection. 3. Definitions In this Act: (1) Alternative arrangement The term alternative arrangement (2) Assistive technology device The term assistive technology device 29 U.S.C. 3002 (3) Covered individual The term covered individual (A) an older adult; and (B) a person with a disability. (4) Developmental disability The term developmental disability 42 U.S.C. 15002 (5) Disability The term disability 42 U.S.C. 12102 (6) Guardianship The term guardianship (7) Indian Tribe The term Indian Tribe (A) is eligible for funding as an Indian tribe under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. (B) is— (i) eligible for funding as an Indian tribe under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. (ii) eligible for funding through an American Indian consortium under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. (8) Limited guardianship The term limited guardianship (9) Local educational agency; State educational agency The terms local educational agency State educational agency 20 U.S.C. 7801 (10) Older adult The term older adult (11) Person with a disability The term person with a disability (12) Plenary guardianship The term plenary guardianship (13) Protection and advocacy system The term protection and advocacy system 42 U.S.C. 15043 (14) Protective arrangement The term protective arrangement (A) an arrangement in which a person, acting under a limited court order authorizing support for an individual who the court has determined is in need of decision supports, has the power, for a duration specified in the order, to make such decisions for the individual, without a finding of incapacity or the appointment of a guardian or conservator; or (B) a guardianship or conservatorship. (15) Secretary The term Secretary (16) Standard The term standard (17) State The term State (18) Supported decisionmaking arrangement The term supported decisionmaking arrangement (A) who provides the individual with supports for the decisions; (B) in which areas of life the individual receives supports, including decisions about health, services received, finances, property, living arrangements, and work; and (C) with whom to associate through the support of people, technology, and other decisionmaking aids. 4. Guardianship and other protective arrangements and supported decisionmaking council (a) Establishment of a guardianship and other protective arrangements and supported decisionmaking council (1) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish in the Department of Health and Human Services a Guardianship and Other Protective Arrangements and Supported Decisionmaking Council (referred to in this Act as the Council (2) Membership (A) Background The Secretary shall appoint members to the Council. The Council shall be composed of 30 members that include— (i) five covered individuals currently (as of the date of appointment) using a supported decisionmaking arrangement; (ii) four covered individuals currently (as of the date of appointment) in a protective arrangement; (iii) three family members of covered individuals who are at risk of being in, or are in, protective arrangements; (iv) two lawyers, including at least 1 of whom— (I) is a lawyer who has served a protection and advocacy system or legal services organization; (II) has experience in representation of covered individuals in contesting or limiting guardianships; and (III) has experience in supported decisionmaking arrangements, other alternative arrangements, and protective arrangements; (v) two judges with experience managing contested and uncontested guardianships; (vi) two teachers or special education personnel from an elementary school or secondary school; (vii) two behavioral health care professionals; (viii) one independent living specialist; (ix) two other professionals with extensive knowledge of supported decisionmaking arrangements; (x) two representatives of disability-led organizations, meaning organizations for which at least 50 percent of the staff have a disability, or 50 percent of the members of the governing body have a disability; (xi) two representatives of organizations representing older adults; (xii) one guardian, who shall be a certified guardian if the State involved provides for such certifications; (xiii) one guardianship investigator; and (xiv) one representative of a State developmental disability agency, State agency on aging, or State adult protective services agency. (B) Diversity Members of the Council shall represent diverse racial, ethnic, religious, gender, geographic, socioeconomic, religious, age, and disability categories. (C) Period of appointment; vacancies (i) Term Members shall be appointed for a 3-year term and may be reappointed for one additional term. (ii) Vacancies Any vacancy in the Council shall not affect its powers, but shall be expeditiously filled by the Secretary. (D) Chair; Vice Chair At the first meeting of the Council, the Council shall select a Chair and Vice Chair from among its members. The Council shall select a member with the characteristics described in clause (i) or (ii) of subparagraph (A) to fill at least one of those positions. (3) Duties of the Council The Council shall advise the Secretary and the Attorney General on the development of standards under sections 5 and 6. (4) Council reports (A) Initial report The Council shall prepare a report in which it makes its initial recommendations on the standards described in paragraph (3), not later than 2 years after the date of its establishment. (B) Subsequent reports For the 10-year period beginning on that date of establishment, not later than 4 years after that date and not later than every 2 years thereafter, the Council will review the standards described in paragraph (3) and prepare a report in which it makes its subsequent recommendations on the standards. (C) Submission The Council shall submit the reports described in this paragraph to— (i) the Secretary; (ii) the Committee on Health, Education, Labor, and Pensions of the Senate; (iii) the Special Committee on Aging of the Senate; (iv) the Committee on Education and the Workforce of the House of Representatives; and (v) the Committee on Energy and Commerce of the House of Representatives. (5) Personnel matters (A) No additional compensation Members of the Council who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. Other members of the Council shall serve without compensation for the performance of services for the Council. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Council. (B) Travel expenses The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies in subchapter I of chapter 57 (C) Detail of government employees Any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (6) Termination The Council shall terminate 10 years after the date of the establishment of the Council. 5. Ensuring the civil rights of individuals in guardianships, conservatorships, and other protective arrangements (a) Inherent civil rights To Protect during the processes for guardianship, conservatorship, and other protective arrangements The Attorney General and the Assistant Attorney General for Civil Rights of the Department of Justice, with significant input from the Council and a stakeholder group process, shall establish standards for the inherent civil rights of a covered individual in a guardianship, a conservatorship, or another protective arrangement, including standards related to— (1) which inherent civil rights cannot be restricted, which can be restricted but not delegated, and which can be restricted but only with further due process protections; (2) due process protections for the inherent civil rights; (3) the fundamental rights described in section 2(a)(5); (4) rights related to— (A) voting access and decisionmaking; (B) decisionmaking concerning marriage and other relationships, including romantic, friendship, and family relationships; (C) reproductive decisionmaking; (D) financial decisionmaking on matters that do not jeopardize long-term security; (E) educational decisionmaking; (F) health and medical decisionmaking, including the right to private communication between an individual and the individual’s health care provider; (G) decisionmaking for religious observation and activities; (H) decisionmaking concerning a place of residency; (I) decisionmaking for visitation and association; (J) decisionmaking for travel; (K) communication; and (L) decisionmaking for daily decisions; and (5) maintenance of a covered individual’s inherent civil rights in their decisionmaking; and (b) Availability of standards The Attorney General shall make the standards described in subsection (a) available and accessible to covered individuals, family members and guardians of covered individuals, judges and court personnel, school personnel, especially special education teachers and administrators, minority language communities, and additional appropriate entities and individuals. (c) Reduction in Byrne grants (1) Definitions In this subsection— (A) the term Byrne grant 34 U.S.C. 10151 et seq. (B) the term State (C) the term State or Indian Tribe violates the standards to protect inherent civil rights (2) Establishing amount of reductions The Attorney General and the Assistant Attorney General for Civil Rights, with significant consultation with the Council, shall establish reductions in the amount of the Byrne grants that will be made available to a State or Indian Tribe if the State or Indian Tribe violates the standards to protect inherent civil rights. (3) Review and reduction of grants The Attorney General— (A) shall accept allegations that a State or Indian Tribe violated the standards to protect inherent civil rights; (B) may, based on an allegation described in subparagraph (A), or on the Attorney General's own initiative, review and determine whether a State or Indian Tribe violated the standards to protect inherent civil rights; and (C) if the Attorney General determines a State or Indian Tribe violated the standards to protect inherent civil rights, may reduce the amount of Byrne grants to the State or Indian Tribe, respectively, in accordance with the reductions established under paragraph (2). (d) Relation to other law A State that seeks funding under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. 34 U.S.C. 10153 6. Standards for guardianships, conservatorships, and alternative arrangements (a) Standards for establishing, reviewing, modifying, and discontinuing guardianships, conservatorships, or other protective arrangements The Secretary, through the Administrator of the Administration for Community Living, with significant input from the Council, shall develop standards for establishing, reviewing, modifying, and discontinuing any protective arrangement for a covered individual, including guardianships and conservatorships, including standards for each of the following: (1) Establishing protective arrangements. (2) Establishing frequencies, of not more than 1 year, for regular review of protective arrangements by the court of jurisdiction. (3) Guaranteed procedures for modification or discontinuation of protective arrangements. (4) Guaranteed representation by an independent, qualified, and compensated lawyer described in section 2(a)(5)(C) for the covered individual being considered for a protective arrangement or in a protective arrangement. (5) Access to due process while the individual is being considered for a protective arrangement and while in a protective arrangement. (6) Options for full restoration of rights for a covered individual in a protective arrangement. (7) Ordering limited protective arrangements when less restrictive arrangements, such as supported decisionmaking arrangements, are not appropriate. (8) (A) Collecting detailed data at the national and State levels on the use of guardianships and other protective arrangements, supported decisionmaking arrangements, and other alternative arrangements. (B) Reporting that data, taken as a whole and disaggregated by gender identity, race, ethnicity, sexual orientation, income level, living situation, age, disability type, and reason for guardianship or other protective arrangement. (b) Standards for establishing supported decisionmaking and other alternative arrangements The Secretary, through the Administrator of the Administration for Community Living, with significant input from the Council, shall develop system standards and other standards for establishing supported decisionmaking arrangements and other alternative arrangements as the default decision support options for covered individuals to avert the use of guardianship or a more restrictive protective arrangement, including— (1) system standards that promote supported decisionmaking arrangements and other alternative arrangements for decisionmaking arrangements, including decisionmaking arrangements within local educational agencies, health care systems, disability and aging services systems, financial institutions, and court systems; (2) standards for the areas (such as education, finance, and health) in which a covered individual requires decisionmaking supports; (3) standards for how a covered individual using a supported decisionmaking arrangement will select the persons to serve on the supported decisionmaking team; (4) standards for additional supports, such as assistive technology devices, required to ensure maximum participation by covered individuals in their decisionmaking; and (5) standards for interrupting the processes that lead to guardianship or conservatorship through retraining key decisionmakers, such as court personnel and administrators, to recognize overbroad petitions for guardianships or conservatorships. (c) Standards for transitioning from guardianships to alternative arrangements The Attorney General, in coordination with the Secretary, and with significant input from the Council and a stakeholder group process, shall— (1) establish standards, for transitioning covered individuals from guardianship or conservatorship arrangements into supported decisionmaking arrangements or other alternative arrangements, that restore the rights of individuals in appropriate circumstances; and (2) establish standards that— (A) require a periodic review of guardianships and conservatorships, to transition covered individuals in either type of arrangement to a supported decisionmaking arrangement or another alternative arrangement; (B) provide for such a review at least once a year for such covered individuals; and (C) require that a review of a guardianship or conservatorship occurs if such a covered individual requests that review. (d) Minimum standards for establishment and review of protective arrangements The Secretary, with significant input from the Council, shall— (1) establish standards for establishing guardianships or other protective arrangements, including in the case of a plenary guardianship, standards for health, medical, and financial well-being reviews by the corresponding members serving on a guardianship review panel before the guardianship is established and during reviews described in paragraph (4); (2) create standards for individuals eligible to serve on such a review panel, which shall include lawyers, and advocates, with experience protecting the civil rights described in section 5(a), other professionals with experience in protective arrangements (such as doctors, psychologists, and certified financial planners), and covered individuals; (3) establish standards requiring background checks of individuals seeking to serve on guardianship review panels; and (4) establish standards for reviews of protective arrangements described in section 2(a)(5)(F). (e) Availability and accessibility The Secretary shall make the standards described in this section, and information on the standards, available and accessible to covered individuals, family members and guardians of covered individuals, judges and court personnel, school personnel, minority language communities, and additional appropriate entities and individuals. (f) Relation to other law A State that seeks funding under— (1) title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. 29 U.S.C. 721 29 U.S.C. 741 (2) subtitle B or C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15021 et seq. 42 U.S.C. 15024 42 U.S.C. 15043 7. Protection and advocacy program for oversight of protective arrangements Title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15001 et seq. F Protective Arrangements Oversight 171. Protection and advocacy program for oversight of protective arrangements (a) Definitions In this section: (1) American Indian Consortium; State The terms American Indian Consortium State (2) Guardianship Bill of Rights definitions Except as provided in paragraphs (1) and (3), the terms used in this section have the meanings given the terms in section 3 of the Guardianship Bill of Rights Act. (3) Protection and advocacy system The term protection and advocacy system (A) a protection and advocacy system established in accordance with section 143; and (B) an American Indian Consortium that provides protection and advocacy services under section 142. (b) Establishment The Secretary, acting through the Administrator for the Administration for Community Living, shall establish a Protection and Advocacy Program, for oversight and monitoring of State and local guardianships, conservatorships, and other protective arrangements. (c) Grants The Secretary shall make a grant to each protection and advocacy system to establish or expand a Protection and Advocacy Program for Oversight of Protective Arrangements. (d) Authority In order for a protection and advocacy system for a State or serving an American Indian tribe to receive a grant under this section— (1) the State or tribe shall have in effect a protective arrangement oversight system to protect and advocate for the rights of covered individuals concerning protective arrangements; and (2) the protective arrangement oversight system shall have the authority to— (A) pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of covered individuals within the State or American Indian tribe who are being considered for or in a protective arrangement; (B) provide legal representation to covered individuals who— (i) are facing a proceeding to establish a protective arrangement; or (ii) who desire to modify or discontinue a protective arrangement; (C) provide information, referrals, training, and legal representation to enable a covered individual to establish or defend a supported decisionmaking arrangement or another alternative arrangement, including providing such services in plain language, American Sign Language, and other minority languages; and (D) investigate incidents of abuse of guardianships and other protective arrangements. (e) Use of funds (1) In general An entity that receives a grant under this section for a protective arrangement oversight system shall carry out the activities described in subsection (d) or (f). (2) Limitation The protective arrangement oversight system may not use the grant funds to provide legal representation, or other services, to persons seeking to establish or maintain (with or without modification) a guardianship or conservatorship. (f) Reports Each entity that receives a grant under this section for a protective arrangement oversight system shall prepare and submit to the Secretary, in accordance with such requirements as the Secretary may specify, information on activities carried out through the corresponding program described in subsection (c). (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2024 and each succeeding fiscal year. .

Guardianship Bill of Rights Act

Recovering America’s Wildlife Act of 2023 This bill provides funding for the conservation or restoration of wildlife and plant species of greatest conservation need, including endangered or threatened species. Specifically, the bill establishes and funds through FY2027 a subaccount of the Wildlife Conservation and Restoration Account, which was established under the Pittman-Robertson Wildlife Restoration Act. The subaccount must be used to support efforts of states, territories, or the District of Columbia to recover and manage wildlife and plant species of greatest conservation need. The Department of the Interior must use a portion of the funding from the subaccount for grants that may be used by state fish and wildlife departments or other specified entities for innovative recovery efforts for species of greatest conservation need, species listed as endangered or threatened species, or the habitats of such species. The bill also establishes and funds a Tribal Wildlife Conservation and Restoration Account to support Indian tribes' efforts to recover and manage wildlife and plant species of greatest conservation need. In addition, the bill establishes and funds through FY2027 the Endangered Species Recovery and Habitat Conservation Legacy Fund. The U.S. Fish and Wildlife Service must use the fund to (1) implement an Endangered Species Recovery Grant Program; (2) address its interagency consultation responsibilities under the Endangered Species Act of 1973; (3) work with nonfederal entities to conserve wildlife habitat and certain at-risk species; or (4) address the development and permitting of voluntary conservation agreements under such act.

85 S1149 IS: Recovering America’s Wildlife 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. 1149 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Heinrich Mr. Tillis Committee on Environment and Public Works A BILL To amend the Pittman-Robertson Wildlife Restoration Act to make supplemental funds available for management of fish and wildlife species of greatest conservation need as determined by State fish and wildlife agencies, and for other purposes. 1. Short title This Act may be cited as the Recovering America’s Wildlife Act of 2023 2. Statement of purpose The purpose of this Act is to extend financial and technical assistance to States, territories, the District of Columbia, and Indian Tribes, including under the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. 16 U.S.C. 1531 et seq. 3. Sense of Congress relating to offsets It is the sense of Congress that the costs of carrying out this Act, and the amendments made by this Act, shall be offset. I Wildlife Conservation and Restoration 101. Wildlife conservation and restoration subaccount (a) In general Section 3 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669b (1) by redesignating paragraphs (2) and (3) as paragraphs (9) and (10); and (2) by striking paragraph (1) and inserting the following: (1) Establishment of subaccount (A) In general There is established in the fund a subaccount to be known as the Wildlife Conservation and Restoration Subaccount Subaccount (B) Availability Amounts in the Subaccount shall be available without further appropriation, for each fiscal year, for apportionment in accordance with this Act. (C) Deposits into Subaccount The Secretary of the Treasury shall transfer from the general fund of the Treasury to the Subaccount— (i) for fiscal year 2024, $850,000,000; (ii) for fiscal year 2025, $1,100,000,000; (iii) for fiscal year 2026, $1,200,000,000; and (iv) for fiscal year 2027, and each fiscal year thereafter, $1,300,000,000. (2) Supplement not supplant Amounts transferred to the Subaccount shall supplement, but not replace, existing funds available to the States from— (A) the funds distributed pursuant to the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777 et seq. (B) the fund. (3) Innovation grants (A) In general The Secretary shall distribute 10 percent of funds apportioned from the Subaccount through a competitive grant program to State fish and wildlife departments, the District of Columbia fish and wildlife department, fish and wildlife departments of territories, or to regional associations of fish and wildlife departments (or any group composed of more than 1 such entity). (B) Purpose Such grants shall be provided for the purpose of catalyzing innovation of techniques, tools, strategies, or collaborative partnerships that accelerate, expand, or replicate effective and measurable recovery efforts for species of greatest conservation need and species listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (C) Review committee The Secretary shall appoint a review committee comprised of— (i) a State Director from each regional association of State fish and wildlife departments; (ii) the head of a department responsible for fish and wildlife management in a territory; (iii) one delegate from the United States Fish and Wildlife Service, for the purpose of providing technical assistance; and (iv) beginning in fiscal year 2024, four individuals representing four different nonprofit organizations each of which is actively participating in carrying out wildlife conservation restoration activities using funds apportioned from the Subaccount. (D) Support from united states fish and wildlife service Using not more than 3 percent of the amounts apportioned under subparagraph (A) to carry out a competitive grant program, the United States Fish and Wildlife Service shall provide any personnel or administrative support services necessary for such committee to carry out its responsibilities under this Act. (E) Evaluation Such committee shall evaluate each proposal submitted under this paragraph and recommend projects for funding, giving preference to solutions that accelerate the recovery of species identified as priorities through regional scientific assessments of species of greatest conservation need. (4) Use of funds Funds apportioned from the Subaccount shall be used for purposes consistent with section 2 of the Recovering America’s Wildlife Act of 2023 (A) shall be used to implement the Wildlife Conservation Strategy of a State, territory, or the District of Columbia, as required under section 4(e), by carrying out, revising, or enhancing existing wildlife and habitat conservation and restoration programs and developing and implementing new wildlife conservation and restoration programs to recover and manage species of greatest conservation need and the key habitats and plant community types essential to the conservation of those species, as determined by the appropriate State fish and wildlife department; (B) shall be used to develop, revise, and enhance the Wildlife Conservation Strategy of a State, territory, or the District of Columbia, as may be required by this Act; (C) shall be used to assist in the recovery of species found in the State, territory, or the District of Columbia that are listed as endangered species, threatened species, candidate species or species proposed for listing, or species petitioned for listing under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (D) may be used for wildlife conservation education and wildlife-associated recreation projects, especially in historically underserved communities; (E) may be used to manage a species of greatest conservation need whose range is shared with another State, territory, Indian Tribe, or foreign government and for the conservation of the habitat of such species; (F) may be used to manage, control, and prevent invasive species, disease, and other risks to species of greatest conservation need; and (G) may be used for law enforcement activities that are directly related to the protection and conservation of a species of greatest conservation need and the habitat of such species. (5) Minimum required spending for endangered species recovery Not less than an average of 15 percent over a 5-year period of amounts apportioned to a State, territory, or the District of Columbia from the Subaccount shall be used for purposes described in paragraph (4)(C). The Secretary may reduce the minimum requirement of a State, territory, or the District of Columbia on an annual basis if the Secretary determines that the State, territory, or the District of Columbia is meeting the conservation and recovery needs of all species described in paragraph (4)(C). (6) Public access to private lands not required Funds apportioned from the Subaccount shall not be conditioned upon the provision of public access to private lands, waters, or holdings. (7) Requirements for matching funds (A) For the purposes of the non-Federal fund matching requirement for a wildlife conservation or restoration program or project funded by the Subaccount, a State, territory, or the District of Columbia may use as matching non-Federal funds— (i) funds from Federal agencies other than the Department of the Interior and the Department of Agriculture; (ii) donated private lands and waters, including privately owned easements; (iii) in circumstances described in subparagraph (B), revenue generated through the sale of State hunting and fishing licenses; and (iv) other sources consistent with part 80 of title 50, Code of Federal Regulations, in effect on the date of enactment of the Recovering America’s Wildlife Act of 2023 (B) Revenue described in subparagraph (A)(iii) may only be used to fulfill the requirements of such non-Federal fund matching requirement if— (i) no Federal funds apportioned to the State fish and wildlife department of such State from the Wildlife Restoration Program or the Sport Fish Restoration Program have been reverted because of a failure to fulfill such non-Federal fund matching requirement by such State during the previous 2 years; and (ii) the project or program being funded benefits the habitat of a hunted or fished species and a species of greatest conservation need. (8) Definitions In this subsection, the following definitions apply: (A) Partnerships The term partnerships (B) Species of greatest conservation need The term species of greatest conservation need (C) Territory and territories The terms territory territories (D) Wildlife The term wildlife . (b) Allocation and Apportionment of available amounts Section 4 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669c (1) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by striking to the District of Columbia and to the Commonwealth of Puerto Rico, each To the District of Columbia (ii) in subparagraph (B)— (I) by striking to Guam To Guam (II) by striking not more than one-fourth of one percent not less than one-third of one percent (iii) by adding at the end the following: (C) To the Commonwealth of Puerto Rico, a sum equal to not less than 1 percent thereof. ; (B) in paragraph (2)(A)— (i) by amending clause (i) to read as follows: (i) one-half of which is based on the ratio to which the land and water area of such State bears to the total land and water area of all such States; ; (ii) in clause (ii)— (I) by striking two-thirds one-quarter (II) by striking the period and inserting ; and (iii) by adding at the end the following: (iii) one-quarter of which is based upon the ratio to which the number of species listed as endangered or threatened under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ; (C) by amending paragraph (2)(B) to read as follows: (B) The amounts apportioned under this paragraph shall be adjusted equitably so that no such State, unless otherwise designated, shall be apportioned a sum which is less than 1 percent or more than 5 percent of the amount available for apportionment under— (i) subparagraph (A)(i); (ii) subparagraph (A)(ii); and (iii) the overall amount available for subparagraph (A). ; and (D) in paragraph (3), by striking 3 percent 1.85 percent (2) in subsection (e)(4)— (A) by amending subparagraph (B) to read as follows: (B) Not more than an average of 15 percent over a 5-year period of amounts apportioned to each State, territory, or the District of Columbia under this section for a wildlife conservation and restoration program may be used for wildlife conservation education and wildlife-associated recreation. ; and (B) by inserting after subparagraph (B), as so amended, the following: (C) 5 percent of amounts apportioned to each State, each territory, or the District of Columbia under this section for a wildlife conservation and restoration program shall be reserved for States and territories that include plants among their species of greatest conservation need and in the conservation planning and habitat prioritization efforts of their Wildlife Conservation Strategy. Each eligible State, territory, or the District of Columbia shall receive an additional 5 percent of their apportioned amount. Any unallocated resources shall be allocated proportionally among all States and territories under the formulas of this section. ; and (3) by adding at the end following: (f) Minimization of planning and reporting Nothing in this Act shall be interpreted to require a State to create a comprehensive strategy related to conservation education or outdoor recreation. (g) Accountability (1) In general Not more than one year after the date of enactment of the Recovering America’s Wildlife Act of 2023 (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Requirements The format of the 3-year work plans, budgets, and reports required under paragraph (1) shall be established by the United States Fish and Wildlife Service, in consultation with the Association of Fish and Wildlife Agencies. (3) GAO study Not later than 7 years after the date of enactment of the Recovering America’s Wildlife Act of 2023 . 102. Technical amendments (a) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a (1) in paragraph (7), by striking including fish, (2) in paragraph (9), by inserting Indian Tribes, academic institutions, wildlife conservation organizations (b) Conforming amendments The Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. (1) in section 3— (A) in subsection (a)— (i) by striking (1) An amount equal to An amount equal to (ii) by striking paragraph (2); (B) in subsection (c)— (i) in paragraph (9), as redesignated by section 101(a)(1), by striking or an Indian tribe (ii) in paragraph (10), as redesignated by section 101(a)(1), by striking Wildlife Conservation and Restoration Account Subaccount (C) in subsection (d), by striking Wildlife Conservation and Restoration Account Subaccount (2) in section 4 ( 16 U.S.C. 669c (A) in subsection (d)— (i) in the heading, by striking account subaccount (ii) by striking Account Subaccount (B) in subsection (e)(1), by striking Account Subaccount (3) in section 8 ( 16 U.S.C. 669g Account Subaccount 103. Savings clause The Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. (1) by redesignating section 14 as section 16; and (2) by inserting after section 13 the following: 14. Savings clause Nothing in this Act shall be construed to enlarge or diminish the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under the law and regulations of the State on lands and waters within the State, including on Federal lands and waters. 15. Statutory construction with respect to Alaska If any conflict arises between any provision of this Act and any provision of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3101 et seq. 43 U.S.C. 1601 et seq. . II Tribal Wildlife Conservation and Restoration 201. Indian Tribes (a) Definitions In this section: (1) Account The term Account (2) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (3) Secretary The term Secretary (4) Tribal species of greatest conservation need The term Tribal species of greatest conservation need (5) Wildlife The term wildlife (A) any species of wild flora or fauna including fish and marine mammals; (B) flora or fauna in a captive breeding, rehabilitation, and holding or quarantine program, the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range or to maintain a species for conservation purposes; and (C) does not include game farm animals. (b) Tribal wildlife conservation and restoration account (1) In general There is established in the Treasury an account to be known as the Tribal Wildlife Conservation and Restoration Account (2) Availability Amounts in the Account shall be available for each fiscal year without further appropriation for apportionment in accordance with this title. (3) Deposits into Account Beginning in fiscal year 2024, and for each fiscal year thereafter, the Secretary of the Treasury shall transfer $97,500,000 from the general fund of the Treasury to the Account. (c) Distribution of funds to Indian tribes Each fiscal year, the Secretary of the Treasury shall deposit funds into the Account and distribute such funds through a noncompetitive application process according to guidelines and criteria, and reporting requirements determined by the Secretary of the Interior, acting through the Director of the Bureau of Indian Affairs, in consultation with Indian Tribes. Such funds shall remain available until expended. (d) Wildlife management responsibilities The distribution guidelines and criteria described in subsection (c) shall be based, in part, upon an Indian Tribe's wildlife management responsibilities. Any funding allocated to an Indian Tribe in Alaska may only be used in a manner consistent with the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. 16 U.S.C. 3101 et seq. Public Law 85–508 Alaska Statehood Act (e) Use of funds (1) In general Except as provided in paragraph (2), the Secretary may distribute funds from the Account to an Indian Tribe for any of the following purposes: (A) To develop, carry out, revise, or enhance wildlife conservation and restoration programs to manage Tribal species of greatest conservation need and the habitats of such species, as determined by the Indian Tribe. (B) To assist in the recovery of species listed as an endangered or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (C) For wildlife conservation education and wildlife-associated recreation projects. (D) To manage a Tribal species of greatest conservation need and the habitat of such species, the range of which may be shared with a foreign country, State, or other Indian Tribe. (E) To manage, control, and prevent invasive species as well as diseases and other risks to wildlife. (F) For law enforcement activities that are directly related to the protection and conservation of wildlife. (G) To develop, revise, and implement comprehensive wildlife conservation strategies and plans for such Tribe. (H) For the hiring and training of wildlife conservation and restoration program staff. (2) Conditions on the use of funds (A) Required use of funds In order to be eligible to receive funds under subsection (c), a Tribe’s application must include a proposal to use funds for at least one of the purposes described in subparagraphs (A) and (B) of paragraph (1). (B) Imperiled species recovery In distributing funds under this section, the Secretary shall distribute not less than 15 percent of the total funds distributed to proposals to fund the recovery of a species, subspecies, or distinct population segment listed as a threatened species, endangered species, or candidate species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (C) Limitation In distributing funds under this section, the Secretary shall distribute not more than 15 percent of all funds distributed under this section for the purpose described in paragraph (1)(C). (f) No matching funds required No Indian Tribe shall be required to provide matching funds to be eligible to receive funds under this section. (g) Public access not required Funds apportioned from the Tribal Wildlife Conservation and Restoration Account shall not be conditioned upon the provision of public or non-Tribal access to Tribal or private lands, waters, or holdings. (h) Administrative costs Of the funds deposited under subsection (b)(3) for each fiscal year, not more than 3 percent shall be used by the Secretary for administrative costs. (i) Savings clause Nothing in this section shall be construed as modifying or abrogating a treaty with any Indian Tribe, or as enlarging or diminishing the authority, jurisdiction, or responsibility of an Indian Tribe to manage, control, or regulate wildlife. (j) Statutory construction with respect to Alaska If any conflict arises between any provision of this section and any provision of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3101 et seq. 43 U.S.C. 1601 et seq. III Endangered Species Recovery and Habitat Conservation Legacy Fund 301. Endangered Species Recovery and Habitat Conservation Legacy Fund (a) Establishment There is established in the Treasury of the United States a fund, to be known as the Endangered Species Recovery and Habitat Conservation Legacy Fund Fund (b) Funding For each of fiscal years 2024 through 2027, the Secretary of the Treasury shall transfer from the general fund of the Treasury to the Fund $187,500,000. (c) Availability of funds Amounts in the Fund shall be available to the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (referred to in this section as the Secretary (d) Investment of amounts (1) In general The Secretary may request the Secretary of the Treasury to invest any portion of the Fund that is not, as determined by the Secretary, required to meet the current needs of the Fund. (2) Requirement An investment requested under paragraph (1) shall be made by the Secretary of the Treasury in a public debt security— (A) with a maturity suitable to the needs of the Fund, as determined by the Secretary; and (B) bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. (3) Credits to Fund The income on investments of the Fund under this subsection shall be credited to, and form a part of, the Fund. (e) Use of funds Amounts in the Fund shall be used for recovering the species managed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (1) Endangered Species Recovery Grant Program $75,000,000 for each of fiscal years 2024 through 2027, to remain available until expended, shall be used to establish and implement a grant and technical assistance program, to be known as the Endangered Species Recovery Grant Program 16 U.S.C. 1533 16 U.S.C. 1533(f) 16 U.S.C. 1531 et seq. 16 U.S.C. 3701 et seq. (2) Interagency consultation responsibilities $75,000,000 for each of fiscal years 2024 through 2027, to remain available until expended, shall be used for the United States Fish and Wildlife Service to address interagency consultation responsibilities under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (3) Conservation activities $28,125,000 for each of fiscal years 2024 through 2027, to remain available until expended, shall be used for the United States Fish and Wildlife Service to work with non-Federal entities, including through, but not limited to, the Partners for Fish and Wildlife Program, the Coastal Program, and the North American Wetlands Conservation Act ( 16 U.S.C. 4401 et seq. (A) to conserve at risk species, species that are candidates or proposed for listing, and species that are listed as threatened or endangered species under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 (B) to conserve wildlife habitat. (4) Voluntary conservation agreements $9,375,000 for each of fiscal years 2024 through 2027, to remain available until expended, shall be used for the United States Fish and Wildlife Service to address the development and permitting of voluntary conservation agreements under section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 (f) Supplement, not supplant Amounts made available under this section shall supplement and not supplant any other Federal amounts made available to carry out activities described in this section in an annual appropriations Act of Congress. (g) Submission of species lists to Congress (1) Priority list of species Not later than 90 days after the date of enactment of this Act, the Secretary, shall submit to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Natural Resources and Appropriations of the House of Representatives a list of threatened species and endangered species for which recovery plans described in subsection (e)(1) will be developed or implemented for fiscal year 2024. (2) Annual list of species Until the date on which all of the amounts in the Fund are expended, the President shall annually submit to Congress, together with the annual budget of the United States, a list of threatened species and endangered species for which recovery plans described in subsection (e)(1) will be developed or implemented with amounts from the Fund. (h) Public donations (1) In general The Secretary may accept public cash donations that advance efforts— (A) to address the backlog in the development and implementation of recovery plans; and (B) to encourage relevant public-private partnerships. (2) Credits to fund Any cash donations accepted under paragraph (1) shall be credited to, and form a part of, the Fund. (3) Rejection of donations The Secretary may reject a donation under this section when the rejection is in the interest of the Federal Government, as determined by the Secretary. (i) Allocation authority (1) Submission of cost estimates The President shall submit to Congress detailed allocations by program element of the amount recommended for allocation in a fiscal year from amounts made available under subsection (c), consistent with the use of funds under subsection (e), as follows: (A) For fiscal year 2024, not later than 90 days after the date of enactment of this Act. (B) For each fiscal year thereafter, until the date on which all of the amounts in the Fund are allocated, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code. (2) Alternate allocation (A) In general The Committees on Appropriations of the Senate and House of Representatives may provide for alternate allocation of amounts recommended for allocation in a given fiscal year from amounts made available under subsection (c), consistent with the use of funds under subsection (e), including allocations by program element. (B) Allocation by President (i) No alternate allocations If Congress has not enacted legislation establishing alternate allocations, including by program, by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agencies for the applicable fiscal year is enacted into law, only then shall amounts recommended for allocation for that fiscal year from amounts made available under subsection (c), consistent with the use of funds under subsection (e), be allocated by the President or apportioned or allotted by program pursuant to title 31, United States Code. (ii) Insufficient alternate allocation If Congress enacts legislation establishing alternate allocations, including by program, for amounts recommended for allocation in a given fiscal year from amounts made available under subsection (c), consistent with the use of funds under subsection (e), that are less than the full amount recommended for allocation for that fiscal year, the difference between the amount recommended for allocation and the alternate allocation shall be allocated by the President and apportioned and allotted by program pursuant to title 31, United States Code. (j) Prohibitions No amounts from the Fund shall be used— (1) to make any listing determination relating to the endangered or threatened status of any species pursuant to section 4(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(a) (2) on any experimental population (as defined in paragraph (1) of section 10(j) of the Endangered Species Act of 1973 ( 16 U.S.C. 1539(j) (3) outside of the United States (as defined in section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 (4) to acquire any Federal land.

Recovering America’s Wildlife Act of 2023

Clean Water Allotment Modernization Act of 2023 This bill revises the formula the Environmental Protection Agency (EPA) uses to determine how to distribute funds from the Clean Water State Revolving Fund (SRF) program. Under the program, the EPA allocates funding to states for water quality infrastructure projects, such as wastewater systems and stormwater management projects. In FY2024-FY2028, the EPA must provide an initial allotment to each state that is equal to the amount the state received in FY2023. The EPA must also provide an additional allotment to each state that is based on its share of the U.S. population. In FY2029 and each subsequent fiscal year, the EPA must use an updated allotment formula, which is based on the needs of states as identified in the most recently available clean watersheds needs survey. Beginning in FY2024, the formula must also provide allotments for Indian tribes and territories. In addition, the formula must provide an allotment for EPA's oversight of SRF projects to ensure they use American iron and steel.

117 S115 IS: Clean Water Allotment Modernization 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. 115 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Rubio Mr. Kelly Mr. Scott of Florida Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to modify certain allotments under that Act, and for other purposes. 1. Short title This Act may be cited as the Clean Water Allotment Modernization Act of 2023 2. Modification to allotments under the Federal Water Pollution Control Act (a) In general Section 205 of the Federal Water Pollution Control Act ( 33 U.S.C. 1285 205. Allotments (a) In general (1) Definitions In this subsection: (A) Buy American oversight The term Buy American oversight (B) Clean watersheds needs survey The term clean watersheds needs survey (C) State The term State (i) each of the 50 States; (ii) the District of Columbia; and (iii) the Commonwealth of Puerto Rico. (D) United States territory The term United States territory (i) American Samoa; (ii) the Commonwealth of the Northern Mariana Islands; (iii) the United States Virgin Islands; and (iv) Guam. (2) Fiscal years 2024 through 2028 (A) Buy American oversight For each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment of not less than 0.1 percent for Buy American oversight. (B) Initial allotments to States For each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment to each State in an amount that is not less than the amount received by the State under this section in fiscal year 2023 under the Consolidated Appropriations Act, 2023 ( Public Law 117–328 (C) Additional allotments to States Notwithstanding any other provision of this section, for each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year that remain available after application of subparagraph (B), the Administrator shall provide an additional allotment to each State in an amount that is based on the proportion that, as determined using the most recently published annual estimate of the Bureau of the Census— (i) the population of the State; bears to (ii) the total population of all States. (D) Allotments to Indian tribes For each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment of 2 percent to Indian tribes. (E) Allotments to United States territories For each of fiscal years 2024 through 2028, of the amounts made available to carry out this section for a fiscal year, the Administrator shall provide an allotment of 1.5 percent to United States territories. (3) Subsequent fiscal years (A) In general For fiscal year 2029 and each fiscal year thereafter, in allotting amounts made available to carry out this section for a fiscal year, the Administrator shall use an updated allotment formula consistent with subparagraph (B). (B) Formula (i) Development The Administrator shall, by regulation, develop a formula— (I) for the calculation of allotments of amounts made available to carry out this section for a fiscal year to States in accordance with clause (ii); and (II) that includes allotments of amounts made available to carry out this section for a fiscal year— (aa) to provide to Indian tribes in accordance with clause (iii); (bb) to provide to United States territories in accordance with clause (iv); and (cc) for Buy American oversight in accordance with clause (v). (ii) Allotments for States In developing the formula required under subparagraph (A) for the allotments described in clause (i)(I), the Administrator shall— (I) base the formula on the needs of the States, as identified in the most recently available clean watersheds needs survey; and (II) ensure that each State receives not less than 1 percent of the amounts made available to carry out this section for a fiscal year. (iii) Allotments for Indian tribes In developing the formula required under subparagraph (A) for the allotments described in clause (i)(II)(aa), the Administrator shall provide 2 percent of the amounts made available to carry out this section for a fiscal year to Indian tribes. (iv) Allotments for United States territories In developing the formula required under subparagraph (A) for the allotments described in clause (i)(II)(bb), the Administrator shall provide 1.5 percent of the amounts made available to carry out this section for a fiscal year to United States territories. (v) Buy American oversight In developing the formula required under subparagraph (A) for the allotments described in clause (i)(II)(cc), the Administrator shall ensure that 0.1 percent of the amounts made available to carry out this section for a fiscal year are used for Buy American oversight. (C) Timeline (i) Initial formula The Administrator shall develop the initial formula required under subparagraph (A) by not later than September 30, 2028, to ensure that the formula is in effect for fiscal year 2029. (ii) Updates required After developing the formula required under subparagraph (A) by the date described in clause (i), the Administrator shall update that formula by not later than the date that is 1 year after the date on which the Administrator submits a new clean watersheds needs survey to Congress. (4) Savings provision To the extent practicable, the Administrator shall continue developing the allotment formula under paragraph (2) until the date on which the Administrator submits to Congress a new clean watersheds needs survey for purposes of the formula required under paragraph (3)(A). . (b) No effect on infrastructure funds Nothing in this section or an amendment made by this section affects— (1) amounts made available to carry out section 205 of the Federal Water Pollution Control Act ( 33 U.S.C. 1285 33 U.S.C. 1381 et seq. Public Law 117–58 (2) any allocations of those amounts. 3. Clean watersheds needs survey Section 516(b) of the Federal Water Pollution Control Act ( 33 U.S.C. 1375(b) (1) by striking paragraph (2); (2) in paragraph (1)— (A) in the third sentence, by striking Whenever the Administrator, (3) Submission to Congress Whenever the Administrator, ; and (B) in the second sentence, by striking The Administrator shall (2) Deadline The Administrator shall ; (3) by striking the subsection designation and all that follows through The Administrator, (b) Estimates; studies; analyses (1) In general The Administrator, ; and (4) in paragraph (1) (as so amended)— (A) by striking ; and (D) a comprehensive ; and (D) a comprehensive ; (B) by striking (C) a comprehensive (C) a comprehensive ; (C) by striking (B) a detailed estimate in each of the States; (B) a detailed estimate, biennially revised, of the cost of construction of all planned publicly owned treatment works in each State, and all needed publicly owned treatment works in each State, which shall include a detailed estimate of— (i) the cost of construction for rehabilitating or upgrading all existing publicly owned treatment works (excluding any pipe or other device or system for the conveyance of wastewater) every 20 years, including the cost of implementing measures necessary to address the resilience and sustainability of publicly owned treatment works to manmade or natural disasters; and (ii) the cost of construction for replacing 10 percent of existing publicly owned pipes and other devices and systems for the conveyance of wastewater to publicly owned treatment works over the 20-year period following the date of the estimate; ; and (D) by striking shall make (A) a detailed estimate shall make— (A) a detailed estimate . 4. Additional eligible use of allotted funds Section 603 of the Federal Water Pollution Control Act ( 33 U.S.C. 1383 (k) Additional eligible use of allotted funds Notwithstanding any other provision of this section, each fiscal year, a State may reserve up to 0.5 percent of the amounts allotted to the State under this title and section 205(m) for that fiscal year to carry out activities necessary to create the detailed estimate under section 516(b)(1)(B). .

Clean Water Allotment Modernization Act of 2023

National Nursing Workforce Center Act of 2023 This bill sets out a pilot program to support state agencies, state boards of nursing, nursing schools, or other eligible entities with establishing or expanding state-based nursing workforce centers that carry out research, planning, and programs to address nursing shortages, nursing education, and other matters affecting the nursing workforce. The bill also expands the authority of the Health Resources and Services Administration (HRSA) to establish health workforce research centers and specifically requires that HRSA establish a center focused on nursing.

118 S1150 IS: National Nursing Workforce Center 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. 1150 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Merkley Mr. Tillis Mr. Kelly Mr. Wicker Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to support and stabilize the existing nursing workforce, establish programs to increase the number of nurses, and for other purposes. 1. Short title This Act may be cited as the National Nursing Workforce Center Act of 2023 2. State nursing workforce centers Title VII of the Public Health Service Act ( 42 U.S.C. 292 et seq. (1) by redesignating part G ( 42 U.S.C. 295j et seq. (2) by inserting after part F the following new part: G Nursing workforce centers 785. State and regional nursing workforce center data collection pilot program (a) In general The Secretary shall carry out a 2-year pilot program to establish new or enhance existing State-based nursing workforce centers, evaluate the impact of State-based nursing workforce centers on outcomes, and assess the feasibility of nursing workforce public-private partnerships. The Secretary shall begin implementation of such pilot program not later than 1 year after the date of enactment of the National Nursing Workforce Center Act of 2023 (b) Grant terms (1) Number of grants awarded The Secretary shall award not fewer than 6 grants under the pilot program under subsection (a). (2) Term The term of a grant awarded under the pilot program under subsection (a) shall be 2 years. (3) Matching requirement As a condition on receipt of a grant under the pilot program under subsection (a), the Secretary shall require the applicant to agree, with respect to costs to be incurred by the applicant in carrying out the activities funded through the grant, to make available non-Federal contributions (in cash or in kind) toward such costs in an amount that is equal to not less than $1 for each $4 of Federal funds provided through the grant. Such contributions may be made directly or through donations from public or private entities. (c) Eligibility To be eligible to receive a grant under this section, an entity shall be— (1) a State agency; (2) a State board of nursing; (3) an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Act of 1986; (4) a community-based organization; (5) a school of nursing (as defined in section 801); or (6) another type of school or program determined by the Secretary to be an eligible entity for purposes of this section. (d) Equitable distribution In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that such grants are equitably distributed among— (1) the geographical regions of the United States; and (2) States with an existing nursing workforce center and States without any such existing center. (e) Priority In selecting the eligible entity to be awarded a grant under this section for a nursing workforce center in a particular State, the Secretary shall give priority to eligible entities that— (1) propose to provide statewide services; (2) have expertise in the State’s nursing workforce issues; (3) have a history of convening entities to address nursing workforce issues; and (4) have partnerships with entities that traditionally educate and employ the State’s nurses. (f) Use of funds A nursing workforce center supported under this section may use funds provided under this section for the following statewide activities: (1) Conducting comprehensive analysis of and research on— (A) existing State nursing workforce data and gaps in such data; (B) 2- and 4-year nursing education programs, including with respect to— (i) faculty capacity and pay; (ii) enrollment, retention, and graduation; (iii) services for nursing students and the outcomes of such services; (iv) facility needs; and (v) clinical placement capacity; (C) State-specific scholarships, grants, and financial aid; and (D) factors contributing to retention and recruitment challenges and to nurses leaving the workplace or profession. (2) Conducting strategic nursing workforce planning with employers across all work settings and nursing education. (3) Conducting focused research on trends in nursing shortages, including the fiscal and clinical outcomes of contract nursing. (4) Establishing and implementing programs to— (A) support and retain faculty to increase enrollment in schools of nursing; (B) recruit and retain nurses in all settings where nurses practice; (C) support leadership development; (D) prepare the nursing workforce to address social determinants of health and health inequities; (E) prepare nurses for public health crisis and pandemic response; (F) assist individuals in obtaining education and training required to enter the nursing profession, and advance within such profession, such as by providing career counseling and mentoring; and (G) diversify the nursing workforce. (g) Reports Not later than one year after the date on which the first grant is awarded under the pilot program under subsection (a), and annually thereafter, the Secretary shall submit to Congress a report on the grants awarded under such pilot program during the year covered by the report. Each such report shall include— (1) a description of initiatives to study the unique characteristics of State nursing workforces, and efforts to increase the number of new nurses, recruit nurses to the nursing profession, and retain nurses in the workplace; (2) impact data on nurses served by nursing workforce centers, including demographic information of the individuals served, the number of such individuals, and the types of services provided; (3) the effectiveness of establishing formal public-private relationships at understanding the national nursing workforce through improved data collection and standardization; (4) data on continuous evaluation and quality improvement, and other relevant data as determined by the Secretary; and (5) the Secretary’s recommendations and best practices for— (A) reducing shortages among different nursing specialties; (B) reducing shortages in rural and underserved areas; (C) improving geographical distribution of the nursing workforce; and (D) reducing shortages among different types of nursing employers. (h) Funding From the amounts appropriated to the Health Resources and Services Administration for workforce initiatives, the Secretary shall use $1,500,000 for each of fiscal years 2024 and 2025 for purposes of carrying out this section. . 3. State and regional centers for health workforce analysis (a) Expansion of covered programs Section 761(c)(1)(A) of the Public Health Service Act ( 42 U.S.C. 294n(c)(1)(A) under this title under this Act (b) Analysis and technical assistance Section 761(c) of the Public Health Service Act ( 42 U.S.C. 294n(c) (3) Minimum requirement At least one grant or contract awarded under this subsection shall be awarded to an eligible entity that demonstrates— (A) a mission to advance and support the nursing workforce; (B) experience and expertise in guiding State-level nursing workforce centers; (C) experience in working with nursing workforce data; (D) expertise in analytical methods and tools appropriate for nursing workforce research; and (E) awareness of emerging topics, issues, and trends related to the nursing workforce. (4) Analysis and reporting Analysis and reporting carried out pursuant to a grant or contract under this subsection may include— (A) collaborating with nursing workforce centers to produce or deliver, with respect to the supply of nurses, the demand for nurses, and the capacity to educate and train the nursing workforce— (i) regional and national reports; (ii) articles in peer-reviewed journals; (iii) presentations at national and international conferences and meetings; and (iv) policy briefs, fact sheets, articles, blogs, and other publications available in the public domain; (B) evaluating the programs and activities of the nursing workforce centers overall; (C) developing evidence-based or evidence-informed strategies and best practices to alleviate nursing workforce shortages across States and regions; and (D) conducting rapid data analysis and short-term, issue-specific research. (5) Technical Assistance Technical assistance provided pursuant to this subsection may include— (A) providing technical assistance to nursing workforce centers on the collection, analysis, and reporting of standardized supply, demand, and education and training data to inform analysis conducted pursuant to subsection (c)(1); (B) collaborating with nursing workforce centers to identify and deliver evidence-based or evidence-informed strategies to alleviate nursing shortages and the maldistribution of nurses; (C) providing online and in-person training opportunities for nurses and other staff at nursing workforce centers; and (D) developing and maintaining a website that— (i) is accessible to grant and contract recipients under section 785 and this section; (ii) supports resources for the provision of technical assistance under this section, such as— (I) evidence-based or evidence-informed educational materials, tools, recent findings of interest, and links to relevant resources; and (II) logistical and administrative information, such as online trainings, webinars, and publications; and (iii) includes a publicly accessible repository of webinars, tools, and resources. (6) Definition In this subsection, the term nursing workforce center .

National Nursing Workforce Center Act of 2023

Accountability for Endless Wars Act of 2023 This bill provides for the automatic termination of laws that authorize the use of military force or declare war. Any such existing law terminates six months after this bill's enactment; any such future law terminates 10 years after enactment.

118 S1151 IS: Accountability for Endless Wars 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. 1151 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Durbin Mr. Ossoff Mr. Welch Committee on Foreign Relations A BILL To terminate authorizations for the use of military force and declarations of war no later than 10 years after the enactment of such authorizations or declarations. 1. Short title This Act may be cited as the Accountability for Endless Wars Act of 2023 2. Termination of authorizations for the use of military force and declarations of war (a) Future authorizations for the use of military force and declarations of war Any authorization for the use of military force or declaration of war enacted into law after the date of the enactment of this Act shall terminate on the date that is 10 years after the date of the enactment of such authorization or declaration. (b) Existing authorizations for the use of military force and declarations of war Any authorization for the use of military force or declaration of war enacted before the date of the enactment of this Act shall terminate on the date that is 6 months after the date of such enactment.

Accountability for Endless Wars Act of 2023

Smarter Sentencing Act of 2023 This bill reduces statutory mandatory minimum penalties for certain drug offenses, requires reporting on the impact of cost savings from the reductions, and establishes a public database of federal criminal offenses. First, the bill reduces statutory mandatory minimum penalties for two types of offenders: (1) individuals who manufacture, distribute, or possess with intent to distribute a controlled substance; and (2) couriers who import or export a controlled substance. Second, the bill requires the Department of Justice (DOJ) to report on how the reduced expenditures on federal corrections and cost savings from the reductions in mandatory minimum sentences help to reduce overcrowding in federal prisons, increase investment in law enforcement and crime prevention, and reduce recidivism. Third, the bill requires DOJ and federal agencies to report on and create public databases of all criminal offenses—criminal statutory offenses and criminal regulatory offenses.

118 S1152 IS: Smarter Sentencing 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. 1152 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Durbin Mr. Lee Mr. Whitehouse Mr. Blumenthal Mr. Booker Ms. Warren Mr. Sanders Mr. King Mr. Kaine Mr. Wicker Mr. Markey Committee on the Judiciary A BILL To focus limited Federal resources on the most serious offenders. 1. Short title This Act may be cited as the Smarter Sentencing Act of 2023 2. Sentencing modifications for certain drug offenses (a) Controlled Substances Act The Controlled Substances Act ( 21 U.S.C. 801 et seq. (1) in section 102 ( 21 U.S.C. 802 (A) by redesignating paragraph (58) as paragraph (59); (B) by redesignating the second paragraph (57) (relating to serious drug felony (C) by adding at the end the following: (60) The term courier ; and (2) in section 401(b)(1) ( 21 U.S.C. 841(b)(1) (A) in subparagraph (A), in the flush text following clause (viii)— (i) by striking 10 years or more 5 years or more (ii) by striking 15 years 10 years (B) in subparagraph (B), in the flush text following clause (viii)— (i) by striking 5 years 2 years (ii) by striking not be less than 10 years not be less than 5 years (b) Controlled Substances Import and Export Act Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) (1) in paragraph (1), in the flush text following subparagraph (H)— (A) by inserting , other than a person who is a courier, such violation (B) by striking person commits person, other than a courier, commits (C) by inserting If a person who is a courier commits such a violation, the person shall be sentenced to a term of imprisonment of not less than 5 years and not more than life. If a person who is a courier commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, the person shall be sentenced to a term of imprisonment of not less than 10 years and not more than life. Notwithstanding section 3583 (2) in paragraph (2), in the flush text following subparagraph (H)— (A) by inserting , other than a person who is a courier, such violation (B) by striking person commits person, other than a courier, commits (C) by inserting If a person who is a courier commits such a violation, the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than life. If a person who is a courier commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, the person shall be sentenced to a term of imprisonment of not less than 5 years and not more than life. Notwithstanding section 3583 (c) Applicability to Pending and Past Cases (1) Definition In this subsection, the term covered offense (2) Pending cases This section, and the amendments made by this section, shall apply to any sentence imposed after the date of enactment of this Act, regardless of when the offense was committed. (3) Past cases In the case of a defendant who, before the date of enactment of this Act, was convicted or sentenced for a covered offense, the sentencing court may, on motion of the defendant, the Bureau of Prisons, the attorney for the Government, or on its own motion, impose a reduced sentence after considering the factors set forth in section 3553(a) of title 18, United States Code. 3. Directive to the Sentencing Commission (a) Directive to Sentencing Commission Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, if appropriate, its guidelines and its policy statements applicable to persons convicted of an offense under section 401 of the Controlled Substances Act ( 21 U.S.C. 841 21 U.S.C. 960 (b) Considerations In carrying out this section, the United States Sentencing Commission shall consider— (1) the mandate of the United States Sentencing Commission, under section 994(g) of title 28, United States Code, to formulate the sentencing guidelines in such a way as to minimize the likelihood that the Federal prison population will exceed the capacity of the Federal prisons (2) the findings and conclusions of the United States Sentencing Commission in its October 2011 report to Congress entitled, Mandatory Minimum Penalties in the Federal Criminal Justice System; (3) the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the United States Sentencing Commission; (4) the relevant public safety concerns involved in the considerations before the United States Sentencing Commission; (5) the intent of Congress that penalties for violent, repeat, and serious drug traffickers who present public safety risks remain appropriately severe; and (6) the need to reduce and prevent racial disparities in Federal sentencing. (c) Emergency authority The United States Sentencing Commission shall— (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. 4. Report by Attorney General Not later than 6 months after the date of enactment of this Act, 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 report outlining how the reduced expenditures on Federal corrections and the cost savings resulting from this Act will be used to help reduce overcrowding in the Federal Bureau of Prisons, help increase proper investment in law enforcement and crime prevention, and help reduce criminal recidivism, thereby increasing the effectiveness of Federal criminal justice spending. 5. Report on Federal criminal offenses (a) Definitions In this section— (1) the term criminal regulatory offense (2) the term criminal statutory offense (b) Report on criminal statutory offenses Not later than 1 year after the date of enactment of this Act, 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 report, which shall include— (1) a list of all criminal statutory offenses, including a list of the elements for each criminal statutory offense; and (2) for each criminal statutory offense listed under paragraph (1)— (A) the potential criminal penalty for the criminal statutory offense; (B) the number of prosecutions for the criminal statutory offense brought by the Department of Justice each year for the 15-year period preceding the date of enactment of this Act; and (C) the mens rea requirement for the criminal statutory offense. (c) Report on criminal regulatory offenses (1) Reports Not later than 1 year after the date of enactment of this Act, the head of each Federal agency described in paragraph (2) shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report, which shall include— (A) a list of all criminal regulatory offenses enforceable by the agency; and (B) for each criminal regulatory offense listed under subparagraph (A)— (i) the potential criminal penalty for a violation of the criminal regulatory offense; (ii) the number of violations of the criminal regulatory offense referred to the Department of Justice for prosecution in each of the years during the 15-year period preceding the date of enactment of this Act; and (iii) the mens rea requirement for the criminal regulatory offense. (2) Agencies described The Federal agencies described in this paragraph are the Department of Agriculture, the Department of Commerce, the Department of Education, the Department of Energy, the Department of Health and Human Services, the Department of Homeland Security, the Department of Housing and Urban Development, the Department of the Interior, the Department of Labor, the Department of Transportation, the Department of the Treasury, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Equal Employment Opportunity Commission, the Export-Import Bank of the United States, the Farm Credit Administration, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Election Commission, the Federal Labor Relations Authority, the Federal Maritime Commission, the Federal Mine Safety and Health Review Commission, the Federal Trade Commission, the National Labor Relations Board, the National Transportation Safety Board, the Nuclear Regulatory Commission, the Occupational Safety and Health Review Commission, the Office of Congressional Workplace Rights, the Postal Regulatory Commission, the Securities and Exchange Commission, the Securities Investor Protection Corporation, the Environmental Protection Agency, the Small Business Administration, the Federal Housing Finance Agency, and the Office of Government Ethics. (d) Index Not later than 2 years after the date of enactment of this Act— (1) the Attorney General shall establish a publicly accessible index of each criminal statutory offense listed in the report required under subsection (b) and make the index available and freely accessible on the website of the Department of Justice; and (2) the head of each agency described in subsection (c)(2) shall establish a publicly accessible index of each criminal regulatory offense listed in the report required under subsection (c)(1) and make the index available and freely accessible on the website of the agency. (e) Rule of construction Nothing in this section shall be construed to require or authorize appropriations.

Smarter Sentencing Act of 2023

Promoting Women in Aviation Act This bill establishes a Women in Aviation Advisory Committee within the Department of Transportation (DOT). The committee must advise DOT and the Federal Aviation Administration (FAA) on matters related to women in the aviation industry and coordinate with the FAA's Federal Women's Program. Membership in the committee must include representatives from major airlines and aerospace companies, nonprofit organizations within the aviation industry, airport operators and employees, aviation and engineering business associations, the Civil Air Patrol, the FAA, educational institutions, and labor organizations. The committee must submit a report annually to Congress, DOT, and the FAA on the committee's findings and conclusions, as well as any recommendations for legislation and administrative actions.

118 S1154 IS: Promoting Women in Aviation 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. 1154 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Peters Mrs. Fischer Ms. Sinema Mr. Moran Ms. Duckworth Committee on Commerce, Science, and Transportation A BILL To establish the Women in Aviation Advisory Committee. 1. Short title This Act may be cited as the Promoting Women in Aviation Act 2. Women in Aviation Advisory Committee (a) Establishment There is established within the Department of Transportation the Women in Aviation Advisory Committee (in this section referred to as the Committee (b) Membership (1) Composition (A) In general The Committee shall be composed of up to 15 members appointed by the Secretary of Transportation, including representatives from the following: (i) Major airlines and aerospace companies. (ii) Nonprofit organizations within the aviation industry. (iii) Airport operators and employees. (iv) Aviation business associations. (v) Engineering business associations. (vi) United States Air Force Auxiliary, Civil Air Patrol. (vii) Institutions of higher education and aviation trade schools. (viii) Nonprofit labor organizations representing aviation workers, including an organization representing pilots for cargo and passenger air carriers operating under part 121 of title 14, Code of Federal Regulations. (ix) The Federal Aviation Administration. (B) Date The appointments described in subparagraph (A) shall be made not later than 9 months after the date of enactment of this section. (2) Chair; subcommittee chairs The Committee— (A) shall select a Chair from among the members of the Committee; and (B) may select subcommittee chairs from among the members of the Committee, as the Committee determines appropriate. (3) Term of service (A) In general Each member of the Committee shall serve a term of 6 years from the date of the appointment. (B) Successors (i) Death or resignation If a member of the Committee dies or resigns during their term of service, the Secretary of Transportation shall designate a successor for the unexpired term of such member. (ii) Expired term Any member of the Committee whose term of office has expired shall continue to serve as a member until their successor is appointed by the Secretary of Transportation. (4) Administrative support The Secretary of Transportation shall furnish the Committee logistical and administrative support and other assistance to enable the Committee to perform its duties. (5) Compensation Each member of the Committee shall serve without compensation. (c) Duties (1) Advisory role The Committee— (A) shall advise the Secretary of Transportation and the Administrator of the Federal Aviation Administration on matters related to women in the aviation industry; (B) shall engage with the objectives, report, and recommendations produced by the Advisory Board created under section 612 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 (C) shall coordinate with the Federal Women's Program of the Federal Aviation Administration; and (D) shall not duplicate the objectives of the Air Carrier Training Aviation Rulemaking Committee. (2) Reports (A) Annual report Not later than October 31 of the first calendar year beginning after the date on which the Committee is established under subsection (a), and annually thereafter, the Committee shall submit to Congress, the Secretary of Transportation, and the Administrator of the Federal Aviation Administration a report that contains a detailed statement of the findings and conclusions of the Committee, together with the recommendations of the Committee for such legislation and administrative actions as the Committee considers appropriate. (B) Additional reports The Committee may submit to Congress, the Secretary of Transportation, and the Administrator of the Federal Aviation Administration additional reports and recommendations as the Committee determines appropriate. (d) Review of recommendations Not later than 60 days after the date on which the Secretary of Transportation receives a report from the Committee under subsection (c)(2), the Secretary shall submit to Congress a report that indicates— (1) which recommendations of the Committee contained in such report that the Secretary implemented; and (2) which such recommendations the Secretary did not implement (including any recommendations for legislation) and a rationale for that determination. (e) Non-Application of FACA termination requirement Section 1013 of title 5, United States Code, shall not apply to the Committee.

Promoting Women in Aviation Act

Federal Reserve Accountability Act of 2023 This bill changes the appointment of certain officials to the of Board of Governors of the Federal Reserve System and makes other changes to the operation of the board and Federal Reserve banks. Specifically, the bill requires the President to appoint a general counsel for the board with the advice and consent of the Senate; requires the President, rather than each bank's board of directors, to appoint presidents of Federal Reserve banks; reduces the number of Federal Reserve districts from 12 to 5; allows the President to appoint two members to the board from any one Federal Reserve district; and prohibits the use of any board or Federal Reserve bank funds for lobbying activities.

118 S1155 IS: Federal Reserve Accountability 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. 1155 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Tillis Ms. Lummis Mr. Cruz Mr. Cramer Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Reserve Act to provide greater accountability to the Federal Reserve System, and for other purposes. 1. Short title This Act may be cited as the Federal Reserve Accountability Act of 2023 2. Appointment of general counsel Subsection (l) of section 11 of the Federal Reserve Act ( 12 U.S.C. 248 The President shall appoint a general counsel for the Board, by and with the advice and consent of the Senate. Sections 3345 through 3349b of title 5, United States Code, shall not apply to the general counsel. 3. Appointment of Federal Reserve bank presidents (a) In general The fifth paragraph of the fourth unenumerated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 341 (1) in the first sentence, by striking a president, vice presidents, vice presidents (2) in the second sentence, by striking Class B and Class C directors of the bank, with the approval of the Board of Governors of the Federal Reserve System President of the United States, by and with the advice and consent of the Senate (3) by striking the third sentence and inserting The first vice president of the bank shall be appointed by the Class B and Class C board of directors of the bank for a term of 5 years, and shall, in the absence or disability of the president or during a vacancy in the office of the president, serve as chief executive officer of the bank, until a nominee for president is confirmed by the Senate or the President of the United States appoints an acting president under sections 3345 through 3349b of title 5, United States Code. (4) in the fourth sentence, by striking the president or (5) by inserting A president may continue to serve after the expiration of the term of office to which the president was appointed until the earlier of the date on which a successor has been appointed and qualified, the date on which the next session of Congress subsequent to the expiration of such term expires, or the date on which the President of the United States removes the president. No appointed president shall serve more than a total of 10 years, not including any such continuation in service. (6) by inserting The president shall have their primary residence and principal place of business located in that Federal Reserve district for not fewer than 4 years before the date on which the President nominates the individual to be president of the Federal Reserve bank for that Federal Reserve district. (b) Suspension or removal of officers Section 11(f) of the Federal Reserve Act ( 12 U.S.C. 248(f) (except the president) reserve bank (c) Applicability Sections 3345 through 3349b of title 5, United States Code, shall apply to presidents of Federal Reserve banks in the same manner as officers of Executive agencies. 4. Federal reserve districts (a) In general Section 2 of the Federal Reserve Act ( 12 U.S.C. 222 The continental United States shall be divided into 5 Federal Reserve districts. The First Federal Reserve District shall be composed of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, New Jersey, Delaware, the Commonwealth of Puerto Rico, and the United States Virgin Islands, with the city of New York, New York, as the location of the Federal Reserve bank. The Second Federal Reserve District shall be composed of Ohio, West Virginia, Virginia, Maryland, Michigan, Indiana, Kentucky, Illinois, Wisconsin, Minnesota, and the District of Columbia, with the city of Cleveland, Ohio, as the location of the Federal Reserve bank. The Third Federal Reserve District shall be composed of Missouri, Kansas, Oklahoma, Colorado, Wyoming, Nebraska, Iowa, North Dakota, South Dakota, and Montana, with the city of Kansas City, Missouri, as the location of the Federal Reserve bank. The Fourth Federal Reserve District shall be composed of Texas, Arkansas, Louisiana, Mississippi, Alabama, Tennessee, Georgia, North Carolina, South Carolina, and Florida, with the city of Dallas, Texas, as the location of the Federal Reserve bank. The Fifth Federal Reserve District shall be composed of California, Oregon, Washington, Alaska, Hawaii, Idaho, Nevada, Utah, Arizona, New Mexico, Guam, American Samoa, and the Northern Mariana Islands, with the city of San Francisco, California, as the location of the Federal Reserve bank. Every national bank in any State shall, upon commencing business, become a member bank of the Federal Reserve System by subscribing and paying for stock in the Federal Reserve bank of its district in accordance with the provisions of this Act and shall thereupon be an insured bank under the Federal Deposit Insurance Act, and failure to do so shall subject such bank to the penalty provided by the sixth paragraph of this section. . (b) Federal Open Market Committee Section 12A of the Federal Reserve Act ( 12 U.S.C. 263 (a) There is hereby created a Federal Open Market Committee (hereinafter referred to as the Committee . (c) Technical and conforming amendments (1) Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 (2) The third undesignated paragraph of section 16 of the Federal Reserve Act ( 12 U.S.C. 413 twelve 5 5. Board of Governors of the Federal Reserve System The first undesginated paragraph of section 10 of the Federal Reserve Act ( 12 U.S.C. 241 (1) in the second sentence, by striking one of whom shall be selected from 2 of whom may be residents of (2) by inserting In this paragraph, the term resident of any one Federal Reserve district 6. Lobbying with moneys The Federal Reserve Act is amended by inserting after section 15 ( 12 U.S.C. 391 et seq. 15A. Lobbying with moneys No part of the income, interest, fees, money, or other funds of the Board of Governors of the Federal Reserve System or any Federal Reserve bank shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the Federal Reserve System from communicating to any such Member or official, at his request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31, United States Code. .

Federal Reserve Accountability Act of 2023

Native American Entrepreneurial and Opportunity Act of 2023 This bill provides statutory authority for the establishment of the Office of Native American Affairs within the Small Business Administration (SBA). The office must establish a working relationship with Indian tribes and Native Hawaiian organizations by targeting SBA programs relating to entrepreneurial development, contracting, and capital access to revitalize Native businesses and economic development in Indian country.

118 S1156 IS: Native American Entrepreneurial and Opportunity 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. 1156 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Hickenlooper Ms. Lummis Ms. Hirono Mr. Mullin Committee on Small Business and Entrepreneurship A BILL To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. 1. Short title This Act may be cited as the Native American Entrepreneurial and Opportunity Act of 2023 2. Office of Native American Affairs The Small Business Act ( 15 U.S.C. 631 et seq. (1) by redesignating section 49 ( 15 U.S.C. 631 (2) by inserting after section 48 ( 15 U.S.C. 657u 49. Office of Native American Affairs (a) Definitions In this section: (1) Associate Administrator The term Associate Administrator (2) Indian Tribe The term Indian Tribe Indian tribe (3) Native Hawaiian Organization The term Native Hawaiian Organization (4) Office The term Office (b) Establishment (1) In general There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize Native businesses and economic development in Indian country. (2) Connection with other programs To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). (3) Field offices The Office may establish field offices within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office. (c) Associate Administrator The Office shall be headed by an Associate Administrator for Native American Affairs, who shall— (1) be appointed by and report to the Administrator; (2) have knowledge of Native American cultures and experience providing culturally tailored small business development assistance to Native Americans; (3) carry out the program to provide assistance to Indian Tribes and Native Hawaiian Organizations and small business concerns owned and controlled by individuals who are members of those groups; (4) administer and manage Native American outreach expansion; (5) enhance assistance to Native Americans by formulating and promoting policies, programs, and assistance that better address their entrepreneurial, capital access, business development, and contracting needs, and collaborate with other Associate Administrators and intergovernmental leaders with similar missions across Federal agencies on the development of policies and plans to implement new programs of the Administration, while supplementing existing Federal programs to holistically serve those needs; (6) act as an ombudsman for Native Americans for programs of the Administration; (7) provide grants, contracts, cooperative agreements, or other financial assistance to Indian Tribes and Native Hawaiian Organizations, or to private nonprofit organizations governed by members of those entities, that have the experience and capability to— (A) deploy training, counseling, workshops, educational outreach, and supplier events; and (B) access the entrepreneurial, capital, and contracting programs of the Administration, including the Community Navigator pilot program; (8) assist the Administrator in conducting, or conduct, Tribal consultation to solicit input and facilitate discussion of potential modifications to programs and procedures of the Administration; and (9) recommend annual budgets for the Office. (d) Authorization of appropriations There is authorized to be appropriated to the Office such sums as may be necessary for each of fiscal years 2024 through 2028 to carry out this section. .

Native American Entrepreneurial and Opportunity Act of 2023

MicroCap Small Business Investing Act of 2023 This bill authorizes the Small Business Administration (SBA) to issue up to ten Small Business Investment Company (SBIC) licenses each year to certain applicants. An SBIC is a privately owned company, licensed and regulated by the SBA, which invests in small businesses through debt and equity. A license issued under the bill must be awarded to an applicant that would otherwise be issued a license except that the management of the applicant does not satisfy certain qualification requirements such as investment experience; where the fund managers have a documented record of successful business experience, a record of business management success, or knowledge in the particular industry or business in which the investment strategy is being pursued; and that will make at least 25% of its investments in specified areas and businesses (e.g., low-income communities, businesses owned or controlled by individuals in underserved communities, and rural areas). The SBA must prioritize applicants that are located in states with fewer licenses and establish a streamlined application process for those licenses.

118 S1157 IS: MicroCap Small Business Investing 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. 1157 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Hickenlooper Mr. Risch Ms. Cortez Masto Committee on Small Business and Entrepreneurship A BILL To establish a MicroCap small business investment company designation, and for other purposes. 1. Short title This Act may be cited as the MicroCap Small Business Investing Act of 2023 2. MicroCap small business investment company designation (a) In general Title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. (1) in section 301(c) ( 15 U.S.C. 681(c) (5) MicroCap small business investment company license (A) In general Notwithstanding any other provision of law, the Administrator may approve an application and issue not more than 10 licenses annually under this subsection with respect to any applicant— (i) that would otherwise be issued a license under this subsection, except that the management of the applicant does not satisfy the qualification requirements under paragraph (3)(A)(ii) to the extent that such requirements relate to investment experience and track record, including any such requirements further set forth in section 107.305 of title 13, Code of Federal Regulations, or any successor regulation; (ii) for which the fund managers have— (I) a documented record of successful business experience; (II) a record of business management success; or (III) knowledge in the particular industry or business in which the investment strategy is being pursued; and (iii) that, in addition to any other requirement applicable to the applicant under this title or the rules issued to carry out this title (including section 121.301(c)(2) of title 13, Code of Federal Regulations, or any successor regulation), will make not less than 25 percent of its investments in— (I) low-income communities, as that term is defined in section 45D(e) (II) a community that has been designated as a qualified opportunity zone under section 1400Z–1 (III) businesses primarily engaged in research and development; (IV) manufacturers; (V) businesses primarily owned or controlled by individuals in underserved communities before receiving capital from the applicant; and (VI) rural areas, as that term is defined by the Bureau of the Census. (B) Priority; streamlined process With respect to an application for a license pursuant to this paragraph, the Administrator shall— (i) give priority to an applicant for such a license that is located in an underlicensed State; and (ii) establish a streamlined process for applicants submitting such an application. (C) Timing for issuance of license Notwithstanding paragraph (2), with respect to an application for a license submitted to the Administrator pursuant to this paragraph, the Administrator shall— (i) not later than 60 days after the date on which the application is submitted to the Administrator, process and provide complete feedback with respect to any pre-license application requirements applicable to the applicant; (ii) not restrict the submission of any application materials; and (iii) not later than 90 days after the date on which the application is submitted to the Administrator— (I) approve the application and issue a license for such operation to the applicant, if the requirements for the license are satisfied; or (II) based upon facts in the record— (aa) disapprove the application; and (bb) provide the applicant with— (AA) a clear, written explanation of the reason for the disapproval; and (BB) a chance to remedy any issues with the application and immediately reapply, with technical assistance provided as needed and a new determination made by the Administrator not later than 30 days after the date on which the applicant re-submits the application. (D) Leverage A company licensed pursuant to this paragraph shall— (i) not be eligible to receive leverage in an amount that is more than $25,000,000; and (ii) access leverage in an amount that is not more than 100 percent of the private capital of the applicant. (E) Investment committee (i) In general Each company licensed pursuant to this paragraph shall have not fewer than 2 independent members on the investment committee of the company in a manner that complies with the following requirements: (I) The independent members of the investment committee are or have been licensed managers of small business investment companies within the preceding 10-year period. (II) No small business investment company described in subclause (I) may be adversely affected by the relationship of the independent members of the investment committee with the company licensed pursuant to this paragraph. (III) The independent members of the investment committee are required to approve each investment made by the company. (IV) The independent members of the investment committee shall not be paid a management fee, but may receive paid expenses and a portion of any carried interest. (ii) Leverage limits Any leverage associated with a company licensed pursuant to this paragraph shall not be counted toward the leverage limits of the independent members of the investment committee of the company under this title. ; and (2) in section 303(d) ( 15 U.S.C. 683(d) (or, with respect to a company licensed under section 301(c)(5), 50 percent) 25 percent (b) SBA requirements (1) Definitions In this subsection— (A) the term Administrator (B) the term covered company 15 U.S.C. 681(c) (2) Rules Not later than 90 days after the date of enactment of this Act, the Administrator shall issue rules to carry out this section and the amendments made by this section. (3) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall publicly publish a report that details, for the year covered by the report— (A) the number of covered companies licensed by the Administrator; (B) the industries in which covered companies have invested; (C) the geographic locations of covered companies; and (D) the aggregate performance of covered companies.

MicroCap Small Business Investing Act of 2023

Health Savings Act of 2023 This bill modifies the requirements for health savings accounts (HSAs) to rename high deductible health plans as HSA-qualified health plans; allow spouses who have both attained age 55 to make catch-up contributions to the same HSA; make Medicare Part A (hospital insurance benefits) beneficiaries eligible to participate in an HSA; allow individuals eligible for hospital care or medical services under a program of the Indian Health Service or a tribal organization to participate in an HSA; allow members of a health care sharing ministry to participate in an HSA; allow individuals who receive primary care services in exchange for a fixed periodic fee or payment, or who receive health care benefits from an on-site medical clinic of an employer, to participate in an HSA; include amounts paid for prescription and over-the-counter medicines or drugs as qualified medical expenses for which distributions from an HSA or other tax-preferred savings accounts may be used; increase the limits on HSA contributions to match the sum of the annual deductible and out-of-pocket expenses permitted under a high deductible health plan; and allow HSA distributions to be used to purchase health insurance coverage. The bill also (1) exempts HSAs from creditor claims in bankruptcy, and (2) reauthorizes Medicaid health opportunity accounts. The bill allows a medical care tax deduction for (1) exercise equipment, physical fitness programs, and membership at a fitness facility; (2) nutritional and dietary supplements; and (3) periodic fees paid to a primary care physician and amounts paid for pre-paid primary care services.

118 S1158 IS: Health Savings 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. 1158 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Rubio Mr. Scott of South Carolina Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to improve access to health care through expanded health savings accounts, and for other purposes. 1. Short title, etc (a) Short title This Act may be cited as the Health Savings Act of 2023 (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents is as follows: Sec. 1. Short title, etc. TITLE I—Renaming high deductible health plans Sec. 101. High deductible health plans renamed HSA-qualified health plans. TITLE II—Enhancing access to tax-preferred health accounts Sec. 201. Allow both spouses to make catch-up contributions to the same HSA account. Sec. 202. Provisions relating to Medicare. Sec. 203. Individuals eligible for Indian Health Service assistance. Sec. 204. Members of health care sharing ministries eligible to establish health savings accounts. Sec. 205. Treatment of direct primary care service arrangements. Sec. 206. Individuals eligible for on-site medical clinic coverage. Sec. 207. Treatment of embedded deductibles. TITLE III—Improving coverage under tax-preferred health accounts Sec. 301. Purchase of health insurance from HSA account. Sec. 302. Special rule for certain medical expenses incurred before establishment of account. Sec. 303. Preventive care prescription drug clarification. TITLE IV—Miscellaneous provisions relating to tax-preferred health accounts Sec. 401. FSA and HRA interaction with HSAs. Sec. 402. Equivalent bankruptcy protections for health savings accounts as retirement funds. Sec. 403. Administrative error correction before due date of return. Sec. 404. Reauthorization of Medicaid health opportunity accounts. Sec. 405. Maximum contribution limit to health savings account increased to amount of deductible and out-of-pocket limitation. TITLE V—Other provisions Sec. 501. Certain exercise equipment and physical fitness programs treated as medical care. Sec. 502. Certain nutritional and dietary supplements to be treated as medical care. Sec. 503. Certain provider fees to be treated as medical care. I Renaming high deductible health plans 101. High deductible health plans renamed HSA-qualified health plans (a) In general Section 223 high deductible health plan HSA-qualified health plan (b) Conforming amendments (1) The heading for paragraph (2) of section 223(c) High deductible health plan HSA-qualified health plan (2) Section 408(d)(9) (A) by striking high deductible health plan HSA-qualified health plan (B) by striking High deductible health plan HSA-qualified health plan (3) Section 106(e) (A) by striking High deductible health plan HSA-qualified health plan (B) by striking high deductible health plan HSA-qualified health plan II Enhancing access to tax-preferred health accounts 201. Allow both spouses to make catch-up contributions to the same HSA account (a) In general Paragraph (5) of section 223(b) (5) Special rule for married individuals with family coverage (A) In general In the case of individuals who are married to each other, if both spouses are eligible individuals and either spouse has family coverage under an HSA-qualified health plan as of the first day of any month— (i) the limitation under paragraph (1) shall be applied by not taking into account any other HSA-qualified health plan coverage of either spouse (and if such spouses both have family coverage under separate HSA-qualified health plans, only one such coverage shall be taken into account), (ii) such limitation (after application of clause (i)) shall be reduced by the aggregate amount paid to Archer MSAs of such spouses for the taxable year, and (iii) such limitation (after application of clauses (i) and (ii)) shall be divided equally between such spouses unless they agree on a different division. (B) Treatment of additional contribution amounts If both spouses referred to in subparagraph (A) have attained age 55 before the close of the taxable year, the limitation referred to in subparagraph (A)(iii) which is subject to division between the spouses shall include the additional contribution amounts determined under paragraph (3) for both spouses. In any other case, any additional contribution amount determined under paragraph (3) shall not be taken into account under subparagraph (A)(iii) and shall not be subject to division between the spouses. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 202. Provisions relating to Medicare (a) Individuals over age 65 only enrolled in Medicare Part A Paragraph (7) of section 223(b) This paragraph shall not apply to any individual during any period for which the individual's only entitlement to such benefits is an entitlement to hospital insurance benefits under part A of title XVIII of such Act pursuant to an enrollment for such hospital insurance benefits under section 226(a) of such Act. (b) Medicare beneficiaries participating in Medicare advantage MSA may contribute their own money to their MSA Subsection (b) of section 138 (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 203. Individuals eligible for Indian Health Service assistance (a) In general Paragraph (1) of section 223(c) (E) Special rule for individuals eligible for assistance under Indian Health Service programs For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives hospital care or medical services under a medical care program of the Indian Health Service or of a tribal organization. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 204. Members of health care sharing ministries eligible to establish health savings accounts (a) In general Section 223 (i) Application to health care sharing ministries For purposes of this section, membership in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall be treated as coverage under an HSA-qualified health plan. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 205. Treatment of direct primary care service arrangements (a) In general Section 223(c) (6) Treatment of direct primary care service arrangements An arrangement under which an individual is provided coverage restricted to primary care services in exchange for a fixed periodic fee or payment for primary care services— (A) shall not be treated as a health plan for purposes of paragraph (1)(A)(ii), and (B) shall not be treated as insurance for purposes of subsection (d)(2)(B). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 206. Individuals eligible for on-site medical clinic coverage (a) In general Paragraph (1) of section 223(c), as amended by sections 203, is amended by adding at the end the following new subparagraph: (F) Special rule for individuals eligible for on-site medical clinic coverage (i) In general For purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual is eligible to receive health care benefits from an on-site medical clinic of employer of the individual or the individual's spouse if such health care benefits are not significant benefits. (ii) Included benefits For purposes of clause (i), the following health care benefits shall be considered to be benefits which are not significant benefits: (I) Physicals and immunizations. (II) Injecting antigens provided by employees. (III) Medications available without a prescription, such as pain relievers and antihistamines. (IV) Treatment for injuries occurring at the employer's place of employment or otherwise in the course of employment. (V) Tests for infectious diseases and conditions, such as streptococcal sore throat. (VI) Monitoring of chronic conditions, such as diabetes. (VII) Drug testing. (VIII) Hearing or vision screenings and related services. (IX) Other services and treatments of a similar nature to the services described in subclauses (I) through (VIII). (iii) Aggregation rules For purposes of clause (i), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 207. Treatment of embedded deductibles (a) In general Paragraph (2) of section 223(c) (H) Treatment of embedded deductible A health plan providing family coverage that has an annual deductible for all covered individuals under the plan of at least the amount described in subparagraph (A)(i)(II) shall not fail to be treated as an HSA-qualified health plan solely because it covers expenses with respect to an individual under that plan that exceed an embedded deductible which is equal to or in excess of the amount described in subparagraph (A)(i)(I). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. III Improving coverage under tax-preferred health accounts 301. Purchase of health insurance from HSA account (a) In general Paragraph (2) of section 223(d) (1) by striking and any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual, and any child (as defined in section 152(f)(1)) of such individual who has not attained the age of 27 before the end of such individual's taxable year (2) by striking subparagraph (B) and inserting the following: (B) Health insurance may not be purchased from account Except as provided in subparagraph (C), subparagraph (A) shall not apply to any payment for insurance. ; and (3) by striking or (iv) an HSA-qualified health plan, or (v) any health insurance under title XVIII of the Social Security Act, other than a Medicare supplemental policy (as defined in section 1882 of such Act). . (b) Effective date The amendments made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date. 302. Special rule for certain medical expenses incurred before establishment of account (a) In general Paragraph (2) of section 223(d) (E) Treatment of certain medical expenses incurred before establishment of account If a health savings account is established during the 60-day period beginning on the date that coverage of the account beneficiary under an HSA-qualified health plan begins, then, solely for purposes of determining whether an amount paid is used for a qualified medical expense, such account shall be treated as having been established on the date that such coverage begins. . (b) Effective date The amendment made by this section shall apply with respect to coverage beginning after the date of the enactment of this Act. 303. Preventive care prescription drug clarification (a) Clarify use of drugs in preventive care Subparagraph (C) of section 223(c)(2) Preventive care shall include prescription and over-the-counter drugs and medicines which have the primary purpose of preventing the onset of, further deterioration from, or complications associated with chronic conditions, illnesses, or diseases. (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2023. IV Miscellaneous provisions relating to tax-preferred health accounts 401. FSA and HRA interaction with HSAs (a) Eligible individuals include FSA and HRA participants Subparagraph (B) of section 223(c)(1) (1) by striking and (2) by striking the period at the end of clause (iii) and inserting , and (3) by inserting after clause (iii) the following new clause: (iv) coverage under a health flexible spending arrangement or a health reimbursement arrangement in the plan year a qualified HSA distribution as described in section 106(e) is made on behalf of the individual if, after the qualified HSA distribution is made and for the remaining duration of the plan year, the coverage provided under the arrangement is converted solely to one or more of the following: (I) Post-deductible FSA or HRA A health flexible spending arrangement or a health reimbursement arrangement that does not pay or reimburse any medical expense incurred before the minimum annual deductible under paragraph (2)(A)(i) (prorated for the period occurring after the qualified HSA distribution is made) is satisfied. (II) Preventative care A health flexible spending arrangement or a health reimbursement arrangement that, after the qualified HSA distribution is made, does not pay or reimburse any medical expense incurred after the qualified HSA distribution is made other than preventive care as defined in paragraph (2)(C). (III) Limited purpose health FSA A health flexible spending arrangement that, after the qualified HSA distribution is made, pays or reimburses benefits for coverage described in clause (ii) (but not through insurance or for long-term care services). (IV) Limited purpose HRA A health reimbursement arrangement that, after the qualified HSA distribution is made, pays or reimburses benefits for permitted insurance or coverage described in clause (ii) (but not for long-term care services). (V) Retirement HRA A health reimbursement arrangement that, after the qualified HSA distribution is made, pays or reimburses only those medical expenses incurred after an individual’s retirement (and no expenses incurred before retirement). (VI) Suspended HRA A health reimbursement arrangement that, after the qualified HSA distribution is made, is suspended, pursuant to an election made on or before the date the individual elects a qualified HSA distribution or, if later, on the date of the individual enrolls in an HSA-qualified health plan, that does not pay or reimburse, at any time, any medical expense incurred during the suspension period except as described in the preceding subclauses of this clause. . (b) Qualified HSA distribution shall not affect flexible spending arrangement Paragraph (1) of section 106(e) (1) In general A plan shall not fail to be treated as— (A) a health flexible spending arrangement under this section, section 105, or section 125, (B) a health reimbursement arrangement under this section or section 105, or (C) an accident or health plan, merely because such plan provides for a qualified HSA distribution. . (c) FSA balances at year end shall not forfeit Paragraph (2) of section 125(d) (E) Exception for qualified HSA distributions Subparagraph (A) shall not apply to the extent that there is an amount remaining in a health flexible spending account at the end of a plan year that an individual elects to contribute to a health savings account pursuant to a qualified HSA distribution (as defined in section 106(e)(2)). . (d) Simplification of limitations on FSA and HRA rollovers Paragraph (2) of section 106(e) (2) Qualified HSA distribution (A) In general The term qualified HSA distribution (i) the balance in such arrangement as of the date of such distribution, or (ii) the amount determined under subparagraph (B). Such term shall not include more than 1 distribution with respect to any arrangement. (B) Dollar limitations (i) Distributions from a health flexible spending arrangement A qualified HSA distribution from a health flexible spending arrangement shall not exceed the applicable amount. (ii) Distributions from a health reimbursement arrangement A qualified HSA distribution from a health reimbursement arrangement shall not exceed— (I) the applicable amount divided by 12, multiplied by (II) the number of months during which the individual is a participant in the health reimbursement arrangement. (iii) Applicable amount For purposes of this subparagraph, the applicable amount is— (I) $2,250 in the case of an eligible individual who has self-only coverage under an HSA-qualified health plan at the time of such distribution, and (II) $4,500 in the case of an eligible individual who has family coverage under an HSA-qualified health plan at the time of such distribution. . (e) Elimination of additional tax for failure To maintain HSA-Qualified health plan coverage Subsection (e) of section 106 section 101, (1) by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively, and (2) by striking subparagraph (A) of paragraph (3), as so redesignated, and redesignating subparagraphs (B) and (C) of such paragraph as subparagraphs (A) and (B) thereof, respectively. (f) Limited purpose FSAs and HRAs Subsection (e) of section 106 (5) Limited purpose FSAs and HRAs A plan shall not fail to be a health flexible spending arrangement, a health reimbursement arrangement, or an accident or health plan under this section or section 105 merely because the plan converts coverage for individuals who enroll in an HSA-qualified health plan described in section 223(c)(2) to coverage described in subclause (I), (II), (III), (IV), (V), or (VI) of section 223(c)(1)(B)(iv). Coverage for such individuals may be converted as of the date of enrollment in the HSA-qualified health plan, without regard to the period of coverage under the health flexible spending arrangement or health reimbursement arrangement, and without requiring any change in coverage to individuals who do not enroll in an HSA-qualified health plan. . (g) Distribution amounts adjusted for cost-of-Living Subsection (e) of section 106 (6) Cost-of-living adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2024, each of the dollar amounts in paragraph (2)(B)(iii) shall be increased by an amount equal to such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 2023 calendar year 2016 (B) Rounding If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. . (h) Disclaimer of disqualifying coverage Subparagraph (B) of section 223(c)(1), as amended by this section, is amended— (1) by striking and (2) by striking the period at the end of clause (iv) and inserting , and (3) by inserting after clause (iv) the following new clause: (v) any coverage (including prospective coverage) under a health plan that is not an HSA-qualified health plan which is disclaimed in writing, at the time of the creation or organization of the health savings account, including by execution of a trust described in subsection (d)(1) through a governing instrument that includes such a disclaimer, or by acceptance of an amendment to such a trust that includes such a disclaimer. . (i) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 402. Equivalent bankruptcy protections for health savings accounts as retirement funds (a) In general Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: (r) Treatment of health savings accounts For purposes of this section, any health savings account (as described in section 223 . (b) Effective date The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act. 403. Administrative error correction before due date of return (a) In general Paragraph (4) of section 223(f) (D) Exception for administrative errors corrected before due date of return Subparagraph (A) shall not apply if any payment or distribution is made to correct an administrative, clerical, or payroll contribution error and if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 404. Reauthorization of Medicaid health opportunity accounts (a) In general Section 1938 of the Social Security Act ( 42 U.S.C. 1396u–8 (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) Initial demonstration The Secretary shall approve States to conduct demonstration programs under this section for a 5-year period, with each State demonstration program covering one or more geographic areas specified by the State. With respect to a State, after the initial 5-year period of any demonstration program conducted under this section by the State, unless the Secretary finds, taking into account cost-effectiveness and quality of care, that the State demonstration program has been unsuccessful, the demonstration program may be extended or made permanent in the State. ; and (B) in paragraph (3), in the matter preceding subparagraph (A)— (i) by striking not (ii) by striking unless if (2) in subsection (b)— (A) in paragraph (3), by inserting clause (i) through (vii), (viii) (without regard to the amendment made by section 2004(c)(2) of Public Law 111–148 described in (B) by striking paragraphs (4), (5), and (6); (3) in subsection (c)— (A) by striking paragraphs (3) and (4); (B) by redesignating paragraphs (5) through (8) as paragraphs (3) through (6), respectively; and (C) in paragraph (4) (as redesignated by subparagraph (B)), by striking Subject to subparagraphs (D) and (E) Subject to subparagraph (D) (4) in subsection (d)— (A) in paragraph (2), by striking subparagraph (E); and (B) in paragraph (3)— (i) in subparagraph (A)(ii), by striking Subject to subparagraph (B)(ii), in In (ii) by striking subparagraph (B) and inserting the following: (B) Maintenance of health opportunity account after becoming ineligible for public benefit Notwithstanding any other provision of law, if an account holder of a health opportunity account becomes ineligible for benefits under this title because of an increase in income or assets— (i) no additional contribution shall be made into the account under paragraph (2)(A)(i); and (ii) the account shall remain available to the account holder for 3 years after the date on which the individual becomes ineligible for such benefits for withdrawals under the same terms and conditions as if the account holder remained eligible for such benefits, and such withdrawals shall be treated as medical assistance in accordance with subsection (c)(4). . (b) Conforming amendment Section 613 of Public Law 111–3 405. Maximum contribution limit to health savings account increased to amount of deductible and out-of-pocket limitation (a) Self-Only coverage Section 223(b)(2)(A) $2,250 the amount in effect under subsection (c)(2)(A)(ii)(I) (b) Family Coverage Section 223(b)(2)(B) $4,500 the amount in effect under subsection (c)(2)(A)(ii)(II) (c) Conforming Amendments Section 223(g)(1) (1) by striking subsections (b)(2) and subsection (2) by striking determined by calendar year 2003 determined by substituting calendar year 2003 calendar year 2016 (d) Effective Date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. V Other provisions 501. Certain exercise equipment and physical fitness programs treated as medical care (a) In general Subsection (d) of section 213 (12) Exercise equipment and physical fitness activity (A) In general The term medical care (i) for equipment for use in a program (including a self-directed program) of physical exercise or physical activity, (ii) to participate, or receive instruction, in a program of physical exercise, nutrition, or health coaching (including a self-directed program), and (iii) for membership at a fitness facility. (B) Overall dollar limitation (i) In general Amounts treated as medical care under subparagraph (A) shall not exceed $1,000 with respect to any individual for any taxable year. (ii) Exception Clause (i) shall not apply for purposes of determining whether expenses reimbursed through a health flexible spending arrangement subject to section 125(i)(1) are incurred for medical care. (C) Limitations related to sports and fitness equipment Amounts paid for equipment described in subparagraph (A)(i) shall be treated as medical care only— (i) if such equipment is utilized exclusively for participation in fitness, exercise, sport, or other physical activity programs, (ii) if such equipment is not apparel or footwear, and (iii) in the case of any item of sports equipment (other than exercise equipment), with respect to so much of the amount paid for such item as does not exceed $250. (D) Fitness facility defined For purposes of subparagraph (A)(iii), the term fitness facility (i) providing instruction in a program of physical exercise, offering facilities for the preservation, maintenance, encouragement, or development of physical fitness, or serving as the site of such a program of a State or local government, (ii) which is not a private club owned and operated by its members, (iii) which does not offer golf, hunting, sailing, or riding facilities, (iv) whose health or fitness facility is not incidental to its overall function and purpose, and (v) which is fully compliant with the State of jurisdiction and Federal anti-discrimination laws. . (b) Limitation not To apply for certain purposes (1) Health savings accounts Subparagraph (A) of section 223(d)(2) , determined without regard to paragraph (12)(B) thereof medical care (as defined in section 213(d) (2) Archer MSAs Subparagraph (A) of section 220(d)(2) , determined without regard to paragraph (12)(B) thereof medical care (as defined in section 213(d) (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 502. Certain nutritional and dietary supplements to be treated as medical care (a) In general Subsection (d) of section 213 section 501, (13) Nutritional and dietary supplements (A) In general The term medical care (B) Limitation Amounts treated as medical care under subparagraph (A) shall not exceed $1,000 with respect to any individual for any taxable year. (C) Meal replacement product For purposes of this paragraph, the term meal replacement product (i) is permitted to bear labeling making a claim described in section 403(r)(3) of the Federal Food, Drug, and Cosmetic Act, and (ii) is permitted to claim under such section that such product is low in fat and is a good source of protein, fiber, and multiple essential vitamins and minerals. (D) Exception Subparagraph (B) shall not apply for purposes of determining whether expenses reimbursed through a health flexible spending arrangement subject to section 125(i)(1) are incurred for medical care. . (b) Limitation not To apply for certain purposes (1) Health savings accounts Subparagraph (A) of section 223(d)(2), as amended by section 501, paragraph (12)(B) paragraphs (12)(B) and (13)(B) (2) Archer MSAs Subparagraph (A) of section 220(d)(2), as amended by section 501, paragraph (12)(B) paragraphs (12)(B) and (13)(B) (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 503. Certain provider fees to be treated as medical care (a) In general Subsection (d) of section 213 (14) Periodic provider fees The term medical care (A) periodic fees paid to a primary care physician for a defined set of medical services or the right to receive medical services on an as-needed basis, and (B) pre-paid primary care services designed to screen for, diagnose, cure, mitigate, treat, or prevent disease and promote wellness. . (b) Exception for flexible spending accounts Section 125 (k) Special rule with respect to health flexible spending arrangements For purposes of applying this with respect to any health flexible spending arrangement, amounts described in section 213(d)(14) shall not be considered insurance. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Health Savings Act of 2023

The Hurricanes of 2022 Disaster Relief Rectification Act The bill rescinds certain unobligated disaster relief funds that were provided by the Disaster Relief Supplemental Appropriations Act, 2023 and provides additional funding to assist states, territories, and federal facilities impacted by Hurricanes Fiona, Ian, or Nicole. The bill also modifies various policies and programs related to disaster assistance, including to allow certain disaster relief funds to be provided as block grants to eligible states and territories, require the Federal Emergency Management Agency (FEMA) to reimburse local governments and electric cooperatives for certain interest payments for loans related to disasters, establish a process for states to request waivers of restrictions related to the deployment of FEMA travel trailers or manufactured housing units in flood hazard areas, establish a pilot program under which FEMA may make grants to Florida for elevating structures located in areas that have special flood hazards or in other areas of flood risk, and require the Department of Agriculture to make specified revisions to the regulations for the Emergency Watershed Protection Program.

118 S116 IS: The Hurricanes of 2022 Disaster Relief Rectification Act 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. 116 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Rubio Mr. Scott of Florida Committee on Appropriations A BILL To amend the Disaster Relief Supplemental Appropriations Act, 2023 to improve disaster relief funding, and for other purposes. 1. Short title This Act may be cited as the The Hurricanes of 2022 Disaster Relief Rectification Act 2. Disaster Relief Supplemental Appropriations Act, 2023 Amendments (a) Department of Agriculture Title I of the Disaster Relief Supplemental Appropriations Act, 2023 (division N of Public Law 117–328 Office of the Secretary Processing, Research and Marketing AGRICULTURAL PROGRAMS DEPARTMENT OF AGRICULTURE : Provided further (b) Fisheries disaster assistance Title II of the Disaster Relief Supplemental Appropriations Act, 2023 (division N of Public Law 117–328 Fisheries disaster assistance National Oceanic and Atmospheric Administration Department of Commerce : Provided further (c) National Aeronautics and Space Administration Title II of the Disaster Relief Supplemental Appropriations Act, 2023 (division N of Public Law 117–328 Construction and environmental compliance and restoration National Aeronautics and Space Administration Science For an additional amount for Construction and Environmental Compliance and Restoration For an additional amount for Construction and Environmental Compliance and Restoration Provided 33 U.S.C. 1330 (d) Rescission of National Science Foundation funds (1) Research and related activities Of the unobligated balances of amounts made available for Research and Related Activities National Science Foundation Public Law 117–328 (2) STEM education Of the unobligated balances of amounts made available for STEM Education National Science Foundation Public Law 117–328 (e) Department of the Interior Title VII of the Disaster Relief Supplemental Appropriations Act, 2023 (division N of Public Law 117–328 (1) in the matter under the heading construction United States Fish and Wildlife Service Department of the Interior 2023 2022 (2) in the matter under the heading construction National Park Service Department of the Interior 2023 2022 (3) in the matter under the heading surveys, investigations, and research United States Geological Survey Department of the Interior 2023 2022 (4) in the matter under the heading operation of indian programs Bureau of Indian Affairs Indian Affairs Department of the Interior 2023 2022 (5) in the matter under the heading construction Bureau of Indian Affairs Indian Affairs Department of the Interior 2023 2022 (f) State and Tribal assistance grants The first paragraph under the heading State and Tribal Assistance Grants Environmental Protection Agency Public Law 117–328 shall use may use up to 3. Appropriation of rescinded funds (a) Department of Agriculture (1) Agricultural land easements There is appropriated to the Secretary of Agriculture, out of any amounts in the Treasury not otherwise appropriated, $200,000,000, to remain available until expended, for the acquisition of agricultural land easements under subtitle H of the Food Security Act of 1985 ( 16 U.S.C. 3865 et seq. (2) Emergency watershed program (A) In general There is appropriated to the Secretary of Agriculture, out of any amounts in the Treasury not otherwise appropriated, $110,000,000, to remain available until expended, to undertake emergency watershed protection measures under section 403 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2203 (B) Coastal flood risk reduction The Secretary of Agriculture may use amounts appropriated by subparagraph (A) to reduce flood risk in a coastal community by removing sediment or other impediments from a canal or canal system. (b) Department of Commerce (1) Operations, research, and facilities of the National Oceanic and Atmospheric Administration In addition to amounts otherwise available, there is appropriated to the National Oceanic and Atmospheric Administration for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $30,000,000, to remain available until expended, for Operations, Research, and Facilities (A) expenses related to the consequences of Hurricanes Fiona, Ian, and Nicole; and (B) to improve hurricane intensity and storm surge forecasting and mitigation, including through ocean observing platforms and storm surge gauges. (2) Coastal and Estuarine Land Conservation Program In addition to amounts otherwise available, there is appropriated to the Department of Commerce for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $30,162,000, to remain available until expended, to conduct the Coastal and Estuarine Land Conservation Program under section 307A of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1456–1 (3) Marine debris assessment and removal and ecosystem restoration In addition to amounts otherwise available, there is appropriated to the Department of Commerce for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $40,000,000, to remain available until expended, for marine debris assessment and removal and marine and estuarine ecosystem restoration monitoring efforts in States impacted by Hurricanes Fiona, Ian, and Nicole. (c) Corps of Engineers (1) Investigations (A) In general In addition to amounts otherwise available, there is appropriated to the Secretary of the Army, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until expended, for necessary expenses related to the completion, or initiation and completion, of high priority flood and storm damage reduction, including shore protection, studies that are authorized before, on, or after the date of enactment of this Act in States and insular areas that were impacted by Hurricane Fiona, Hurricane Ian, or Hurricane Nicole, to reduce risks from future floods and hurricanes. (B) Cost share The Federal share of the cost of a study carried out with amounts made available under this paragraph shall be 100 percent. (C) Work plan; reporting (i) Work plan Not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a detailed work plan for the funds provided under this paragraph, including— (I) a list of study locations; (II) a list of new studies selected to be initiated; (III) the total cost for all studies; (IV) the remaining cost for all ongoing studies; and (V) a schedule by fiscal year of proposed use of those funds. (ii) No deviation The Secretary of the Army shall not deviate from the work plan once the plan has been submitted to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives under clause (i). (iii) Reporting Beginning not later than 60 days after the date of enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives detailing the allocation and obligation of the funds provided under this paragraph. (2) Construction (A) In general In addition to amounts otherwise available, there is appropriated to the Secretary of the Army, out of any money in the Treasury not otherwise appropriated, $300,000,000, to remain available until expended, to construct— (i) priority flood and storm damage reduction, including shore protection, projects that are authorized before, on, or after the date of enactment of this Act; and (ii) flood and storm damage reduction, including shore protection, projects that— (I) have signed Chief’s Reports as of the date of enactment of this Act; or (II) are studied using funds made available under paragraph (1), if the Secretary of the Army determines the project to be technically feasible, economically justified, and environmentally acceptable, in States and insular areas that were impacted by Hurricane Ian, Hurricane Fiona, or Hurricane Nicole. (B) New starts The Secretary of the Army may initiate additional new construction starts with amounts made available under this paragraph. (C) Work plan; reporting (i) Work plan Not later than 60 days after the date of enactment of this Act, the Chief of Engineers shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a detailed work plan for the funds provided under this paragraph, including— (I) a list of study locations; (II) a list of new studies selected to be initiated; (III) the total cost for all studies; (IV) the remaining cost for all ongoing studies; and (V) a schedule by fiscal year of proposed use of those funds. (ii) No deviation The Secretary of the Army shall not deviate from the work plan once the plan has been submitted to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives under clause (i). (iii) Reporting Beginning not later than 60 days after the date of enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives detailing the allocation and obligation of the funds provided under this paragraph. (3) Flood control and coastal emergencies (A) In general In addition to amounts otherwise available, there is appropriated to the Secretary of the Army, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until expended, for flood control and coastal emergencies as authorized by section 5 of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 33 U.S.C. 701n (B) Full shoreline project profile restoration Amounts made available under this paragraph that are used for authorized shore protection projects shall restore those projects to the full project profile at full Federal expense. (C) Reporting Beginning not later than 60 days after the date of enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a quarterly report detailing the allocation and obligation of the amounts made available under this paragraph. (d) National Park Service In addition to amounts otherwise available, there is appropriated to the Secretary of the Interior for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $15,000,000, to remain available until expended, to carry out activities to reduce the hurricane and flood risk of a federally recognized Indian Tribe located within a flood-prone area of a unit of the National Park System, including to carry out activities to reduce the flood risk of structures contained within an area of a unit of the National Park System for which a special use permit has been provided. (e) Environmental Protection Agency In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $100,000,000 for environmental restoration and monitoring, to remain available until expended, including to carry out— (1) the National Estuary Program under section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 (2) geographic programs of the Environmental Protection Agency specified in the explanatory statement described in section 4 of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 (f) Reconstruction or rehabilitation of postal facilities In addition to amounts otherwise available, there is appropriated to the United States Postal Service for fiscal year 2023, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available until expended, for reconstruction or rehabilitation of facilities of the Postal Service that were destroyed or damaged by Hurricane Ian, Hurricane Nicole, or Hurricane Fiona. 4. General provisions (a) Reimbursement of interest payments related to public assistance (1) In general Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. 431. Reimbursement of interest payments related to public assistance (a) Definitions In this section: (1) Qualifying interest The term qualifying interest (A) the actual interest paid to a lender for such qualifying loan; and (B) the interest that would have been paid to a lender if such qualifying loan had an interest rate equal to the prime rate most recently published on the Federal Reserve Statistical Release on selected interest rates. (2) Qualifying loan The term qualifying loan (A) obtained by a local government or electric cooperative; and (B) of which not less than 90 percent of the proceeds are used to fund activities for which such local government or electric cooperative receives assistance under this Act after the date on which such loan is disbursed. (b) Financial assistance The President, acting through the Administrator of the Federal Emergency Management Agency, shall provide financial assistance to a local government or electric cooperative as reimbursement for qualifying interest. . (2) Rule of applicability Any qualifying interest (as such term is defined in section 431 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by this Act) incurred by a local government or electric cooperative in the 5 years preceding the date of enactment of this Act shall be treated as eligible for financial assistance for purposes of such section. (b) Revision of pasteurized orange juice standards (1) In general The Secretary of Health and Human Services shall— (A) not later than 30 days after the date of enactment of this Act, initiate a rulemaking process to reassess the standard of identity for pasteurized orange juice (B) not later than 120 days after the date of enactment of this Act, issue an interim final rule to amend such standard of identity for pasteurized orange juice (2) Regulation authority Nothing in this subsection shall be construed to limit the authority of the Secretary of Health and Human Services to promulgate regulations to further amend the standard of identity for pasteurized orange juice after the issuance of an interim final rule under paragraph (1)(B). (c) Army corps study authority The Secretary of the Army is authorized to conduct a feasibility study for each of the studies recommended in the report of the Corps of Engineers entitled South Atlantic Coastal Study (SACS) Main Report (d) FEMA trailer flood zone waiver Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(c)(1)(B) (v) Flood zone requirement waiver (I) In general The Governor of a State may submit to the President a request to waive any restriction relating to the deployment of travel trailers or manufactured housing units, including the prohibition on deploying travel trailers or manufactured housing units into flood hazard areas under section 206.117(b)(1)(ii)(C) of title 44, Code of Federal Regulations. . (e) Mitigation assistance pilot program (1) Definitions In this subsection: (A) Administrator The term Administrator (B) Appropriate committees of Congress The term appropriate committees of Congress (i) the Committee on Homeland Security and Governmental Affairs of the Senate; and (ii) the Committee on Transportation and Infrastructure of the House of Representatives. (C) Pilot program The term pilot program (2) Pilot program As part of the program carried out under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c (3) Matching requirement With respect to any project carried out with a grant made by the Administrator under the pilot program, the State of Florida shall match 50 percent of the grant amount. (4) Termination The pilot program shall terminate on the date that is 5 years after the date on which the Administrator establishes the pilot program under paragraph (2). (5) Report Not later than 90 days after the date on which the pilot program terminates under paragraph (4), the Administrator shall submit to the appropriate committees of Congress a report that contains— (A) findings from carrying out the pilot program; and (B) recommendations regarding whether the pilot program, or a similar program, should be made permanent. (f) Emergency Watershed Protection Program regulations revisions The Secretary of Agriculture shall issue a rule— (1) to revise section 624.9 of title 7, Code of Federal Regulations, to provide that funds must be obligated by the State Conservationist and construction completed within 365 calendar days after the date funds are committed to the State Conservationist, except for exigency situations in which case the construction must be completed within 30 days after the date the funds are committed; and (2) to revise part 624 of title 7, Code of Federal Regulations, to provide that an organization described in section 501(c)(3)

The Hurricanes of 2022 Disaster Relief Rectification Act

Financial Regulators Transparency Act of 2023 This bill makes certain disclosure and ethics requirements applicable to the Federal Reserve banks and financial regulators and changes the authority and appointment procedure of the inspector general of the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau. The bill applies to Federal Reserve banks Freedom of Information Act (FOIA) requirements, congressional FOIA request requirements, and federal records retention requirements. The bill also expands ethics-related congressional FOIA requests to apply to the Board of Governors of the Federal Reserve System, Federal Reserve banks, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Federal Housing Finance Agency. Finally, the bill requires the inspector general of the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau to be appointed by the President and confirmed by the Senate. The inspector general shall also have authority over the Federal Reserve banks. Under current law, this appointment is made by the chair of the Board of Governors of the Federal Reserve System.

118 S1160 IS: Financial Regulators Transparency 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. 1160 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Tillis Ms. Warren Mr. Rounds Ms. Sinema Mr. Hagerty Mr. Blumenthal Ms. Lummis Mr. Cruz Mr. Vance Committee on the Judiciary A BILL To provide greater transparency with respect to the financial regulatory agencies, and for other purposes. 1. Short title This Act may be cited as the Financial Regulators Transparency Act of 2023 2. Transparency of the Federal reserve banks The Federal Reserve Act is amended— (1) by redesignating sections 30 and 31 as sections 31 and 32, respectively; and (2) by inserting after section 29 ( 12 U.S.C. 504 30. Transparency of Federal reserve banks and Board of Governors (a) Application of FOIA and the Federal Records Act of 1950 to the Federal reserve banks (1) FOIA Each Federal reserve bank shall be considered an agency, as defined in subsection (f) of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act (2) Federal Records Act of 1950 Each Federal reserve bank shall be considered a Federal agency for purposes of applying the requirements under chapter 31 Federal Records Act of 1950 (b) Congressional FOIA requests for information from Federal reserve banks (1) Definitions In this subsection— (A) the term committee confidential basis (B) the term confidential supervisory information (C) the term covered Member of Congress (i) the chair and ranking member of the Committee on Banking, Housing, and Urban Affairs of the Senate; (ii) the chair and ranking member of the Subcommittee on Economic Policy of the Committee on Banking, Housing, and Urban Affairs of the Senate; (iii) the chair and ranking member of the Subcommittee on Financial Institutions and Consumer Protection of the Committee on Banking, Housing, and Urban Affairs of the Senate; (iv) the chair and ranking member of the Committee on Financial Services of the House of Representatives; (v) the chair and ranking member of the Subcommittee on Consumer Protection and Financial Institutions of the Committee on Financial Services of the House of Representatives; and (vi) the chair and ranking member of the Subcommittee on National Security, International Development and Monetary Policy of the Committee on Financial Services of the House of Representatives; (D) the term Inspector General (E) the term personnel and medical files (i) means personnel and medical files and similar files that are exempt from disclosure under section 552(b)(6) of title 5, United States Code; and (ii) does not include— (I) financial disclosure forms; or (II) performance, disciplinary, or adverse action information. (2) Authority (A) In general Subject to subparagraph (B), section 552 of title 5, United States Code, is not authority for a Federal reserve bank to withhold information from Congress or any Member of Congress. (B) Rule of construction Nothing in subparagraph (A) shall be construed to affect the authority of a Federal reserve bank to withhold from an individual Member of Congress requesting information under section 552 of title 5, United States Code— (i) information relating to monetary policy deliberations that is exempt from disclosure under section 552(b)(5) of title 5, United States Code; and (ii) except as provided in paragraph (6)— (I) confidential supervisory information, as defined in section 261.2(b) of title 12, Code of Federal Regulations, or any successor regulation, that is exempt from disclosure under section 552(b)(8) of title 5, United States Code; and (II) personnel and medical files. (3) Priority of requests from Members of Congress Any request for information from a Federal reserve bank under section 552 of title 5, United States Code, made by a Member of Congress— (A) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (B) shall be processed without charging any fee to the Member of Congress. (4) Common law privileges Notwithstanding any other provision of law, a Federal reserve bank may not withhold information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (5) Maintenance and security of materials With respect to any materials that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from a Federal reserve bank, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (A) have responsibility for the maintenance and security of those materials; and (B) ensure that— (i) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (ii) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Federal reserve bank; (iii) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (iv) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (6) Confidential supervisory information and personnel and medical files (A) Prohibition Notwithstanding subclauses (I) and (II) of paragraph (2)(B)(ii) or any other provision of law, a Federal reserve bank may not withhold information requested by a covered Member of Congress under section 552 of title 5, United States Code, on the basis that the information contains confidential supervisory information or personnel and medical files. (B) Access to information (i) In general Any covered Member of Congress and any staff member of a covered Member of Congress that receives information that contains confidential supervisory information or personnel and medical files pursuant to a request made under section 552 of title 5, United States Code, from a Federal reserve bank shall handle that information on a committee confidential basis according to the procedures described in clause (ii). (ii) Procedures (I) Maintenance and security of materials With respect to any materials containing confidential supervisory information or personnel and medical files that is received by or in the possession of a covered Member of Congress or any staff member of a covered Member of Congress under clause (i), the chief clerk of the relevant committee shall— (aa) have responsibility for the maintenance and security of those materials; and (bb) ensure that— (AA) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (BB) the materials do not leave the relevant committee; (CC) a covered Member of Congress or any staff member of a covered Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials; (DD) photocopying, scanning, or other reproduction of the materials is prohibited; and (EE) notes may be taken regarding the materials, but any notes shall be stored in safe of the chief clerk of the relevant committee and such notes shall not be taken or transmitted outside of the offices of the relevant committee. (II) Access Access to materials containing confidential supervisory information or personnel and medical files supplied to a covered Member of Congress shall be limited to those staff members of the relevant committee or subcommittee with a need-to-know, as determined by the Staff Director and Minority Staff Director of the committee. (III) Unauthorized disclosure Any disclosure of materials containing confidential supervisory information or personnel and medical files without the agreement of the chair and ranking member of the relevant committee or subcommittee of Congress to publicly disclose the information, or other violation of this subparagraph, shall constitute grounds for referral to the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable. (7) Standing Any Member of Congress who makes a request for information from a Federal reserve bank under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Federal reserve bank from withholding records of the Federal reserve bank and to order the production of any records of the Federal reserve bank improperly withheld from the Member of Congress in the same manner as any other person under that section. (c) Congressional FOIA requests for ethics-Related information from the Board of Governors and the Federal reserve banks (1) Ethics-Related information defined (A) In general Subject to subparagraph (B), in this subsection, the term ethics-related information (i) the activities of the ethics program of the Board or a Federal reserve bank; (ii) financial disclosure reports and related records; (iii) ethics agreements and related records; (iv) outside employment and activity of officers and employees of the Board or a Federal reserve bank; (v) referrals of violations of criminal conflict of interest statutes; (vi) ethics-related disciplinary records or adverse actions; (vii) ethics-related investigations, inquiries, or reviews; (viii) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Board or a Federal reserve bank; and (ix) any other ethics-related policies, procedures, practices, or program records of the Board or a Federal reserve bank, including— (I) any record relating to— (aa) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (bb) employee training and education related to any ethics-related policies, procedures, practices, or program; (cc) ethics waivers, authorizations, and approvals; (dd) non-Federally funded travel; (ee) any ethics-related annual questionnaires relating to the ethics program of the Board or a Federal reserve bank; and (ff) any other ethics-related policies, procedures, practices, or program of the Board or a Federal reserve bank; and (II) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (B) Exclusion of certain ethics-related information Notwithstanding subparagraph (A), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (2) Disclosure of ethics-related information to Members of Congress (A) In general Section 552 of title 5, United States Code, is not authority for the Board or a Federal reserve bank to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (B) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under subparagraph (A). (3) Priority of requests from Members of Congress Any request for ethics-related information from the Board or a Federal reserve bank under section 552 of title 5, United States Code, made by a Member of Congress— (A) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (B) shall be processed without charging any fee to the Member of Congress. (4) Common law privileges Notwithstanding any other provision of law, the Board or a Federal reserve bank may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (5) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Board or a Federal reserve bank, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (A) have responsibility for the maintenance and security of those materials; and (B) ensure that— (i) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (ii) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Board or the Federal reserve bank, as applicable; (iii) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (iv) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (6) Standing Any Member of Congress who makes a request for ethics-related information from the Board or a Federal reserve bank under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Board or the Federal reserve bank, as applicable, from withholding records of the Board or the Federal reserve bank, as applicable, and to order the production of any records of the Board or the Federal reserve bank, as applicable, improperly withheld from the Member of Congress in the same manner as any other person under that section. . 3. Congressional FOIA requests for ethics-related information from other financial regulatory agencies (a) Bureau of Consumer Financial Protection Subtitle A of title X of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5491 et seq. 12 U.S.C. 5496b 1016C. Congressional FOIA requests for ethics-related information from the Bureau (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information (A) the activities of the ethics program of the Bureau; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Bureau; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Bureau; and (I) any other ethics-related policies, procedures, practices, or program records of the Bureau, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Bureau; and (VI) any other ethics-related policies, procedures, practices, or program of the Bureau; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Bureau to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Bureau under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Bureau may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Bureau, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Bureau; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Bureau under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Bureau from withholding records of the Bureau and to order the production of any records of the Bureau improperly withheld from the Member of Congress in the same manner as any other person under that section. . (b) Federal Deposit Insurance Corporation The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. 52. Congressional FOIA requests for ethics-related information from the Corporation (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information (A) the activities of the ethics program of the Corporation; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Corporation; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Corporation; and (I) any other ethics-related policies, procedures, practices, or program records of the Corporation, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Corporation; and (VI) any other ethics-related policies, procedures, practices, or program of the Corporation; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Corporation to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Corporation under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Corporation may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Corporation, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Corporation; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Corporation under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Corporation from withholding records of the Corporation and to order the production of any records of the Corporation improperly withheld from the Member of Congress in the same manner as any other person under that section. . (c) Securities and Exchange Commission The Securities Exchange Act of 1934 ( 12 U.S.C. 78a et seq. 12 U.S.C. 78d–5 4F. Congressional FOIA requests for ethics-related information from the Commission (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information (A) the activities of the ethics program of the Commission; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Commission; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Commission; and (I) any other ethics-related policies, procedures, practices, or program records of the Commission, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Commission; and (VI) any other ethics-related policies, procedures, practices, or program of the Commission; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Commission to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Commission under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Commission may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Commission, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Commission; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Commission under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Commission from withholding records of the Commission and to order the production of any records of the Commission improperly withheld from the Member of Congress in the same manner as any other person under that section. . (d) National Credit Union Administration Title I of the Federal Credit Union Act ( 12 U.S.C. 1752 et seq. 132. Congressional FOIA requests for ethics-related information from the Administration (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information (A) the activities of the ethics program of the Administration; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Administration; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Administration; and (I) any other ethics-related policies, procedures, practices, or program records of the Administration, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Administration; and (VI) any other ethics-related policies, procedures, practices, or program of the Administration; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Administration to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Administration under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Administration may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Administration, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Administration; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Administration under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Administration from withholding records of the Administration and to order the production of any records of the Administration improperly withheld from the Member of Congress in the same manner as any other person under that section. . (e) Office of the Comptroller of the Currency The Revised Statutes of the United States is amended by inserting after section 333 ( 12 U.S.C. 14 334. Congressional FOIA requests for ethics-related information from the Office of the Comptroller of the Currency (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information (A) the activities of the ethics program of the Office of the Comptroller of the Currency (in this section referred to as the Office (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Office; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Office; and (I) any other ethics-related policies, procedures, practices, or program records of the Office, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Office; and (VI) any other ethics-related policies, procedures, practices, or program of the Office; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Office to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Office under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Office may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Office, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Office; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Office under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Office from withholding records of the Office and to order the production of any records of the Office improperly withheld from the Member of Congress in the same manner as any other person under that section. . (f) Federal Housing Finance Agency Part 1 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4511 et seq. 1319H. Congressional FOIA requests for ethics-related information from the Agency (a) Ethics-Related information defined (1) In general Subject to paragraph (2), in this section, the term ethics-related information (A) the activities of the ethics program of the Agency; (B) financial disclosure reports and related records; (C) ethics agreements and related records; (D) outside employment and activity of officers and employees of the Agency; (E) referrals of violations of criminal conflict of interest statutes; (F) ethics-related disciplinary records or adverse actions; (G) ethics-related investigations, inquiries, or reviews; (H) ethics-related materials, including ethics determinations issued by, ethics advice issued by, ethics consultation engaged in, and ethics training records of the Agency; and (I) any other ethics-related policies, procedures, practices, or program records of the Agency, including— (i) any record relating to— (I) ethics policies, procedures, practices, or program implementation, interpretation, counseling, management, development, review, or complaints; (II) employee training and education related to any ethics-related policies, procedures, practices, or program; (III) ethics waivers, authorizations, and approvals; (IV) non-Federally funded travel; (V) any ethics-related annual questionnaires relating to the ethics program of the Agency; and (VI) any other ethics-related policies, procedures, practices, or program of the Agency; and (ii) any other record described in the document entitled, General Records Schedule 2.8: Employee Ethics Records (2) Exclusion of certain ethics-related information Notwithstanding paragraph (1), a record of advice and counseling provided by an ethics official to an individual officer or employee, except for a record that has operative legal effect such as a waiver, an authorization, an approval, or a determination that alters the ethical obligations of such officer or employee, shall not be included in the definition of the term ethics-related information (b) Disclosure of ethics-Related information to Members of Congress (1) In general Section 552 of title 5, United States Code, is not authority for the Agency to withhold ethics-related information from a Member of Congress, including any ethics-related information in a personnel file. (2) Rule of construction No provision of law, including title I of the Ethics in Government Act (5 U.S.C. App.), shall preclude or limit the disclosure of ethics-related information to a Member of Congress under paragraph (1). (c) Priority of requests from Members of Congress Any request for ethics-related information from the Agency under section 552 of title 5, United States Code, made by a Member of Congress— (1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and (2) shall be processed without charging any fee to the Member of Congress. (d) Common law privileges Notwithstanding any other provision of law, the Agency may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege. (e) Maintenance and security of materials With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Agency, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall— (1) have responsibility for the maintenance and security of those materials; and (2) ensure that— (A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee; (B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Agency; (C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and (D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials. (f) Standing Any Member of Congress who makes a request for ethics-related information from the Agency under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Agency from withholding records of the Agency and to order the production of any records of the Agency improperly withheld from the Member of Congress in the same manner as any other person under that section. . 4. Presidential appointment of Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection Chapter 4 of part I of title 5, United States Code, is amended— (1) in section 401— (A) in paragraph (1), by inserting the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, National Security Agency, (B) in paragraph (2), by inserting the Chairman of the Board of Governors of the Federal Reserve System; National Security Agency; (2) in section 415— (A) in subsection (a)(1)(A), by striking the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, (B) in subsection (c), by striking the third and fourth sentences; and (C) in subsection (g)— (i) by striking paragraph (3); and (ii) by redesignating paragraph (4) as paragraph (3); (3) in section 418, by striking or 421 421, or 425 (4) by adding at the end the following: 425. Special provisions concerning the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection (a) In general The Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection shall have all of the authorities and responsibilities provided by this chapter— (1) with respect to the Bureau of Consumer Financial Protection, as if the Bureau were part of the Board of Governors of the Federal Reserve System; and (2) with respect to a Federal reserve bank without the permission of the Federal reserve bank. (b) Relationship to Department of Treasury The provisions of subsection (a) of section 412 of this title (other than the provisions of subparagraphs (A), (B), (C), and (E) of subsection (a)(1) of section 412 of this title) shall apply to the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection and the Chairman of the Board of Governors of the Federal Reserve System in the same manner as such provisions apply to the Inspector General of the Department of the Treasury and the Secretary of the Treasury, respectively. .

Financial Regulators Transparency Act of 2023

Voluntary Public Access Improvement Act of 2023 This bill reauthorizes through FY2028 and increases funding for the Voluntary Public Access and Habitat Incentive Program. This Natural Resources Conservation Service program provides state and tribal governments competitive grants to encourage owners and operators of privately-held land (i.e., farm, ranch, and forest land) to allow public access for hunting, fishing, and other wildlife-dependent recreation.

118 S1161 IS: Voluntary Public Access Improvement 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. 1161 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Daines Mr. Bennet Mr. Marshall Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food Security Act of 1985 to reauthorize the voluntary public access and habitat incentive program. 1. Short title This Act may be cited as the Voluntary Public Access Improvement Act of 2023 2. Voluntary public access and habitat incentive program Section 1240R(f)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–5(f)(1) (1) by striking and 2018, (2) by inserting , and $150,000,000 for the period of fiscal years 2024 through 2028

Voluntary Public Access Improvement Act of 2023

Accurate Map for Broadband Investment Act of 2023 This bill modifies the Broadband Equity, Access, and Deployment (BEAD) Program by requiring a portion of program funds to be reallocated using an updated version of the National Broadband Map. (The map identifies areas that lack access to broadband internet; the Federal Communications Commission is responsible for creating and periodically updating the map.) The BEAD Program is managed by the National Telecommunications and Information Administration (NTIA) and provides funds to states and territories for broadband deployment, connectivity, mapping, and adoption projects. Current law allocates the majority of BEAD funds based on the share of locations in a given state or territory that the National Broadband Map designates as unserved by broadband internet. Current law also provides for the release of BEAD funds in stages; generally, a state or territory receives 20% of its funds after the NTIA approves its initial proposal for using the funds and the remaining funds after the NTIA approves its final proposal. Under this bill, after distributing BEAD funds for initial proposals, the NTIA must reallocate the remaining funds using the most current version of the National Broadband Map and distribute those funds based on the reallocation.

118 S1162 IS: Accurate Map for Broadband Investment 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. 1162 IN THE SENATE OF THE UNITED STATES March 30, 2023 Ms. Rosen Mr. Thune Committee on Commerce, Science, and Transportation A BILL To ensure that broadband maps are accurate before funds are allocated under the Broadband Equity, Access, and Deployment Program based on those maps. 1. Short title This Act may be cited as the Accurate Map for Broadband Investment Act of 2023 2. Ensuring accuracy of broadband maps before allocation of funds based on maps Section 60102 of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 1702 (1) in subsection (c)— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: (4) Reallocation after update to maps (A) In general Two hundred and ten days after the date on which the Assistant Secretary allocates amounts to an eligible entity under paragraph (1) or (3), the Assistant Secretary shall— (i) repeat the calculation required under subparagraph (B) of the applicable paragraph based on the most current versions of the broadband DATA maps; and (ii) adjust the allocation under the applicable paragraph as necessary based on the recalculation under clause (i). (B) Use of reallocation in calculating final disbursement (i) Final disbursement timing The Assistant Secretary may not make grant funds available to an eligible entity under subsection (e)(4) until the Assistant Secretary has complied with subparagraph (A) of this paragraph. (ii) Use of reallocation If the Assistant Secretary adjusts the allocation to an eligible entity under this subsection pursuant to subparagraph (A) of this paragraph, the Assistant Secretary shall use the adjusted allocation to determine the amount of grant funds that remain to be made available to the eligible entity under subsection (e)(4). ; and (2) in subsection (e)— (A) in paragraph (2)— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (ii) by striking On or after (A) In general On or after ; and (iii) by adding at the end the following: (B) Notice of recalculated allocation On or after the date on which the Assistant Secretary adjusts the allocation to an eligible entity under subsection (c)(4), the Assistant Secretary shall issue a notice to the eligible entity that contains the adjusted amount available to the eligible entity under subsection (c). ; and (B) in paragraph (4)— (i) in subparagraph (A)(i), in the matter preceding subparagraph (A)— (I) by striking approvals approves (II) by inserting (subject to paragraph (4) of that subsection) subsection (c) (ii) in subparagraph (D)(ii)(III), by inserting (subject to paragraph (4) of that subsection) subsection (c) (iii) in subparagraph (E)(ii)(III), by inserting (subject to paragraph (4) of that subsection) subsection (c)

Accurate Map for Broadband Investment Act of 2023

Aviation Minority Workforce Development Act of 2023 This bill requires the Department of Transportation to establish a grant program to increase racial and gender minority access and representation in the aviation workforce. Grants may be provided to minority-serving institutions (e.g., historically Black colleges and universities) and a consortium of one or more institutions of higher education that has a partnership with an aviation company or industry association, a labor-management organization, or other specified entity. The grants must be used to facilitate the creation of programs that educate and train students; increase access to, and the availability of, resources at existing aviation workforce programs; assist students with education, apprenticeship, internship, transportation, and certification costs; and increase student outreach and recruitment.

118 S1163 IS: Aviation Minority Workforce Development 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. 1163 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Markey Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Transportation to establish a grant program to increase racial and gender minority access and representation in the aviation workforce, and for other purposes. 1. Short title This Act may be cited as the Aviation Minority Workforce Development Act of 2023 2. Grant program to increase racial and gender minority access and representation in the aviation workforce (a) In general Not later than 6 months after the date of enactment of this section, the Secretary of Transportation shall establish a program to award grants to eligible entities to increase racial and gender minority access and representation in the aviation workforce. (b) Use of funds Grant funds awarded under this section to an eligible entity shall be used to— (1) facilitate the creation of programs that educate and train students from under-represented racial and gender groups to participate in the aviation workforce; (2) increase access to, and the availability of, resources at existing aviation workforce programs for the express purpose of increasing representation of racial and gender minorities, including at minority serving institutions; (3) assist students from under-represented racial and gender minorities with education, apprenticeship, internship, transportation, and certification costs; and (4) increase outreach and recruitment to students from racial and gender minorities who are interested in working in the aviation industry. (c) Requirement The Secretary shall ensure that not less than 40 percent of the total amount of funds appropriated in each fiscal year to carry out this section are awarded to minority-serving institutions. (d) Report to Congress Not later than 1 year after the first grant is awarded under the grant program under this section, and annually thereafter for as long as the Secretary is conducting such program, the Secretary 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 that evaluates such program, including— (1) a description of the number of grants awarded; (2) the amount of each grant; (3) the activities funded under each grant; and (4) the effectiveness of such funded activities in meeting the objective described in subsection (a). (e) Authorization of appropriations There are authorized to be appropriated to carry out this section, $80,000,000 for each of fiscal years 2024 through 2028. (f) Definitions In this section: (1) Community college The term community college junior or community college 20 U.S.C. 1058(f) (2) Eligible entity The term eligible entity (A) a minority-serving institution; and (B) a consortium of 1 or more institutions of higher education that has a partnership with 1 or more of the following entities: (i) A member of the aviation industry, such as a company or industry association. (ii) A labor-management organization. (iii) An aviation industry registered apprenticeship program. (iv) A nonprofit organization dedicated to helping individuals gain employment in the aviation industry. (v) A community college or a postsecondary vocational institution with experience in providing relevant education or training for individuals seeking employment in the aviation industry or a similar industry. (3) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (4) Minority-serving institution The term minority-serving institution 20 U.S.C. 1067q(a) (5) Postsecondary vocational institution The term postsecondary vocational institution 20 U.S.C. 1002(c) (6) Secretary The term Secretary

Aviation Minority Workforce Development Act of 2023

Seedlings for Sustainable Habitat Restoration Act of 2023 This bill provides support for the collection and maintenance of native seeds and production of tree seedlings. First, the bill expands the Infrastructure Investment and Jobs Act to allow the Forest Service to enter into contracts, grants, or agreements with state forestry agencies, institutions of higher education, and other entities for the (1) collection and maintenance of native seeds, including material from managed seed orchards; and (2) production of seedlings for revegetation. Second, the bill modifies requirements for forest landscape restoration proposals for funding under the Collaborative Forest Landscape Restoration Program. Specifically, the bill adds institutions of higher education to the list of entities that may provide employment or training opportunities under a proposal and allows the employment or training opportunities to include the collection and maintenance of native seeds for revegetation or the production of seedlings.

118 S1164 IS: Seedlings for Sustainable Habitat Restoration 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. 1164 IN THE SENATE OF THE UNITED STATES March 30, 2023 Mr. Luján Mr. Cornyn Mr. Heinrich Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Infrastructure Investment and Jobs Act to authorize the Secretary of Agriculture, acting through the Chief of the Forest Service, to enter into contracts, grants, and agreements to carry out certain ecosystem restoration activities, and for other purposes. 1. Short title This Act may be cited as the Seedlings for Sustainable Habitat Restoration Act of 2023 2. Contracts, grants, and agreements to carry out certain ecosystem restoration activities (a) Contracts, grants, and agreements Section 40804 of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592a (g) Contracts, grants, and agreements To carry out the ecosystem restoration activities described in subsection (b), the Secretary of Agriculture, acting through the Chief of the Forest Service, may enter into contracts, grants, or agreements with State forestry agencies, local private or nonprofit entities, institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) (1) for the collection and maintenance of native seeds, including material from managed seed orchards; and (2) for the production of seedlings for revegetation. . (b) Collaborative forest landscape restoration program Section 4003(b)(7) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303(b)(7) (1) in the matter preceding subparagraph (A), by inserting the collection and maintenance of native seeds for revegetation, the production of seedlings, and or agreements for (2) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and (3) by inserting after subparagraph (A) the following: (B) institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) .

Seedlings for Sustainable Habitat Restoration Act of 2023

Reentry Act of 2023 This bill allows for Medicaid payment of medical services furnished to an incarcerated individual during the 30-day period preceding the individual's release. The Medicaid and Children's Health Insurance Program (CHIP) Payment and Access Commission must report on specified information relating to the accessibility and quality of health care for incarcerated individuals, including the impact of the bill's changes.

118 S1165 IS: Reentry Act of 2023 U.S. Senate 2023-04-17 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. 1165 IN THE SENATE OF THE UNITED STATES April 17, 2023 Ms. Baldwin Mr. Braun Mr. Brown Mr. Vance Committee on Finance A BILL To amend title XIX of the Social Security Act to allow States to make medical assistance available to inmates during the 30-day period preceding their release. 1. Short title This Act may be cited as the Reentry Act of 2023 2. Allowing for medical assistance under Medicaid for inmates during 30-day period preceding release (a) In general The subdivision (A) following the last numbered paragraph of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) , or in the case of any individual during the 30-day period preceding the date of release of such individual from such public institution ); (b) Report Not later than 18 months after the date of enactment of this Act, the Medicaid and CHIP Payment and Access Commission shall submit a report to Congress on the Medicaid inmate exclusion under the subdivision (A) following the last numbered paragraph of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) (1) Provision of care in correctional settings An analysis and description of standards for health and safety for individuals who are inmates of correctional facilities, the health care provided to such individuals, and the physical environment in which health care is provided to such individuals, which may include the following: (A) An assessment of access to health care for incarcerated individuals, including a description of medical and behavioral health services generally available to incarcerated individuals. (B) An assessment of Medicare and Medicaid conditions of participation for hospitals, psychiatric facilities, psychiatric residential treatment facilities, nursing facilities, and other relevant provider types, if any, and their potential application to health care services furnished to individuals who are inmates of correctional facilities. (C) An assessment of State licensing and certification standards, processes, and enforcement mechanisms for correctional facilities, and the potential application of such standards, processes, and enforcement mechanisms to the provision of health care to individuals who are inmates of correctional facilities. (D) An assessment of accrediting bodies for correctional facilities, the respective accrediting standards of such bodies, and the accrediting practices relevant to health care services provided by correctional facilities to individuals who are inmates of such facilities, in comparison to major community health care facility accrediting bodies. (2) Impact of the Reentry Act; recommendations for additional action (A) The number of incarcerated individuals who would otherwise be eligible to enroll for medical assistance under a State plan approved under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (B) An analysis of the preliminary impact of the amendment made by subsection (a) on health care coverage and the transition back into the community for individuals who are newly released from correctional facilities. (C) A description of current practices related to the discharge of incarcerated individuals, including how correctional facilities interact with State Medicaid agencies to ensure that such individuals who are eligible to enroll for medical assistance under a State plan or waiver described in subparagraph (A) are so enrolled. (D) If determined appropriate by the Commission, recommendations for Congress, the Department of Health and Human Services, or States on further legislative or administrative actions to— (i) ensure access to comprehensive health coverage for incarcerated and newly released individuals, including an assessment of the impact of the Medicaid inmate exclusion; and (ii) better facilitate an effective transition to community services and addiction treatment for newly released individuals. (E) Any other information that the Commission determines would be useful to Congress.

Reentry Act of 2023

Restore Public Health Institution Trust Act of 2023 This bill requires the Government Accountability Office to report on public health messaging and other recommendations of the Centers for Disease Control and Prevention (CDC). The report must specifically address (1) the data used to make recommendations; (2) the effect of inconsistent messaging on the public's trust in the CDC, willingness to follow the CDC's COVID-19 guidance, and attitudes about immunizations both in general and for specific populations; and (3) the degree to which outside entities influenced CDC recommendations.

118 S1166 IS: Restore Public Health Institution Trust Act of 2023 U.S. Senate 2023-04-17 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. 1166 IN THE SENATE OF THE UNITED STATES April 17, 2023 Mr. Rubio Mr. Marshall Mr. Daines Mr. Cramer Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To require the Comptroller General of the United States to submit a report on the public health mitigation messaging and guidance of the Centers for Disease Control and Prevention. 1. Short title This Act may be cited as the Restore Public Health Institution Trust Act of 2023 2. Report on CDC public health mitigation messaging and guidance (a) In general Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the public health mitigation messaging, decision making, and guidance of the Centers for Disease Control and Prevention (referred to in this section as the CDC (1) consider— (A) the data being used by the CDC to make recommendations; (B) the impact that inconsistent messaging has had on— (i) the level of trust Americans have in the CDC; and (ii) the willingness of Americans to follow CDC guidance, including with respect to COVID–19 vaccine uptake; (C) the impact that inconsistent messaging with regard to the efficacy of COVID–19 vaccines and Federal mandates for receiving such vaccines has had on attitudes about immunization, both in general and specifically for— (i) the school-age population; and (ii) vaccines on the recommended immunization schedules for children, adolescents, and adults of the Advisory Committee on Immunization Practices of the CDC; and (D) the degree to which outside entities (such as teachers unions) were in a position to impact recommendations made by the CDC; and (2) contain recommendations to improve the approach of the CDC relating to messaging, decision making, and the issuance of guidance in the future. (b) Definition In this section, the term appropriate committees of Congress (1) the Committee on Health, Education, Labor, and Pensions of the Senate; (2) the Committee on Small Business of the Senate; (3) the Committee on Appropriations of the Senate; (4) the Committee on Commerce, Science, and Transportation of the Senate; (5) the Committee on Education and Workforce of the House of Representatives; (6) the Committee on Small Business of the House of Representatives; (7) the Committee on Appropriations of the House of Representatives; and (8) the Committee on Energy and Commerce of the House of Representatives.

Restore Public Health Institution Trust Act of 2023

Sound Insulation Treatment Repair and Replacement Program Act This bill provides airports with the option to use funds provided under the Airport Improvement Program (AIP) to repair and replace sound insulation in residential buildings. Under current policy, airports may use AIP funds for one-time sound insulation projects for residential buildings. This bill provides airports a one-time waiver to use AIP funds to carry out repair and replacement of sound insulation for residential buildings if the airport previously received federal assistance or federally authorized airport assistance for the insulation and (1) it is justified due to increased aircraft noise, or (2) the previously installed sound insulation has resulted in structural deterioration. To qualify, the building or structure must currently fall within the Day Night Level (DNL) 65 noise standard. If not, it must have fallen within this standard at the time of the initial noise mitigation, and a Federal Aviation Administration (FAA) compliant noise auditor must determine that such sound insulation treatment caused physical damage to the residence; or the materials used were of low quality and have deteriorated, broken, or otherwise no longer function as intended. Additionally, an airport and the property owner must exhaust funding available through warranties, insurance coverage, and legal remedies for the previously installed insulation. An FAA compliant noise auditor must also inspect the residence and determine that the previously installed insulation resulted in structural deterioration that was not caused by the property owner's or airport's negligence, or due to the homeowner's actions.

118 S1167 IS: Sound Insulation Treatment Repair and Replacement Program Act U.S. Senate 2023-04-17 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. 1167 IN THE SENATE OF THE UNITED STATES April 17, 2023 Mrs. Murray Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to allow additional funds to be provided under the airport improvement program for certain noise mitigation projects, and for other purposes. 1. Short title This Act may be cited as the Sound Insulation Treatment Repair and Replacement Program Act 2. Sound insulation repair and replacement projects (a) Government share Section 47109 of title 49, United States Code, is amended by adding at the end the following: (h) Special rule for sound insulation repair and replacement With respect to a project to carry out sound insulation that is granted a waiver under section 47110(j), the allowable project cost for such project shall be calculated without consideration of any costs that were previously paid by the Government. . (b) Sound insulation treatment repair and replacement projects Section 47110 of title 49, United States Code, is amended by adding at the end the following: (j) Special rule for sound insulation treatment repair and replacement projects (1) In general The Secretary shall provide a one-time waiver of the requirement of subsection (b)(4) for a qualifying airport as applied to projects to carry out repair and replacement of sound insulation for a residential building for which the airport previously received Federal assistance or federally authorized airport assistance under this subchapter if— (A) the Secretary determines that the additional assistance is justified due to— (i) increased aircraft noise, as determined by the Administrator of the Federal Aviation Administration; or (ii) the residence containing any sound insulation treatment or other type of sound proofing material previously installed under this subchapter that is determined to be eligible pursuant to paragraph (2); and (B) the building or other structure— (i) falls within the Day Night Level (DNL) 65 standard according to the most recent noise exposure map, as such term is defined in section 150.7 of title 14, Code of Federal Regulations; or (ii) fell within such standard at the time the initial noise mitigation was carried out and an FAA-compliant noise auditor has determined that— (I) such sound insulation treatment caused physical damage to the residence; or (II) the materials used for sound insulation treatment were of low quality and have deteriorated, broken, or otherwise no longer function as intended. (2) Eligibility determination To be eligible for waiver under this subsection for repair or replacement of sound insulation treatment projects, an applicant shall— (A) ensure that the applicant and the property owner exhaust any amounts available through warranties, insurance coverage, and legal remedies for the sound insulation treatment previously installed on the residence; and (B) demonstrate that an FAA-compliant noise auditor conducted an inspection of the residence and determined that— (i) the sound insulation treatment for which Federal assistance was previously provided has resulted in structural deterioration that was not caused by failure of the property owner to repair or adequately maintain the residential building or through the negligence of the applicant or the property owner; and (ii) the condition of the sound insulation treatment described in subparagraph (A) is not attributed to actions taken by an owner or occupant of the residence. (3) Additional authority for periodic surveys Notwithstanding any other of provision of law, the Secretary shall consider a cost allowable under this subchapter for an airport to conduct periodic surveys of properties in which repair and replacement of sound insulation treatment was carried out as described in paragraph (1) and for which the airport previously received Federal assistance or federally authorized airport assistance under this subchapter. Such surveys shall be carried out to identify any properties described in the preceding sentence that are eligible for funds under this subsection. .

Sound Insulation Treatment Repair and Replacement Program Act

Providing Distance Education for Foreign Institutions Act This bill makes certain distance education programs offered by foreign institutions of higher education (IHEs) eligible to participate in federal student-aid programs, thereby making students participating in these programs eligible to receive federal student aid. (The Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, waived the statutory prohibition on foreign IHEs offering distance education, which allowed students participating in these programs to receive federal student aid. However, this waiver is set to end on the latest of June 30, 2023; the last day of the payment period that begins on or before June 30, 2023; or the last day of the first payment period following the end of the foreign authority's qualifying emergency.) Under this bill, a foreign IHE program is eligible to participate in federal student-aid programs if not more than 12.5% of the program consists of courses offered principally through distance education, the foreign IHE has been evaluated and determined by an outside oversight entity (e.g., an accrediting agency) to have the capability to effectively deliver distance education programs, and the students receiving federal student aid are physically present in the country where the foreign IHE is located during the distance education instruction.

118 S1168 IS: Providing Distance Education for Foreign Institutions Act U.S. Senate 2023-04-17 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. 1168 IN THE SENATE OF THE UNITED STATES April 17, 2023 Mr. Braun Mr. Kaine Committee on Health, Education, Labor, and Pensions A BILL To amend title IV of the Higher Education Act of 1965 to provide program eligibility for distance education programs offered by foreign institutions of higher education. 1. Short title This Act may be cited as the Providing Distance Education for Foreign Institutions Act 2. Eligibility of distance education programs offered by foreign institutions of higher education Section 481(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(b) (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) (A) An otherwise eligible program that is offered by a foreign institution and is offered in part through distance education is eligible for the purposes of this title if— (i) not more than 12.5 percent of such program consists of courses offered principally through distance education; (ii) the foreign institution has been evaluated and determined by an outside oversight entity, such as an accrediting agency or association or government entity, to have the capability to effectively deliver distance education programs; and (iii) the students receiving aid under this title are physically present in the country where the foreign institution is located during the distance education instruction. (B) In calculating the percentage of a program offered through distance education for purposes of clause (i) of subparagraph (A), any course that is part of such a program that requires a student’s regular in-person attendance for more than 50 percent of the instruction, but also includes one or more distance education components as part of the course, shall not be considered to be offered principally through distance education. .

Providing Distance Education for Foreign Institutions Act

Handgun Permit to Purchase Act This bill authorizes a grant program for states, local governments, and Indian tribes to implement and evaluate handgun purchaser licensing requirements.

118 S117 IS: Handgun Permit to Purchase Act 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. 117 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Van Hollen Mr. Blumenthal Mr. Murphy Committee on the Judiciary A BILL To authorize a grant program for handgun licensing programs, and for other purposes. 1. Short title This Act may be cited as the Handgun Permit to Purchase Act 2. Findings Congress finds as follows: (1) In 2020, 59 percent of firearm homicides in the United States for which a firearm type was specified were committed with a handgun. (2) Research by top national experts show that— (A) adoption of handgun purchaser licensing laws are associated with significant reductions in firearm-related homicides; and (B) repeal of handgun purchaser licensing laws are associated with significant increases in firearm-related homicides. (3) Research on the effects of the adoption of a handgun purchaser licensing law in Connecticut in 1995 showed— (A) a 27.8-percent reduction in the rate of firearm homicide; and (B) a 32.8-percent reduction in firearm suicide rates. (4) Published research has shown that the repeal of a handgun purchaser licensing law in Missouri in 2007 was associated with— (A) a 47.3-percent increase in the rate of firearm homicide; and (B) a 23.5-percent increase in firearm suicide rates. (5) In States that have had effective handgun purchaser licensing laws for decades, such as Connecticut, Massachusetts, New Jersey, and New York, the vast majority of firearms traced to crimes originated in States that do not have handgun purchaser licensing laws, which supports the need for handgun purchaser licensing laws in every State. (6) Research has shown that States with handgun purchaser licensing laws export far fewer firearms for criminal use in other States than States that lack handgun purchaser licensing laws. 3. Grant program authorized for handgun licensing (a) In general Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. PP Handgun licensing grant program 3061. Definition In this part, the term handgun 3062. Grant program (a) In general The Attorney General may award grants to States, units of local government, and Indian tribes for the development, implementation, and evaluation of handgun purchaser licensing requirements. (b) Program authorized From the amounts appropriated to carry out this part, and not later than 90 days after such amounts are appropriated, the Attorney General shall award grants, on a competitive basis, to eligible applicants whose applications are approved under subsection (c) to assist such applicants in implementing and improving handgun purchaser licensing programs. (c) Application To be eligible to receive a grant under this part, a State, unit of local government, or Indian tribe shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require, including— (1) a description of the law that the applicant has enacted to require a license for any purchase of a handgun, including a description of any exemptions to such law; and (2) a description of how the applicant will use the grant to carry out or improve its handgun purchaser licensing program. (d) Eligibility requirements To be eligible for a grant under this part, an applicant shall have in effect a handgun purchaser licensing law that includes the following requirements: (1) With respect to an individual applying for a handgun license or permit— (A) the individual shall be— (i) not less than 21 years old; and (ii) a citizen or national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (B) the individual shall apply for the handgun purchaser license or permit at a law enforcement agency in the State in which the individual resides; (C) the individual shall reapply for the handgun purchaser license or permit after a period not longer than 5 years; and (D) the individual shall, in connection with the application for the handgun purchaser license or permit— (i) submit to a background investigation and a criminal history check, as established by the State, which shall ensure, at a minimum, that the individual is not prohibited from possessing a firearm under section 922(g) of title 18, United States Code; and (ii) submit fingerprints and photographs. (2) An individual who is prohibited from possessing a firearm under section 922(g) of title 18, United States Code, may not be issued a handgun purchasing license or permit. (e) Use of funds Grant funds awarded under this part shall be used to improve the handgun purchaser licensing program of the grant recipient. . (b) Authorization of appropriations Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a) (29) There are authorized to be appropriated such sums as may be necessary to carry out part PP. .

Handgun Permit to Purchase Act

Project Safe Childhood Act This bill modifies and reauthorizes through FY2028 the Project Safe Childhood Program within the Department of Justice. The program coordinates child sexual exploitation investigations and prosecutions across federal, state, and local law enforcement; provides training to law enforcement on best practices; and supports public education programs.

118 S1170 ES: Project Safe Childhood Act 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. 118th CONGRESS 1st Session S. 1170 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize and update the Project Safe Childhood program, and for other purposes. 1. Short title This Act may be cited as the Project Safe Childhood Act 2. Project Safe Childhood modernization Section 143 of the Adam Walsh Child Protection and Safety Act of 2006 ( 34 U.S.C. 20942 143. Project Safe Childhood (a) Definitions In this section: (1) Child sexual abuse material The term child sexual abuse material child pornography (2) Child sexual exploitation offense The term child sexual exploitation offense (A) (i) an offense involving a minor under section 1591 or chapter 117 (ii) an offense under subsection (a), (b), or (c) of section 2251 of title 18, United States Code; (iii) an offense under section 2251A or 2252A(g) of title 18, United States Code; or (iv) any attempt or conspiracy to commit an offense described in clause (i) or (ii); or (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (3) Circle of trust offender The term circle of trust offender (4) Computer The term computer (5) Contact sexual offense The term contact sexual offense (A) an offense involving a minor under chapter 109A (B) an offense involving a minor under a State or Tribal statute that is similar to a provision described in subparagraph (A). (6) Dual offender The term dual offender (A) a person who commits— (i) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; and (ii) a contact sexual offense; and (B) without regard to whether the offenses described in clauses (i) and (ii) of subparagraph (A)— (i) are committed as part of the same course of conduct; or (ii) involve the same victim. (7) Facilitator The term facilitator (A) a technology-facilitated child sexual exploitation offense or an offense involving child sexual abuse material; or (B) a contact sexual offense. (8) ICAC affiliate partner The term ICAC affiliate partner (9) ICAC task force The term ICAC task force (10) ICAC Task Force Program The term ICAC Task Force Program 34 U.S.C. 21112 (11) Offense involving child sexual abuse material The term offense involving child sexual abuse material (A) an offense under section 2251(d), section 2252, or paragraphs (1) through (6) of section 2252A(a) of title 18, United States Code, or any attempt or conspiracy to commit such an offense; or (B) an offense under a State or Tribal statute that is similar to a provision described in subparagraph (A). (12) Serious offender The term serious offender (A) an offender who has committed a contact sexual offense or child sexual exploitation offense; (B) a dual offender, circle of trust offender, or facilitator; or (C) an offender with a prior conviction for a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material. (13) State The term State (14) Technology-facilitated The term technology-facilitated (b) Establishment of program The Attorney General shall create and maintain a nationwide initiative to align Federal, State, and local entities to combat the growing epidemic of online child sexual exploitation and abuse, to be known as the Project Safe Childhood program (c) Best practices The Attorney General, in coordination with the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, and in consultation with training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General and with appropriate nongovernmental organizations, shall— (1) develop best practices to adopt a balanced approach to the investigation of suspect leads involving contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenses, prioritizing when feasible the identification of a child victim or a serious offender, which approach shall incorporate the use of— (A) proactively generated leads, including leads generated by current and emerging technology; (B) in-district investigative referrals; and (C) CyberTipline reports from the National Center for Missing and Exploited Children; (2) develop best practices to be used by each United States Attorney and ICAC task force to assess the likelihood that an individual could be a serious offender or that a child victim may be identified; (3) develop and implement a tracking and communication system for Federal, State, and local law enforcement agencies and prosecutor’s offices to report successful cases of victim identification and child rescue to the Department of Justice and the public; and (4) encourage the submission of all lawfully seized visual depictions to the Child Victim Identification Program of the National Center for Missing and Exploited Children. (d) Implementation Except as authorized under subsection (e), funds authorized under this section may only be used for the following 4 purposes: (1) Integrated Federal, State, and local efforts to investigate and prosecute contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, including— (A) the partnership by each United States Attorney with each Internet Crimes Against Children Task Force within the district of such attorney; (B) training of Federal, State, and local law enforcement officers and prosecutors through— (i) programs facilitated by the ICAC Task Force Program; (ii) ICAC training programs supported by the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (iii) programs facilitated by appropriate nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to serious offenders, contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; and (iv) any other program that provides training— (I) on the investigation and identification of serious offenders or victims of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; or (II) that specifically addresses the use of existing and emerging technologies to commit or facilitate contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; (C) the development by each United States Attorney of a district-specific strategic plan to coordinate with State and local law enforcement agencies and prosecutor’s offices, including ICAC task forces and their ICAC affiliate partners, on the investigation of suspect leads involving serious offenders, contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, and the prosecution of those offenders and offenses, which plan— (i) shall include— (I) the use of the best practices developed under paragraphs (1) and (2) of subsection (c); (II) the development of plans and protocols to target and rapidly investigate cases involving potential serious offenders or the identification and rescue of a victim of a contact sexual offense, a child sexual exploitation offense, or an offense involving child sexual abuse material; (III) the use of training and technical assistance programs to incorporate victim-centered, trauma-informed practices in cases involving victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material, which may include the use of child protective services, children’s advocacy centers, victim support specialists, or other supportive services; (IV) the development of plans to track, report, and clearly communicate successful cases of victim identification and child rescue to the Department of Justice and the public; (V) an analysis of the investigative and forensic capacity of law enforcement agencies and prosecutor’s offices within the district, and goals for improving capacity and effectiveness; (VI) a written policy describing the criteria for referrals for prosecution from Federal, State, or local law enforcement agencies, particularly when the investigation may involve a potential serious offender or the identification or rescue of a child victim; (VII) plans and budgets for training of relevant personnel on contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; (VIII) plans for coordination and cooperation with State, local, and Tribal law enforcement agencies and prosecutorial offices; and (IX) evidence-based programs that educate the public about and increase awareness of such offenses; and (ii) shall be developed in consultation, as appropriate, with— (I) the local ICAC task force; (II) the United States Marshals Service Sex Offender Targeting Center; (III) training and technical assistance providers under the ICAC Task Force Program who are funded by the Attorney General; (IV) nongovernmental organizations with subject matter expertise, technical skill, or technological tools to assist in the identification of and response to contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material; (V) any relevant component of Homeland Security Investigations; (VI) any relevant component of the Federal Bureau of Investigation; (VII) the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice; (VIII) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (IX) the United States Postal Inspection Service; (X) the United States Secret Service; and (XI) each military criminal investigation organization of the Department of Defense; and (D) a quadrennial assessment by each United States Attorney of the investigations within the district of such attorney of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material— (i) with consideration of— (I) the variety of sources for leads; (II) the proportion of work involving proactive or undercover law enforcement investigations; (III) the number of serious offenders identified and prosecuted; and (IV) the number of children identified or rescued; and (ii) information from which may be used by the United States Attorney, as appropriate, to revise the plan described in subparagraph (C). (2) Major case coordination by the Department of Justice (or other Federal agencies as appropriate), including specific cooperation, as appropriate, with— (A) the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (B) any relevant component of Homeland Security Investigations; (C) any relevant component of the Federal Bureau of Investigation; (D) the ICAC task forces and ICAC affiliate partners; (E) the United States Marshals Service, including the Sex Offender Targeting Center; (F) the United States Postal Inspection Service; (G) the United States Secret Service; (H) each Military Criminal Investigation Organization of the Department of Defense; and (I) any task forces established in connection with the Project Safe Childhood program set forth under subsection (b). (3) Increased Federal involvement in, and commitment to, the prevention and prosecution of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material by— (A) using technology to identify victims and serious offenders; (B) developing processes and tools to identify victims and offenders; and (C) taking measures to improve information sharing among Federal law enforcement agencies, including for the purposes of implementing the plans and protocols described in paragraph (1)(C)(i)(II) to identify and rescue— (i) victims of contact sexual offenses, child sexual exploitation offenses, and offenses involving child sexual abuse material; or (ii) victims of serious offenders. (4) The establishment, development, and implementation of a nationally coordinated Safer Internet Day (A) national public awareness and evidence-based educational programs about the threats posed by circle of trust offenders and the threat of contact sexual offenses, child sexual exploitation offenses, or offenses involving child sexual abuse material, and the use of technology to facilitate those offenses; (B) information to parents and children about how to avoid or prevent technology-facilitated child sexual exploitation offenses; and (C) information about how to report possible technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material through— (i) the National Center for Missing and Exploited Children; (ii) the ICAC Task Force Program; and (iii) any other program that— (I) raises national awareness about the threat of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material; and (II) provides information to parents and children seeking to report possible violations of technology-facilitated child sexual exploitation offenses or offenses involving child sexual abuse material. (e) Expansion of Project Safe Childhood Notwithstanding subsection (d), funds authorized under this section may be also be used for the following purposes: (1) The addition of not less than 20 Assistant United States Attorneys at the Department of Justice, relative to the number of such positions as of the day before the date of enactment of the Project Safe Childhood Act (A) dedicated to the prosecution of cases in connection with the Project Safe Childhood program set forth under subsection (b); and (B) responsible for assisting and coordinating the plans and protocols of each district under subsection (d)(1)(C)(i)(II). (2) Such other additional and related purposes as the Attorney General determines appropriate. (f) Authorization of appropriations (1) In general For the purpose of carrying out this section, there are authorized to be appropriated— (A) for the activities described under paragraphs (1), (2), and (3) of subsection (d), $28,550,000 for each of fiscal years 2023 through 2028; (B) for the activities described under subsection (d)(4), $4,000,000 for each of fiscal years 2023 through 2028; and (C) for the activities described under subsection (e), $29,100,000 for each of fiscal years 2023 through 2028. (2) Supplement, not supplant Amounts made available to State and local agencies, programs, and services under this section shall supplement, and not supplant, other Federal, State, or local funds made available for those agencies, programs, and services. . Passed the Senate October 24, 2023. Secretary

Project Safe Childhood Act

Ending Trading and Holdings In Congressional Stocks (ETHICS) Act This bill generally prohibits Members of Congress (and their spouses and dependents) from purchasing or selling certain investments, such as individual stocks and related financial instruments that are not diversified investment funds, Treasury securities, or other specified holdings. Violations of this prohibition are subject to specified civil penalties. Members must certify their compliance with the provisions of the bill, and the applicable House or Senate ethics office must make the certifications and related information (e.g., trust agreements; descriptions of assets held in trusts; and federal loans, grants, or related benefits that the Member received) available online. Additionally, the bill restricts certain communications between trustees and beneficiaries related to investments held in qualified blind trusts. Violations of the restriction are subject to specified civil penalties. Further, the bill imposes penalties for failing to comply with existing financial disclosure requirements and requires electronic filing of those disclosures in a searchable format.

118 S1171 IS: Ending Trading and Holdings In Congressional Stocks (ETHICS) Act U.S. Senate 2023-04-17 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. 1171 IN THE SENATE OF THE UNITED STATES April 17, 2023 Mr. Merkley Mr. Brown Mrs. Gillibrand Mr. King Mr. Sanders Ms. Stabenow Mrs. Shaheen Ms. Duckworth Mr. Casey Mr. Welch Mr. Luján Mr. Fetterman Ms. Hirono Ms. Cortez Masto Ms. Baldwin Mr. Van Hollen Mr. Cardin Mr. Tester Mr. Heinrich Mr. Kaine Mr. Blumenthal Committee on Homeland Security and Governmental Affairs A BILL To amend chapter 131 1. Short title This Act may be cited as the Ending Trading and Holdings In Congressional Stocks (ETHICS) Act 2. Placement of certain assets of Members of Congress and their spouses and dependent children in qualified blind trusts (a) In general Chapter 131 IV Certain assets of Members of Congress and their spouses and dependent children 13161. Definitions In this title: (1) Commodity The term commodity 7 U.S.C. 1a (2) Covered investment (A) In general The term covered investment (i) an investment in— (I) a security; (II) a commodity; or (III) a future; (ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other, similar means; or (iii) any interest described in clause (i) or (ii) that is held directly, or in which an individual has an indirect, beneficial, or economic interest, through— (I) an investment fund or holding company; (II) a trust (other than a qualified blind trust); (III) an employee benefit plan; or (IV) a deferred compensation plan, including a carried interest or other agreement tied to the performance of an investment, other than a fixed cash payment. (B) Exclusions The term covered investment (i) a diversified mutual fund (including any holdings of such a fund); (ii) a diversified exchange-traded fund (including any holdings of such a fund); (iii) a United States Treasury bill, note, or bond; (iv) compensation from the primary occupation of the spouse of a Member of Congress, or any security that is issued or paid by an operating business that is the primary employer of such a spouse that is issued or paid to such a spouse; (v) holding and acquiring any security that is issued or paid as compensation from corporate board service by the spouse of a Member of Congress, including the dividend reinvestment in the same security received from the corporate board service by the spouse of a Member of Congress; (vi) any covered investment that is traded by the spouse of a Member of Congress in the course of performing the primary occupation of such a spouse, provided the investment is not owned by a covered person; (vii) any investment fund held in a Federal, State, or local government employee retirement plan; (viii) a tax-free State or municipal bond; (ix) an interest in a small business concern, if the supervising ethics office determines that the small business concern does not present a conflict of interest, and, in the case of an investment in a family farm or ranch that qualifies as an interest in a small business concern, a future or commodity directly related to the farming activities and products of the farm or ranch; (x) holding investment-grade corporate bonds, provided that the corporate bonds are held by an individual who is a covered person on the date of enactment of the Ending Trading and Holdings In Congressional Stocks (ETHICS) Act (xi) any share of Settlement Common Stock issued under section 7(g)(1)(A) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(g)(1)(A) (xii) any share of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (3) Covered person The term covered person (A) a Member of Congress; and (B) a spouse or dependent child of a Member of Congress. (4) Custody The term custody Ending Trading and Holdings In Congressional Stocks (ETHICS) Act (5) Dependent child The term dependent child (A) under the age of 19; and (B) a dependent of the Member of Congress within the meaning of section 152 (6) Diversified The term diversified (7) Future The term future (A) a security future (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) (B) any other contract for the sale of a commodity for future delivery. (8) Illiquid investment The term illiquid investment 15 U.S.C. 80b–2 (9) Initial property The term initial property (10) Interested party The term interested party (11) Member of Congress; supervising ethics office The terms Member of Congress supervising ethics office (12) Qualified blind trust The term qualified blind trust (13) Security The term security 15 U.S.C. 78c(a) (14) Small business concern The term small business concern 15 U.S.C. 632 13162. Trading covered investments (a) Ban on trading Except as provided in subsections (b) and (c)— (1) effective on the date of enactment of the Ending Trading and Holdings In Congressional Stocks (ETHICS) Act (2) effective on the date that is 90 days after the date of enactment of the Ending Trading and Holdings In Congressional Stocks (ETHICS) Act (3) on and after the effective date described in section 13163(k), a covered person that is a spouse or dependent child of a Member of Congress shall not purchase any covered investment or sell any covered investment, except as provided in section 13163(a)(2). (b) Optional divestment window Notwithstanding subsection (a)— (1) a Member of Congress who is sworn as a Member of Congress on or before the date of enactment of the Ending Trading and Holdings In Congressional Stocks (ETHICS) Act (2) a Member of Congress who is sworn as a Member of Congress after the date of enactment of the Ending Trading and Holdings In Congressional Stocks (ETHICS) Act (c) Exception Notwithstanding subsection (a), a covered person may divest a covered investment as directed by the relevant supervising ethics office pursuant to this Act. (d) Joint covered investment Any covered investment reported to the supervising ethics office as jointly owned by a Member of Congress and the spouse of the Member of Congress shall be deemed to be a covered investment of the Member of Congress for purposes of this section. 13163. Addressing owned covered investments (a) Members of Congress (1) Certification Not later than 60 days after the applicable effective date described in subsection (j), a Member of Congress shall submit to the supervising ethics office a certification, which the supervising ethics office shall publish online that certifies that— (A) each covered investment owned by, or in the custody of, the Member of Congress, or a spouse or dependent child of the Member of Congress, will, by the applicable deadline under paragraph (2), be— (i) divested, as described in paragraph (2)(B); or (ii) placed in a qualified blind trust, including through the establishment of a qualified blind trust for that purpose, if necessary, as described in paragraph (2)(A); and (B) no spouse or dependent child of the Member of Congress owns, or has custody of, covered investments with a cumulative amount equal to more than $10,000, in accordance with paragraph (6). (2) Divestiture or placement in qualified blind trust (A) Requirement Subject to paragraphs (3) and (6) and subsection (b)(2), not later than 120 days after the applicable effective date described in subsection (j), a Member of Congress shall divest, or place in a qualified blind trust (including by establishing a qualified blind trust for that purpose, if necessary), each covered investment owned or in the custody of— (i) the Member of Congress; or (ii) a spouse or dependent child of the Member of Congress. (B) Divestiture A covered person shall divest any covered investment owned by or in the custody of the covered person that is not placed in a qualified blind trust not later than the date described in subparagraph (A), subject to any extension granted under paragraph (3). (C) Qualified blind trusts (i) Mandatory sale of initial property in qualified blind trust (I) In general Subject to clause (ii), if a covered person places, or has placed before the applicable effective date described in subsection (j), 1 or more covered investments in a qualified blind trust, the trustee of the qualified blind trust shall divest any such covered investment not later than the date specified in subclause (II). (II) Deadline The date specified in this subclause is— (aa) with respect to a covered investment placed in a qualified blind trust before the applicable effective date described in subsection (j), 120 days after such applicable effective date; and (bb) with respect to a covered investment placed in a qualified blind trust on or after the applicable effective date described in subsection (j), 120 days after the date of creation of the qualified blind trust, as dated by the executed qualified blind trust agreement. (III) Notice of compliance (aa) In general Subject to item (bb), upon completion of the divestiture of all initial property pursuant to subclause (I)— (AA) the trustee of a qualified blind trust shall submit to the supervising ethics office and each beneficiary of the trust a written notice stating that all initial property of the qualified blind trust has been divested; and (BB) the supervising ethics office shall publish the notice described in subitem (AA) on the website of the supervising ethics office. (bb) Contents Each notice described in item (aa)(AA)— (AA) shall only identify the initial property generally by referring to the complete list of assets described in section 13104(f)(5)(A)(ii); and (BB) may not contain any other information relating to any holding of the qualified blind trust or the timing of any divestiture. (ii) Extension of mandatory sale of initial property (I) Request A covered person may apply to the supervising ethics office for an extension of the period described in clause (i)(I) if the size or complexity of the covered investments in the qualified blind trust warrant such extension. (II) Duration An extension granted under subclause (I) shall not exceed 90 days. (D) Illiquid investments (i) Sale Not later than 90 days after the date on which a covered person is contractually permitted to sell an illiquid investment, the covered person shall divest the illiquid investment. (ii) Prohibition A covered person may not place an illiquid investment in any qualified blind trust under subparagraph (A). (E) Trustees A trustee of a qualified blind trust— (i) shall be required to be a financial institution, as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a (ii) except for a financial institution, may not be— (I) an attorney; (II) a certified public accountant; (III) a broker, as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) (IV) an investment advisor. (3) Extension of assets being placed in qualified blind trusts If a covered person is unable to place a covered investment in a qualified blind trust by the date described in paragraph (2)(A), the applicable Member of Congress may request, and the supervising ethics office may grant, 1 or more reasonable extensions, subject to the conditions that— (A) the total period of time covered by all extensions granted for the covered investment shall not exceed 150 days; and (B) the period covered by a single extension shall be not longer than 45 days. (4) Communications regarding existing qualified blind trusts (A) In general Any direct or indirect communication relating to a qualified blind trust in existence on the applicable effective date described in subsection (j) between a trustee of the qualified blind trust and an interested party shall be permissible for purposes of this title if the communication— (i) (I) is made— (aa) in writing; and (bb) not later than 60 days after that effective date; (II) is filed with the applicable supervising ethics office by the person initiating the communication not less than 5 days before the date of the communication; (III) relates to a direction or request to the trustee— (aa) to sell all initial property placed in the qualified blind trust by any interested party; or (bb) to convert all of an asset in the qualified blind trust into an investment other than a covered investment; and (ii) is otherwise permitted under section 13104(f)(3)(C)(vi). (5) Communications between covered persons and trustees relating to all qualified blind trusts (A) Notification A trustee of a qualified blind trust shall not notify a covered person if— (i) the value of the initial property of the qualified blind trust is less than $1,000; or (ii) the trustee divests any property of the qualified blind trust, other than the initial property required to be divested pursuant to paragraph (2). (B) Communication (i) In general Any communication between a covered person and the trustee of the relevant qualified blind trust— (I) shall be in writing; and (II) submitted and approved in advance of the communication by the supervising ethics office. (ii) Prohibition A communication described in clause (i) may not include any information relating to the manner in which funds of the qualified blind trust are invested, including any information relating to— (I) any company in which the funds are invested; or (II) any sector in which the funds are invested. (6) Exception for dependents A covered person who is a dependent child of a Member of Congress may have a legal guardian hold or trade on behalf of the dependent child 1 or more covered investments provided that the value of the covered investments in total does not exceed $10,000. (b) Acquisitions during service (1) In general Subject to paragraph (2), and any applicable rules issued pursuant to subsection (h)(3), effective beginning on the date of enactment of the Ending Trading and Holdings In Congressional Stocks (ETHICS) Act (2) Inheritances (A) In general Subject to subparagraph (B), a covered person who inherits a covered investment shall come into compliance as required under subsection (a) by not later than 120 days after the date on which the covered investment is inherited. (B) Extensions If a covered person is unable to meet the requirements of subparagraph (A), the applicable Member of Congress may request, and the supervising ethics office may grant, 1 or more reasonable extensions, subject to the conditions that— (i) the total period of time covered by all extensions granted for the covered investment shall not exceed 150 days; and (ii) the period covered by a single extension shall be not longer than 45 days. (c) Family trusts (1) In general A supervising ethics office may grant an exemption for a family trust only if— (A) no covered person— (i) is a grantor of the family trust; (ii) contributed any asset to the family trust; or (iii) has any authority over a trustee of the family trust, including the authority to appoint, replace, or direct the actions of such a trustee; and (B) the grantor of the family trust is or was a family member of the covered person. (2) Requests A covered person seeking an exemption under paragraph (1) shall submit to the applicable supervising ethics office a request for the exemption, in writing, certifying that the conditions described in that paragraph are met. (3) Publication A supervising ethics office shall publish on the public website of the supervising ethics office— (A) a copy of each request submitted under paragraph (2); and (B) the written response of the supervising ethics office to each request described in subparagraph (A). (d) Mingling of assets A spouse or dependent child of a Member of Congress may place a covered investment in a qualified blind trust established by the Member of Congress under subsection (a)(2)(A)(i). (e) Separation from service and cooling-Off period required for control During the period beginning on the date on which an individual becomes a Member of Congress and ending on the date that is 90 days after the date on which the individual ceases to serve as a Member of Congress, the Member of Congress, and any spouse or dependent child of the Member of Congress, may not— (1) dissolve any qualified blind trust in which a covered investment has been placed pursuant to subsection (a)(2); or (2) except as provided in this section, otherwise control a covered investment, including purchasing new covered investments. (f) Reporting requirements (1) Supervising ethics offices Each supervising ethics office shall make available on the public website of the supervising ethics office— (A) a copy of— (i) each certification submitted to the supervising ethics office under subsection (a)(1); (ii) each qualified blind trust agreement of each covered person; (iii) each notice and other documentation submitted to the supervising ethics office under this section; and (iv) each notice, ruling, and other documentation issued or received by the supervising ethics office under subsection (c); (B) a schedule of all assets placed in a qualified blind trust by each covered person and interested party; and (C) a description of each extension granted, and each civil penalty imposed, pursuant to this section. (2) Trustees Each trustee of a qualified blind trust established by a covered person shall submit to the covered person and the applicable supervising ethics office a written notice in any case in which the trustee learns that an interested party has obtained knowledge of any trust property other than the initial property of the qualified blind trust. (3) Member of Congress Each Member of Congress who is a beneficiary of a qualified blind trust shall submit to the applicable supervising ethics office— (A) a copy of the executed qualified blind trust agreement by not later than 30 days after the date of execution; (B) a list of each asset and each financial interest transferred to the qualified blind trust by an interested party by not later than 30 days after the date of the transfer; (C) a copy of each notice submitted to the Member of Congress under paragraph (2) by not later than 30 days after the date of receipt; (D) a written notice that an interested party has obtained knowledge of any holding of the qualified blind trust by not later than the date that is 30 days after the date on which the Member of Congress discovered that the knowledge had been obtained; and (E) a written notice of dissolution of the qualified blind trust by not later than 30 days after the date of dissolution. (4) Federal benefits (A) Covered payment In this paragraph, the term covered payment (i) means a payment of money or any other item of value made, or promised to be made, by the Federal Government; (ii) includes— (I) a loan agreement, contract, or grant made, or promised to be made, by the Federal Government, including such an agreement, contract, or grant relating to agricultural activity; and (II) such other types of payment of money or items of value as the supervising ethics office may establish, by guidance; and (iii) does not include— (I) any salary or compensation for service performed as, or reimbursement of personal outlay by, an officer or employee of the Federal Government; or (II) any tax refund (including a refundable tax credit). (B) Reporting requirement Not later than 30 days after the date of receipt of a notice of any application for, or receipt of, a covered payment by a covered person (including any business owned and controlled by the covered person), but in no case later than 45 days after the date on which the covered payment is made or promised to be made, the covered person shall submit to the applicable supervising ethics office a report describing the covered payment. (g) Enforcement (1) Divestiture or placement in qualified blind trust (A) In general The applicable supervising ethics office shall provide a written notice (including notice of the potential for civil penalties under subparagraph (B)) to any Member of Congress if the Member of Congress, or spouse or dependent child of the Member of Congress— (i) fails to submit a certification under subsection (a)(1) by the date on which the certification is required to be submitted; (ii) fails to divest or place in a qualified blind trust a covered investment owned by, or in the custody of the covered person, in accordance with subsection (a)(2), subject to any extension under subsection (a)(3); or (iii) acquires an interest in a covered investment in violation of this section. (B) Civil penalties (i) In general In the event of continuing noncompliance after issuance of the notice described in subparagraph (A), the supervising ethics office shall impose a civil penalty, in the amount described in clause (ii), on a Member of Congress to whom a notice is provided under clause (i) or (ii) of subparagraph (A)— (I) on the date that is 30 days after the date of provision of the notice; and (II) during the period in which such noncompliance continues, not less frequently than once every 30 days thereafter. (ii) Amount The amount of each civil penalty imposed on a Member of Congress pursuant to clause (i) shall be equal to the greater of— (I) the monthly equivalent of the annual rate of pay payable to the Member of Congress; and (II) an amount equal to 10 percent of the value of each covered investment that was not divested or placed into a qualified blind trust in violation of this section during the period covered by the penalty. (2) Communications The Attorney General of the United States shall file a civil action seeking to impose a civil penalty on any covered person or trustee of a qualified blind trust who violates subsection (a)(4), or otherwise discloses the contents of a qualified blind trust to any unauthorized individual, equal to the greater of— (A) $10,000 per each communication; or (B) 1 percent of the value of the qualified blind trust on the date of the violation. (h) Duties of supervising ethics offices Each supervising ethics office in the legislative branch shall— (1) impose and collect civil penalties in accordance with subsection (g); (2) establish such procedures and standard forms as the supervising ethics office determines to be appropriate to implement this section; (3) issue such rules and guidelines as the supervising ethics office determines to be appropriate for the implementation and application of this title; and (4) publish on a website all documents and communications described in this subsection. (i) Rule of construction Nothing in this section shall be construed to prevent a covered person from owning or trading— (1) a diversified mutual fund; or (2) a publicly traded, diversified exchange traded fund. (j) Effective date This section shall apply to each covered person beginning on the date on which the covered person (or with respect to a covered person that is a spouse or dependent child of a Member of Congress, the date on which that Member of Congress) commences the first new term of service as a Member of Congress on or after January 31, 2023. . (b) Clerical amendment The table of sections for chapter 131 SUBCHAPTER IV—Certain assets of Members of Congress and their spouses and dependent children 13161. Definitions. 13162. Trading covered investments 13163. Addressing owned covered investments . (c) Technical and conforming amendments (1) Title 5 Title 5, United States Code, is amended— (A) in section 13103(f)— (i) in paragraph (9), by striking as defined in section 13101 of this title (ii) in paragraph (10), by striking as defined in section 13101 of this title (iii) in paragraph (11), by striking as defined in section 13101 of this title (iv) in paragraph (12), by striking as defined in section 13101 of this title (B) in section 13122(f)(2)(B)— (i) by striking Subject to clause (iv) of this subparagraph, before Before (ii) by striking clause (iv). (2) Lobbying Disclosure Act of 1995 Section 3(4)(D) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(4)(D) legislative branch employee serving in a position described under section 13101(13) of title 5, United States Code officer or employee of Congress (as defined in section 13101 of title 5, United States Code) (3) Securities Exchange Act of 1934 Section 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 (A) in subsection (g)(2)(B)(ii), by striking section 13101(11) section 13101 (B) in subsection (h)(2)— (i) in subparagraph (B), by striking in section 13101(9) under section 13101 (ii) in subparagraph (C), by striking section 13101(10) in section 13101 3. Penalty for STOCK Act noncompliance (a) Fines for failure To report (1) In general The STOCK Act ( Public Law 112–105 20. Fines for failure to report (a) In general Notwithstanding any other provision of law (including regulations), a reporting individual shall be assessed a fine, pursuant to regulations issued by the applicable supervising ethics office (including the Administrative Office of the United States Courts, as applicable), of $500 in each case in which the reporting individual fails to file a transaction report required under this Act or an amendment made by this Act. (b) Deposit in Treasury The fines paid under this section shall be deposited in the miscellaneous receipts of the Treasury. . (2) Effective date The amendments made by paragraph (1) shall take effect on the date on which the reporting individual who is a Member of Congress commences the first new term of service as a Member of Congress on or after January 31, 2023. (b) Rules, regulations, guidance, and documents Not later than 1 year after the date of enactment of this Act, each supervising ethics office (as defined in section 13101 of title 5, United States Code) (including the Administrative Office of the United States Courts, as applicable) shall amend the rules, regulations, guidance, documents, papers, and other records of the supervising ethics office in accordance with the amendment made by this section. 4. Electronic filing and online public availability of financial disclosure forms (a) Members of Congress and congressional staff Section 8(b)(1) of the STOCK Act ( 5 U.S.C. 13107 (1) in the matter preceding subparagraph (A), by inserting , pursuant to subchapter I of chapter 131 of part IV of title 5, United States Code, through databases maintained on the official websites of the House of Representatives and the Senate enable (2) by striking subparagraph (B) and the undesignated matter following that subparagraph and inserting the following: (B) public access— (i) to each— (I) financial disclosure report filed by a Member of Congress or a candidate for Congress; (II) transaction disclosure report filed by a Member of Congress or a candidate for Congress pursuant to subsection (l) of that section; and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to subchapter I of chapter 131 of part IV of title 5, United States Code; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in the reports described in subclause (I) or (II) of clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines). . (b) Effective date The amendments made by this section take effect on the date that is 18 months after the date of enactment of this Act. 5. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and of the amendments made by this Act, and the application of the remaining provisions of this Act and amendments to any person or circumstance, shall not be affected.

Ending Trading and Holdings In Congressional Stocks (ETHICS) Act

Paying a Fair Share Act of 2023 This bill requires an individual taxpayer whose adjusted gross income exceeds $1 million (high-income taxpayer) to pay a minimum tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year (tentative fair share tax). The amount of the tax is the excess (if any) of the tentative fair share tax over the excess of (1) the sum of the taxpayer's regular tax liability, the alternative minimum tax (AMT) amount, and the payroll tax for the taxable year; over (2) certain tax credits. The bill provides for a phase-in of such tax and requires an inflation adjustment to the $1 million income threshold for taxable years beginning after 2023. The bill also expresses the sense of the Senate that Congress should enact tax reform that repeals unfair and unnecessary tax loopholes and expenditures, simplifies the tax system, and makes sure that the wealthiest taxpayers pay a fair share of taxes.

118 S1173 IS: Paying a Fair Share Act of 2023 U.S. Senate 2023-04-18 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. 1173 IN THE SENATE OF THE UNITED STATES April 18, 2023 Mr. Whitehouse Ms. Baldwin Mr. Blumenthal Mr. Booker Mr. Durbin Mrs. Feinstein Ms. Hirono Ms. Klobuchar Mr. Markey Mr. Merkley Mr. Padilla Mr. Reed Mr. Sanders Mr. Van Hollen Ms. Warren Committee on Finance A BILL To ensure high-income earners pay a fair share of Federal taxes. 1. Short title This Act may be cited as the Paying a Fair Share Act of 2023 2. Fair share tax on high-income taxpayers (a) In general Subchapter A of chapter 1 VIII Fair Share Tax on High-Income Taxpayers Sec. 59B. Fair share tax. 59B. Fair share tax (a) General rule (1) Phase-in of tax In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of— (A) the amount determined under paragraph (2), and (B) a fraction (not to exceed 1)— (i) the numerator of which is the excess of— (I) the taxpayer's adjusted gross income, over (II) the dollar amount in effect under subsection (c)(1), and (ii) the denominator of which is the dollar amount in effect under subsection (c)(1). (2) Amount of tax The amount of tax determined under this paragraph is an amount equal to the excess (if any) of— (A) the tentative fair share tax for the taxable year, over (B) the excess of— (i) the sum of— (I) the regular tax liability (as defined in section 26(b)) for the taxable year, determined without regard to any tax liability determined under this section, (II) the tax imposed by section 55 for the taxable year, plus (III) the payroll tax for the taxable year, over (ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). (b) Tentative fair share tax For purposes of this section— (1) In general The tentative fair share tax for the taxable year is 30 percent of the excess of— (A) the adjusted gross income of the taxpayer, over (B) the modified charitable contribution deduction for the taxable year. (2) Modified charitable contribution deduction For purposes of paragraph (1)— (A) In general The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as— (i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to (ii) such amount, determined before the application of section 68. (B) Taxpayer must itemize In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. (c) High-Income taxpayer For purposes of this section— (1) In general The term high-income taxpayer (2) Inflation adjustment (A) In general In the case of a taxable year beginning after 2023, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2022 calendar year 2016 (B) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. (d) Payroll tax For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of— (1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such tax is attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during such taxable year, over (2) the deduction allowable under section 164(f) for such taxable year. (e) Special rule for estates and trusts For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). (f) Not treated as tax imposed by this chapter for certain purposes The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55. . (b) Clerical amendment The table of parts for subchapter A of chapter 1 Part VIII—Fair Share Tax on High-Income Taxpayers . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 3. Sense of the Senate regarding tax reform It is the sense of the Senate that— (1) Congress should enact tax reform that repeals unfair and unnecessary tax loopholes and expenditures, simplifies the system for millions of taxpayers and businesses, and makes sure that the wealthiest taxpayers pay a fair share; and (2) this Act is an interim step that can be done quickly and serve as a floor on taxes for the highest-income taxpayers, cut the deficit by billions of dollars a year, and help encourage more fundamental reform of the tax system.

Paying a Fair Share Act of 2023

Medicare and Social Security Fair Share Act This bill increases funding for the Social Security and Medicare trust funds by extending the payroll tax on wages, self-employment income, and investment income to taxpayers with earnings exceeding $400,000. The bill also applies a payroll tax on the pass-through business income of taxpayers earning more than $400,000 (thus eliminating the classification of earned income as distributed business profits).

118 S1174 IS: Medicare and Social Security Fair Share Act U.S. Senate 2023-04-18 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. 1174 IN THE SENATE OF THE UNITED STATES April 18, 2023 Mr. Whitehouse Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase funding for Social Security and Medicare. 1. Short title This Act may be cited as the Medicare and Social Security Fair Share Act 2. Modification of payroll taxes (a) Wage base for taxes funding social security (1) In general Paragraph (1) of section 3121(a) (1) in the case of taxes imposed by sections 3101(a) and 3111(a), for any calendar year in which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $400,000, so much of the remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) with respect to employment that has been paid to an individual by an employer during the calendar year as exceeds such contribution and benefit base but does not exceed $400,000; . (2) Conforming amendments (A) Successor employers Section 3121 (aa) Special rules for successor employers For purposes of subsection (a)(1), if an employer (hereinafter referred to as successor employer) during any calendar year acquires substantially all the property used in a trade or business of another employer (hereinafter referred to as a predecessor), or used in a separate unit of a trade or business of a predecessor, and immediately after the acquisition employs in his trade or business an individual who immediately prior to the acquisition was employed in the trade or business of such predecessor, then, for the purpose of determining the amount of remuneration paid by the successor employer under such subsection, any remuneration (other than remuneration referred to in the paragraphs succeeding paragraph (1) of subsection (a)) with respect to employment paid (or considered under this subsection as having been paid) to such individual by such predecessor during such calendar year and prior to such acquisition shall be considered as having been paid by such successor employer. . (B) Application to railroad retirement taxes Clause (i) of section 3231(e)(2)(A) of such Code is amended to read as follows: (i) In general For any calendar year in which the applicable base is less than $400,000, the term compensation . (b) Further additional hospital insurance tax on very high income taxpayers (1) In general Section 3101(b) (3) Further additional tax In addition to the tax imposed by paragraphs (1) and (2) and the preceding subsection, there is hereby imposed on every taxpayer (other than a corporation, estate, or trust) a tax equal to 1.2 percent of wages which are received with respect to employment (as defined in section 3121(b)) during the taxable year which are in excess of— (A) in the case of a joint return, $500,000, (B) in the case of a married taxpayer (as defined in section 7703) filing a separate return, ½ of the dollar amount determined under subparagraph (A), and (C) in any other case, $400,000. . (2) Collection of tax Section 3102 of such Code is amended by adding at the end the following new subsection: (g) Special rules for further additional tax (1) In general In the case of any tax imposed by section 3101(b)(3), subsection (a) shall only apply to the extent to which the taxpayer receives wages from the employer in excess of $400,000, and the employer may disregard the amount of wages received by such taxpayer's spouse. (2) Collection of amounts not withheld To the extent that the amount of any tax imposed by section 3101(b)(3) is not collected by the employer, such tax shall be paid by the employee. (3) Tax paid by recipient If an employer, in violation of this chapter, fails to deduct and withhold the tax imposed by section 3101(b)(3) and thereafter the tax is paid by the employee, the tax so required to be deducted and withheld shall not be collected from the employer, but this paragraph shall in no case relieve the employer from liability for any penalties or additions to tax otherwise applicable in respect of such failure to deduct and withhold. . (c) Effective date The amendments made by this section shall apply to remuneration paid, and taxable years beginning, on or after January 1 of the first calendar year that begins after the date of enactment of this Act. 3. Modification of taxes on self-employment income (a) Tax on net earnings from self-Employment up to contribution and benefit base and more than $400,000 Paragraph (1) of section 1402(b) (1) in the case of the tax imposed by section 1401(a) for any taxable year beginning in a calendar year in which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $400,000, the excess (if any) of— (A) so much of the net earnings from self-employment which is in excess of— (i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, reduced (but not below zero) by (ii) the amount of the wages paid to such individual during such taxable year, over (B) the sum of— (i) the excess (if any) of— (I) the net earnings from self-employment reduced by the excess (if any) of subparagraph (A)(i) over subparagraph (A)(ii), over (II) $400,000, reduced by such contribution and benefit base, plus (ii) the amount of the wages paid to such individual during such taxable year in excess of such contribution and benefit base and not in excess of $400,000; or . (b) Further additional hospital insurance tax on very high income taxpayers (1) In general Section 1401(b) (3) Further additional tax (A) In general In addition to the tax imposed by paragraphs (1) and (2) and the preceding subsection, there is hereby imposed on every taxpayer (other than a corporation, estate, or trust) for each taxable year a tax equal to 1.2 percent of the self-employment income for such taxable year which is in excess of— (i) in the case of a joint return, $500,000, (ii) in the case of a married taxpayer (as defined in section 7703) filing a separate return, ½ of the dollar amount determined under subparagraph (A), and (iii) in any other case, $400,000. (B) Coordination with FICA The amounts under clause (i), (ii), or (iii) (whichever is applicable) of subparagraph (A) shall be reduced (but not below zero) by the amount of wages taken into account in determining the tax imposed under section 3101(b)(3) with respect to the taxpayer. . (2) No deduction for further additional tax (A) In general Section 164(f) of such Code is amended by striking section 1401(b)(2) paragraphs (2) and (3) of section 1401(b) (B) Deduction for net earnings from self-employment Section 1402(a)(12)(B) of such Code is amended by striking the rate imposed under paragraph (2) of section 1401(b) the rates imposed under paragraphs (2) and (3) of section 1401(b) (3) Technical amendment Section 1401(b)(2)(B) of such Code is amended by striking section 3121(b)(2) section 3101(b)(2) (c) Effective date The amendments made by this section shall apply to net earnings from self-employment derived, and taxable years beginning, on or after January 1 of the first calendar year that begins after the date of enactment of this Act. 4. Taxes on unearned income (a) Modifications to tax on net investment income (1) In general Section 1411 (f) Additional amount for certain high income individuals (1) Inclusion of specified net income (A) In general In the case of any individual whose modified adjusted gross income for the taxable year exceeds the high income threshold amount, subsection (a)(1) shall be applied by substituting the greater of specified net income or net investment income net investment income (B) Phase-in of increase The increase in the tax imposed under subsection (a)(1) by reason of the application of subparagraph (A) (determined before application of paragraph (2)) shall not exceed the amount which bears the same ratio to the amount of such increase (determined without regard to this paragraph) as— (i) the excess described in subparagraph (A), bears to (ii) $100,000 ( 1/2 (2) Additional rate bracket In the case of any individual whose modified adjusted gross income for the taxable year exceeds the high income threshold amount, the amount of tax imposed under subsection (a)(1) shall be increased by an amount equal to 13.6 percent of the lesser of— (A) the greater of the specified net income or net investment income for the taxable year, or (B) the excess (if any) of— (i) the modified adjusted gross income for such taxable year, over (ii) the high income threshold amount. (3) Definitions (A) High income threshold amount For purposes of this subsection, the term high income threshold amount (i) except as provided in clause (ii) or (iii), $400,000, (ii) in the case of a taxpayer making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), $500,000, and (iii) in the case of a married taxpayer (as defined in section 7703) filing a separate return, 1/2 (B) Specified net income For purposes of this section, the term specified net income (i) without regard to the phrase other than such income which is derived in the ordinary course of a trade or business not described in paragraph (2), (ii) without regard to the phrase described in paragraph (2) (iii) without regard to the phrase other than property held in a trade or business not described in paragraph (2) (iv) without regard to paragraphs (2), (3), and (4) of subsection (c), and (v) by treating paragraphs (5) and (6) of section 469(c) (determined without regard to the phrase To the extent provided in regulations, . (b) Application to trusts and estates Section 1411(a)(2) (1) by striking 3.8 percent 17.4 percent (2) in subparagraph (A) thereof, by striking undistributed net investment income the greater of undistributed specified net income or undistributed net investment income (c) Clarifications with respect to determination of net investment income (1) Certain exceptions Section 1411(c)(6) (6) Special rules Net investment income shall not include— (A) any item taken into account in determining self-employment income for such taxable year on which a tax is imposed by section 1401(b), (B) wages received with respect to employment on which a tax is imposed under section 3101(b) (determined without regard to section 3101(c)) or 3201(a) (including amounts taken into account under section 3121(v)(2)), and (C) wages received from the performance of services earned outside the United States for a foreign employer. . (2) Net operating losses not taken into account Section 1411(c)(1)(B) of such Code is amended by inserting (other than section 172) this subtitle (3) Inclusion of certain foreign income (A) In general Section 1411(c)(1)(A) of such Code is amended by striking and over and (iv) any amount includible in gross income under section 951, 951A, 1293, or 1296, over . (B) Proper treatment of certain previously taxed earnings and profits Section 1411(c) of such Code is amended by adding at the end the following new paragraph: (7) Certain earnings and profits of foreign corporations (A) In general Except as otherwise provided by the Secretary, a distribution of earnings and profits that is not treated as a dividend for purposes of chapter 1 by reason of section 959(d) or section 1293(c) shall not be treated as a dividend for purposes of this section. (B) Regulations and other guidance The Secretary shall issue regulations or other guidance providing for the treatment of distributions by a foreign corporation after December 31, 2023, of earnings and profits of such foreign corporation which accrued before such date, but which have not been previously subject to tax under this section. . (d) Transfers of revenues to Old-Age and Survivors, Disability Insurance, and Federal Hospital Insurance Trust Funds (1) Federal Old-Age and Survivors Trust Fund (A) In general Section 201(a) of the Social Security Act ( 42 U.S.C. 401(a) (i) by striking 100 per centum of (ii) by inserting 100 percent of the taxes (iii) by striking and ; and (5) 71.3 percent of the taxes imposed by section 1411 . (B) Conforming amendment The fourth sentence of section 201(a) of such Act ( 42 U.S.C. 401(a) clauses (3) and (4) paragraphs (3), (4), and (5) (2) Federal Disability Insurance Trust Fund Section 201(b) of the Social Security Act ( 42 U.S.C. 401(b) (A) by striking 100 per centum of (B) by striking and ; and (3) 10.3 percent of the taxes imposed by section 1411 . (3) Federal Hospital Insurance Trust Fund Section 1817(a) of the Social Security Act ( 42 U.S.C. 1395i(a) (A) by striking 100 per centum of (B) by inserting 100 percent of the taxes (C) by striking and ; and (3) 28.7 percent of the taxes imposed by section 1411 . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023.

Medicare and Social Security Fair Share Act

Combating Online Fentanyl Trafficking Act This bill requires the Department of Justice to provide incentive pay to an appointee to a position that requires significant cyber skills (i.e., expertise in computers, computer networks, information technology, or the internet) to aid in the detection, prevention, or prosecution of fentanyl trafficking. The incentive pay may be up to 25% of the individual's basic pay.

118 S1175 IS: Combating Online Fentanyl Trafficking Act U.S. Senate 2023-04-18 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. 1175 IN THE SENATE OF THE UNITED STATES April 18, 2023 Ms. Klobuchar Mr. Cornyn Committee on the Judiciary A BILL To establish incentive pay for positions requiring specialized skills to combat fentanyl trafficking, and for other purposes. 1. Short title This Act may be cited as the Combating Online Fentanyl Trafficking Act 2. Incentive Pay Authorities for Positions Requiring Specialized Skills to Combat Fentanyl Trafficking (a) Definition In this Act, the term cyber skills (b) Incentive Pay Subject to the availability of appropriations, and in accordance with the comparable level of the General Schedule, the Attorney General shall provide incentive pay, in an amount that is not more than 25 percent of the basic pay of the individual, to any individual appointed to a position in the Department of Justice that requires significant cyber skills to aid in the detection, prevention, or prosecution of fentanyl trafficking. (c) Limitations Any incentive pay received under subsection (b) by an individual in a position in the Department of Justice— (1) shall be disregarded in calculating the aggregate of the basic pay and premium pay paid to the individual for purposes of the pay period limitation and the annual limitation under section 5547 of title 5, United States Code; and (2) shall be treated as part of basic pay for purposes of section 8331(3) of title 5, United States Code.

Combating Online Fentanyl Trafficking Act

Small Business Taxpayer Bill of Rights Act of 2023 This bill modifies various tax enforcement procedures and requirements that affect small businesses and other taxpayers. The bill modifies requirements regarding awarding costs and fees to small businesses for administrative and court proceedings, the amounts of damages and penalties that are allowed for violating various tax laws, dispute resolution and appeal procedures, enforcing liens against principal residences, terminating Internal Revenue Service (IRS) employees for misconduct, reviews by the Department of the Treasury Inspector General for Tax Administration, and the release of an IRS levy due to economic hardship for business taxpayers. The bill also allows a tax deduction for a portion of a taxpayer's expenses for certain audits, prohibits ex parte communications between officers in the IRS Independent Office of Appeals and other IRS employees with respect to matters pending before the officers, establishes a 10-year term for the National Taxpayer Advocate, and repeals the requirement to submit a partial payment with an offer-in-compromise to settle a tax liability.

118 S1177 IS: Small Business Taxpayer Bill of Rights Act of 2023 U.S. Senate 2023-04-18 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. 1177 IN THE SENATE OF THE UNITED STATES April 18, 2023 Mr. Cornyn Committee on Finance A BILL To provide a taxpayer bill of rights for small businesses. 1. Short title; table of contents (a) Short title This Act may be cited as the Small Business Taxpayer Bill of Rights Act of 2023 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Modification of standards for awarding of costs and certain fees. Sec. 3. Civil damages allowed for reckless or intentional disregard of internal revenue laws. Sec. 4. Modifications relating to certain offenses by officers and employees in connection with revenue laws. Sec. 5. Modifications relating to civil damages for unauthorized inspection or disclosure of returns and return information. Sec. 6. Ban on ex parte discussions. Sec. 7. Right to independent conference. Sec. 8. Alternative dispute resolution procedures. Sec. 9. Increase in monetary penalties for certain unauthorized disclosures of information. Sec. 10. Ban on raising new issues on appeal. Sec. 11. Limitation on enforcement of liens against principal residences. Sec. 12. Additional provisions relating to mandatory termination for misconduct. Sec. 13. Review by the Treasury Inspector General for Tax Administration. Sec. 14. Deduction for expenses relating to certain audits. Sec. 15. Term limit for National Taxpayer Advocate. Sec. 16. Release of IRS levy due to economic hardship for business taxpayers. Sec. 17. Repeal of partial payment requirement on submissions of offers-in-compromise. 2. Modification of standards for awarding of costs and certain fees (a) Small businesses eligible without regard to net worth Subparagraph (D) of section 7430(c)(4) and , and (iii) in the case of an eligible small business, the net worth limitation in clause (ii) of such section shall not apply. . (b) Eligible small business Paragraph (4) of section 7430(c) (F) Eligible small business (i) In general For purposes of subparagraph (D)(iii), the term eligible small business (I) a corporation the stock of which is not publicly traded, (II) a partnership, or (III) a sole proprietorship, if the average annual gross receipts of such corporation, partnership, or sole proprietorship for the 3-taxable-year period preceding such taxable year does not exceed $50,000,000. For purposes of applying the test under the preceding sentence, rules similar to the rules of paragraphs (2) and (3) of section 448(c) shall apply. (ii) Adjustment for inflation In the case of any calendar year after 2023, the $50,000,000 amount in clause (i) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2022 calendar year 2016 If any amount as increased under the preceding sentence is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500. . (c) Effective date The amendments made by this section shall apply to proceedings commenced after the date of the enactment of this Act. 3. Civil damages allowed for reckless or intentional disregard of internal revenue laws (a) Increase in amount of damages (1) In general Section 7433(b) $1,000,000 ($100,000, in the case of negligence) $5,000,000 ($500,000, in the case of negligence) (2) Adjustment for inflation Section 7433 of such Code is amended by adding at the end the following new subsection: (f) Adjustment for inflation In the case of any calendar year after 2023, the $5,000,000 and $500,000 amounts in subsection (b) shall each be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2022 calendar year 2016 If any amount as increased under the preceding sentence is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500. . (b) Extension of time To bring action Section 7433(d)(3) 2 years 5 years (c) Effective date The amendments made by this section shall apply to actions of employees of the Internal Revenue Service after the date of the enactment of this Act. 4. Modifications relating to certain offenses by officers and employees in connection with revenue laws (a) Increase in penalty Section 7214 (1) by striking $10,000 $25,000 (2) by striking $5,000 $10,000 (b) Adjustment for inflation Section 7214 (c) Adjustment for inflation In the case of any calendar year after 2023, the $25,000 amount in subsection (a) and the $10,000 amount in subsection (b) shall each be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2022 calendar year 2016 If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 5. Modifications relating to civil damages for unauthorized inspection or disclosure of returns and return information (a) Increase in amount of damages Subparagraph (A) of section 7431(c)(1) $1,000 $10,000 (b) Adjustment for inflation Section 7431 (i) Adjustment for inflation In the case of any calendar year after 2023, the $10,000 amount in subsection (c)(1)(A) shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2022 calendar year 2016 If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. . (c) Period for bringing action Subsection (d) of section 7431 2 years 5 years (d) Effective date The amendment made by this section shall apply to inspections and disclosure occurring on and after the date of the enactment of this Act. 6. Ban on ex parte discussions (a) In general Notwithstanding section 1001(a)(4) of the Internal Revenue Service Restructuring and Reform Act of 1998, the Internal Revenue Service shall prohibit any ex parte communications between officers in the Internal Revenue Service Independent Office of Appeals and other Internal Revenue Service employees with respect to any matter pending before such officers. (b) Termination of employment for misconduct Subject to subsection (c), the Commissioner of Internal Revenue shall terminate the employment of any employee of the Internal Revenue Service if there is a final administrative or judicial determination that such employee committed any act or omission prohibited under subsection (a) in the performance of the employee’s official duties. Such termination shall be a removal for cause on charges of misconduct. (c) Determination of commissioner (1) In general The Commissioner of Internal Revenue may take a personnel action other than termination for an act prohibited under subsection (a). (2) Discretion The exercise of authority under paragraph (1) shall be at the sole discretion of the Commissioner of Internal Revenue and may not be delegated to any other officer. At the sole discretion of the Commissioner of Internal Revenue, such Commissioner may establish a procedure which will be used to determine whether an individual should be referred to the Commissioner of Internal Revenue for a determination by the Commissioner under paragraph (1). (3) No appeal Any determination of the Commissioner of Internal Revenue under this subsection may not be appealed in any administrative or judicial proceeding. (d) TIGTA reporting of termination or mitigation Section 7803(d)(1)(E) or section 6 of the Small Business Taxpayer Bill of Rights Act of 2023 1998 7. Right to independent conference Section 1001 of the Internal Revenue Service Restructuring and Reform Act of 1998 is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: (c) Right to independent conference Under the organization plan of the Internal Revenue Service, a taxpayer shall have the right to a conference with the Internal Revenue Service Independent Office of Appeals which does not include personnel from the Office of Chief Counsel for the Internal Revenue Service or the compliance functions of the Internal Revenue Service unless the taxpayer specifically consents to the participation of such personnel. . 8. Alternative dispute resolution procedures (a) In general Section 7123 (d) Availability of dispute resolutions (1) In general The procedures prescribed under subsection (b)(1) and the pilot program established under subsection (b)(2) shall provide that a taxpayer may request mediation or arbitration in any case unless the Secretary has specifically excluded the type of issue involved in such case or the class of cases to which such case belongs as not appropriate for resolution under such subsection. The Secretary shall make any determination that excludes a type of issue or a class of cases public within 5 working days and provide an explanation for each determination. (2) Independent mediators (A) In general The procedures prescribed under subsection (b)(1) shall provide the taxpayer an opportunity to elect to have the mediation conducted by an independent, neutral individual not employed by the Internal Revenue Service Independent Office of Appeals. (B) Cost and selection (i) In general Any taxpayer making an election under subparagraph (A) shall be required— (I) to share the costs of such independent mediator equally with the Internal Revenue Service Independent Office of Appeals, and (II) to limit the selection of the mediator to a roster of recognized national or local neutral mediators. (ii) Exception Clause (i)(I) shall not apply to any taxpayer who is an individual or who was a small business in the preceding calendar year if such taxpayer had an adjusted gross income that did not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget, in the taxable year preceding the request. (iii) Small business For purposes of clause (ii), the term small business (3) Availability of process The procedures prescribed under subsection (b)(1) and the pilot program established under subsection (b)(2) shall provide the opportunity to elect mediation or arbitration at the time when the case is first filed with the Internal Revenue Service Independent Office of Appeals and at any time before deliberations in the appeal commence. . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 9. Increase in monetary penalties for certain unauthorized disclosures of information (a) In general Paragraphs (1), (2), (3), and (4) of section 7213(a) $5,000 $10,000 (b) Adjustment for inflation Subsection (a) of section 7213 (6) Adjustment for inflation In the case of any calendar year after 2023, the $10,000 amounts in paragraphs (1), (2), (3), and (4) shall each 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, determined by substituting calendar year 2022 calendar year 2016 If any amount as increased under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. . (c) Effective date The amendments made by this section shall apply to disclosures made after the date of the enactment of this Act. 10. Ban on raising new issues on appeal (a) In general Chapter 77 7531. Prohibition on Internal Revenue Service raising new issues in an internal appeal (a) In general In reviewing an appeal of any determination initially made by the Internal Revenue Service, the Internal Revenue Service Independent Office of Appeals may not consider or decide any issue that is not within the scope of the initial determination. (b) Certain issues deemed outside of scope of determination For purposes of subsection (a), the following matters shall be considered to be not within the scope of a determination: (1) Any issue that was not raised in a notice of deficiency or an examiner's report which is the subject of the appeal. (2) Any deficiency in tax which was not included in the initial determination. (3) Any theory or justification for a tax deficiency which was not considered in the initial determination. (c) No inference with respect to issues raised by taxpayers Nothing in this section shall be construed to provide any limitation in addition to any limitations in effect on the date of the enactment of this section on the right of a taxpayer to raise an issue, theory, or justification on an appeal from a determination initially made by the Internal Revenue Service that was not within the scope of the initial determination. . (b) Clerical amendment The table of sections for chapter 77 Sec. 7531. Prohibition on Internal Revenue Service raising new issues in an internal appeal. . (c) Effective date The amendments made by this section shall apply to matters filed or pending with the Internal Revenue Service Independent Office of Appeals on or after the date of the enactment of this Act. 11. Limitation on enforcement of liens against principal residences (a) In general Section 7403(a) (1) by striking In any case (1) In general In any case ; and (2) by adding at the end the following new paragraph: (2) Limitation with respect to principal residence (A) In general Paragraph (1) shall not apply to any property used as the principal residence of the taxpayer (within the meaning of section 121) unless the Secretary of the Treasury makes a written determination that— (i) all other property of the taxpayer, if sold, is insufficient to pay the tax or discharge the liability, and (ii) such action will not create an economic hardship for the taxpayer. (B) Delegation For purposes of this paragraph, the Secretary of the Treasury may not delegate any responsibilities under subparagraph (A) to any person other than— (i) the Commissioner of Internal Revenue, or (ii) a district director or assistant district director of the Internal Revenue Service. . (b) Effective date The amendments made by this section shall apply to actions filed after the date of the enactment of this Act. 12. Additional provisions relating to mandatory termination for misconduct (a) Termination of unemployment for inappropriate review of tax-Exempt status Section 1203(b) of the Internal Revenue Service Restructuring and Reform Act of 1998 ( 26 U.S.C. 7804 and ; and (11) in the case of any review of an application for tax-exempt status by an organization described in section 501(c) . (b) Mandatory unpaid administrative leave for misconduct Paragraph (1) of section 1203(c) of the Internal Revenue Service Restructuring and Reform Act of 1998 ( 26 U.S.C. 7804 Notwithstanding the preceding sentence, if the Commissioner of Internal Revenue takes a personnel action other than termination for an act or omission described in subsection (b), the Commissioner shall place the employee on unpaid administrative leave for a period of not less than 90 days. (c) Limitation on alternative punishment Paragraph (1) of section 1203(c) of the Internal Revenue Service Restructuring and Reform Act of 1998 ( 26 U.S.C. 7804 The Commissioner Except in the case of an act or omission described in subsection (b)(3)(A), the Commissioner 13. Review by the Treasury Inspector General for Tax Administration (a) Review Subsection (k)(1) of section 412 of title 5, United States Code, is amended— (1) in subparagraph (C), by striking and (2) by redesignating subparagraph (D) as subparagraph (E); (3) by inserting after subparagraph (C) the following new subparagraph: (D) shall— (i) review any criteria employed by the Internal Revenue Service to select tax returns (including applications for recognition of tax-exempt status) for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review in order to determine whether the criteria discriminates against taxpayers on the basis of race, religion, or political ideology; and (ii) consult with the Internal Revenue Service on recommended amendments to such criteria in order to eliminate any discrimination identified pursuant to the review described in clause (i); and ; and (4) in subparagraph (E), as so redesignated, by striking and (C) (C), and (D) (b) Semiannual Report Subsection (g) of section 412 of title 5, United States Code, is amended by adding at the end the following new paragraph: (3) Semiannual reports Any semiannual report made by the Treasury Inspector General for Tax Administration that is required pursuant to section 405(b) shall include— (A) a statement affirming that the Treasury Inspector General for Tax Administration has reviewed the criteria described in subsection (k)(1)(D) and consulted with the Internal Revenue Service regarding such criteria; and (B) a description and explanation of any such criteria that was identified as discriminatory by the Treasury Inspector General for Tax Administration. . 14. Deduction for expenses relating to certain audits (a) In general Subsection (a) of section 62 (22) Expenses relating to certain audits The deduction allowed by section 224. . (b) Deduction for expenses relating to certain audits Part VII of subchapter B of chapter 1 224. Expenses relating to certain audits (a) Allowance of deduction In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to so much of the qualified NRP expenses paid or incurred during the taxable year as does not exceed $5,000. (b) Qualified NRP expenses For purposes of this section, the term qualified NRP expenses (c) Denial of double benefit No deduction shall be allowed under any other provision of this chapter for any amount for which a deduction is allowed under this section. . (c) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 section 224 Sec. 224. Expenses relating to certain audits. Sec. 225. Cross reference. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 15. Term limit for National Taxpayer Advocate (a) In general Subparagraph (B) of section 7803(c)(1) (v) Term The term of the National Taxpayer Advocate shall be a 10-year term, beginning with a term to commence on the date which is 18 months after the date of the enactment of the Small Business Taxpayer Bill of Rights Act of 2023 . (b) Effective date The term of any individual serving as the National Taxpayer Advocate under section 7803(c) 16. Release of IRS levy due to economic hardship for business taxpayers (a) In general Subparagraph (D) of section 6343(a)(1) or including the financial condition of the taxpayer's viable trade or business, or (b) Determination of economic hardship Subsection (a) of section 6343 (4) Determination of economic hardship to business taxpayer In determining whether to release any levy under paragraph (1)(D), the Secretary shall consider— (A) the economic viability of the business, (B) the nature and extent of the hardship created by the levy (including whether the taxpayer has exercised ordinary business care and prudence), and (C) the potential harm to individuals if the business is liquidated. . (c) Effective date The amendments made by this section shall apply to levies made after the date of the enactment of this Act. 17. Repeal of partial payment requirement on submissions of offers-in-compromise (a) In general Section 7122 (b) Conforming amendments (1) Paragraph (3) of section 7122(c) and , and (2) Section 7122 of such Code, as amended by this section, is amended by adding at the end the following new subsection: (g) Application of user fee In the case of any assessed tax or other amounts imposed under this title with respect to such tax which is the subject of an offer-in-compromise, such tax or other amounts shall be reduced by any user fee imposed under this title with respect to such offer-in-compromise. . (3) Section 6159(g) of such Code is amended by striking section 7122(e) section 7122(d) (c) Effective date The amendments made by this section shall apply to offers-in-compromise submitted after the date of the enactment of this Act.

Small Business Taxpayer Bill of Rights Act of 2023

Holocaust Insurance Accountability Act of 2023 This bill allows a beneficiary (or an heir of a beneficiary) of certain insurance policies in effect during the Holocaust to sue in U.S. district court to enforce rights under such policies. An insurance policy covered under this bill must have been (1) in effect at any time between January 31, 1933, and December 31, 1945, and (2) issued to a policyholder domiciled in Nazi-controlled territory or Switzerland. A court shall award to a prevailing beneficiary (1) the amount due under a policy, (2) prejudgment interest of 6% a year, (3) attorney's fees and costs, and (4) treble damages if the insurer acted in bad faith.  An action under this bill or state law related to a covered insurance policy shall be considered timely if filed within 10 years of this bill's enactment. Judgments and agreements entered before this bill's enactment shall not preclude a claim brought under the bill, with certain exceptions. Neither executive agreements between the United States and a foreign government nor U.S. executive foreign policies shall (1) affect or preclude claims brought under this bill, or (2) supersede or preempt any state laws relating to insurance policies covered by this bill.

118 S1179 IS: Holocaust Insurance Accountability Act of 2023 U.S. Senate 2023-04-18 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. 1179 IN THE SENATE OF THE UNITED STATES April 18, 2023 Mr. Rubio Ms. Rosen Mr. Cramer Mr. Scott of Florida Committee on the Judiciary A BILL To provide for the restoration of legal rights for claimants under Holocaust-era insurance policies. 1. Short title This Act may be cited as the Holocaust Insurance Accountability Act of 2023 2. Purposes The purposes of this Act are to— (1) allow for the enforcement of State laws requiring the disclosure of information about Holocaust-era insurance policies, notwithstanding the holding of the Supreme Court of the United States in American Insurance Association v. Garamendi, 539 U.S. 396 (2003) that such laws are preempted by the foreign policy espoused by the executive branch of the Federal Government addressed in that case; (2) facilitate the disclosure of information about Holocaust-era insurance policies under applicable State laws so that citizens of the United States (and other persons on whose behalf such laws were enacted) may know whether they hold any rights under the policies; (3) create a new Federal private cause of action and subject matter jurisdiction to allow the beneficiaries of Holocaust-era insurance policies, many of whom are citizens of the United States, to bring suits in the courts of the United States to recover any proceeds under the policies to which they may be entitled, notwithstanding the defense that such suits are preempted by the executive branch foreign policy addressed in Garamendi, with the State law of the forum or Federal common law providing the rule of decision governing the right of a beneficiary to recover under such policies; (4) foreclose defenses to claims brought under section 4 of this Act arising from any prior judgments or settlement agreements (including the class action judgment and settlement agreement (M21–89, United States District Court for the Southern District of New York) in In re: Assicurazioni General S.p.A. Holocaust Insurance Litigation) that were entered and approved based on the erroneous conclusion that State law claims to recover under Holocaust-era insurance claims are preempted by the executive branch foreign policy addressed in Garamendi; (5) provide for a uniform statute of limitations of 10 years after the date of enactment of this Act in any action to recover under Holocaust-era insurance policies under this Act or State law; and (6) in carrying out the purposes described in paragraphs (1) through (5), preserve the lawmaking powers of Congress under article I of the Constitution of the United States, with which the judicial decisions cited in this section are inconsistent. 3. Definitions In this Act: (1) Beneficiary The term beneficiary (A) a named insured or named beneficiary under a covered policy; and (B) an heir, assignee, or legal representative of a named insured or named beneficiary described in subparagraph (A). (2) Covered policy The term covered policy (A) in effect at any time during the period beginning on January 31, 1933, and ending on December 31, 1945; and (B) issued to a policyholder domiciled in— (i) any area that was occupied or controlled by Nazi Germany; or (ii) the territorial jurisdiction of Switzerland. (3) Insurer The term insurer (A) means any person engaged in the business of insurance (including reinsurance) in interstate or foreign commerce that issued a covered policy; and (B) includes any successor in interest to a person described in subparagraph (A). (4) Nazi germany The term Nazi Germany (A) the Nazi government of Germany; and (B) any government that— (i) had friendly relations with the Nazi government of Germany; (ii) was allied with or controlled by the Nazi government of Germany; or (iii) exercised or claimed sovereignty over any area occupied by the military forces of the Nazi government of Germany. (5) Related company The term related company 15 U.S.C. 6701(g) 4. Private right of action; civil actions (a) Civil actions To recover under covered policies This Act creates a new Federal private cause of action and Federal subject matter jurisdiction for a beneficiary of a covered policy to bring a civil action against the insurer for the covered policy or a related company of the insurer to recover proceeds due under the covered policy or otherwise to enforce any rights under the covered policy. The rule of decision governing the right of a beneficiary to recover under a covered policy shall be the law of the forum State in which the civil action is filed, or Federal common law, at the option of the beneficiary. (b) Nationwide Service of Process For a civil action brought under subsection (a) in a district court of the United States, process may be served in the judicial district where the case is brought or any other judicial district of the United States where the defendant may be found, resides, has an agent, or transacts business. (c) Remedies (1) Damages (A) In general A court shall award to a prevailing beneficiary in a civil action brought under subsection (a)— (i) the amount of the proceeds due under the covered policy; (ii) prejudgment interest on the amount described in clause (i) from the date the amount was due until the date of judgment, calculated at a rate of 6 percent per year, compounded annually; and (iii) any other appropriate relief necessary to enforce rights under the covered policy. (B) Treble damages If a court finds that an insurer or related company of the insurer acted in bad faith, the court shall award damages in an amount equal to 3 times the amount otherwise to be awarded under subparagraph (A). (2) Attorney’s fees and costs A court shall award reasonable attorney’s fees and costs to a prevailing beneficiary in a civil action brought under subsection (a). (d) Limitation A civil action may not be brought under this section on or after the date that is 10 years after the date of enactment of this Act. 5. Effect of prior judgments and releases (a) In general (1) Effect Subject to subsection (b)(1), a judgment or release described in paragraph (2) shall not preclude, foreclose, bar, release, waive, acquit, discharge, or otherwise impair any claim brought under section 4 by any person. (2) Judgments and releases A judgment or release described in this paragraph is— (A) a judgment entered before the date of enactment of this Act for any claim arising under a covered policy in any civil action in a Federal or State court; or (B) an agreement entered into before the date of enactment of this Act under which any person (on behalf of the person, any other person, or a class of persons) agrees not to assert or agrees to waive or release any claim described in subparagraph (A), regardless of whether the agreement is— (i) denominated as a release, discharge, covenant not to sue, or otherwise; or (ii) approved by a court. (b) Rules of construction (1) In general Except as provided in paragraph (2), nothing in this section shall affect the validity or enforceability of any agreement entered into between any claimant under a covered policy and the International Commission on Holocaust Era Insurance Claims or an insurer under which the claimant has agreed to release or waive any claim in consideration for payment under a covered policy. (2) Exception Paragraph (1) shall not apply to any agreement for which the payment is denominated as humanitarian by the International Commission on Holocaust Era Insurance Claims. 6. Effect of executive agreements and executive foreign policy (a) Effect of executive agreements and executive foreign policy on State laws An executive agreement described in subsection (c)(1) and an executive foreign policy described in subsection (c)(2) shall not supercede or preempt the law of any State— (1) relating to a claim under or relating to a covered policy against the insurer for the covered policy or a related company of the insurer; or (2) that requires an insurer doing business in the State or any related company of the insurer to disclose information regarding a covered policy issued by the insurer. (b) Effect of executive agreements and executive foreign policy on claims brought under this Act An executive agreement described in subsection (c)(1) and an executive foreign policy described in subsection (c)(2) shall not compromise, settle, extinguish, waive, preclude, bar, or foreclose a claim brought under section 4. (c) Executive agreements and executive foreign policy covered (1) Executive agreements An executive agreement described in this paragraph is an executive agreement between the United States and a foreign government entered into before, on, or after the date of enactment of this Act. (2) Executive foreign policy An executive foreign policy described in this paragraph is a foreign policy of the executive branch of the Federal Government established before, on, or after the date of enactment of this Act. 7. Effect on State laws Nothing in this Act shall supersede or preempt any State law except to the extent the law of the State conflicts with this Act. 8. Timeliness of actions brought under State law A claim brought under any State law described in section 6(a) shall not be deemed untimely on the basis of any State or Federal statute of limitations or on the basis of any other legal or equitable rule or doctrine (including laches) governing the timeliness of claims if the claim is filed not later than 10 years after the date of enactment of this Act. 9. 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 such provision to any other person or circumstance shall not be affected thereby. 10. Effective date; applicability This Act shall— (1) take effect on the date of enactment of this Act; and (2) apply to any claim relating to a covered policy that is brought before, on, or after the date of enactment of this Act.

Holocaust Insurance Accountability Act of 2023

Bank Management Accountability Act This bill expands the ability of financial regulators to recover compensation from senior executives or directors at failed banks and financial institutions and to impose bans on their future participation at any financial company. The bill authorizes the Federal Deposit Insurance Corporation (FDIC) to recover compensation paid to certain current or former senior executives or directors of an insured depository institution for which FDIC is a receiver or conservator. If a current or former senior executive or director is substantially responsible for the failed condition of the insured depository institution, FDIC may recover any compensation received during the 2-year period prior to FDIC appointment as receiver or conservator of the insured depository institution, except for cases of fraud, where no time limit shall apply. The bill also (1) prohibits liability insurance policies from covering such compensation, and (2) authorizes FDIC to prohibit any further participation by those individuals in the affairs of any financial company for not less than 2 years. Finally, the bill expands the authority of the Board of Governors of the Federal Reserve System and the FDIC to ban senior executives at systemically important financial institutions in receivership from participating for 2 years in the affairs of any financial company. Specifically, the bill removes the requirement that, to be subject to such a ban, the violation must involve personal dishonesty or demonstrate willful or continuing disregard for the company's safety and soundness.

118 S1181 IS: Bank Management Accountability Act U.S. Senate 2023-04-18 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. 1181 IN THE SENATE OF THE UNITED STATES April 18, 2023 Mr. Reed Mr. Grassley Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Deposit Insurance Act to improve financial stability, and for other purposes. 1. Short title This Act may be cited as the Bank Management Accountability Act 2. Systemic risk determination (a) In general Section 13(c)(4)(G) of the Federal Deposit Insurance Act ( 12 U.S.C. 1823(c)(4)(G) (vi) Recoupment of compensation from senior executives and directors (I) In general The Corporation, as receiver or conservator of an insured depository institution under clause (i), may recover from any current or former senior executive or director of the insured depository institution, or of a covered affiliate with respect to the insured depository institution, who is substantially responsible for the failed condition of the insured depository institution, any compensation received during the 2-year period preceding the date on which the Corporation was appointed as the receiver or conservator of the insured depository institution, except that, in the case of fraud, no time limit shall apply. (II) Cost considerations In seeking to recover any compensation under subclause (I), the Corporation shall weigh the financial and deterrent benefits of that recovery against the cost of executing the recovery. (III) Personal liability Any liability insurance policy for a senior executive or director described in subclause (I) shall exclude from coverage any liability under this clause. (vii) Prohibition authority (I) In general The Corporation may take any action authorized by subclause (II), if the Corporation determines that— (aa) a senior executive or a director of an insured depository institution with respect to which the Corporation has taken action or provided assistance under clause (i), or of a covered affiliate with respect to such an insured depository institution, before the appointment of the Corporation as receiver or conservator, has, directly or indirectly— (AA) violated any law or regulation; (BB) violated any cease-and-desist order that has become final; (CC) violated any condition imposed in writing by a Federal agency in connection with any action on any application, notice, or request by the insured depository institution or covered affiliate (as applicable) or the senior executive or director (as applicable); (DD) violated any written agreement between the insured depository institution or covered affiliate (as applicable) and the Federal agency described in subitem (CC); (EE) engaged or participated in any unsafe or unsound practice; or (FF) committed or engaged in any act, omission, or practice that constitutes a breach of the fiduciary duty of that senior executive or director; and (bb) by reason of the violation, practice, or breach described in any subitem of item (aa), that senior executive or director has received financial gain or other benefit, and that violation, practice, or breach contributed to the failure of the insured depository institution. (II) Authorized actions The Corporation may serve upon a senior executive or director with respect to whom the Corporation has made a determination under subclause (I) a written notice of the intention of the Corporation to prohibit any further participation by that individual, in any manner, in the conduct of the affairs of any financial company for a period of time determined by the Corporation to be commensurate with that violation, practice, or breach, except that such period shall be not less than 2 years. (viii) Definitions In this subparagraph: (I) Compensation The term compensation (II) Covered affiliate The term covered affiliate (aa) bank holding company (as defined in section 2(a) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841(a) (bb) savings and loan holding company (as defined in section 10(a) of the Home Owners’ Loan Act ( 12 U.S.C. 1467a(a) (cc) subsidiary of the insured depository institution; or (dd) affiliate (as defined in section 2 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841(k) (III) Director The term director (IV) Financial company The term financial company 12 U.S.C. 5381(a) (V) Senior executive The term senior executive (aa) means any individual who participates or has authority to participate (other than in the capacity of a director) in major policymaking functions of a company, regardless of whether the individual has an official title or the title of the individual designates the individual as an assistant; and (bb) includes the chairman of the board, the president, any vice president, the secretary, the treasurer or chief financial officer, the general partner, and any manager of a company, unless the individual— (AA) is excluded, by resolution of the board of directors, the bylaws, the operating agreement, or the partnership agreement of the company, from participation (other than in the capacity of a director) in major policymaking functions of the company; and (BB) does not actually participate in major policymaking functions of the company. . (b) Regulations The Federal Deposit Insurance Corporation shall promulgate regulations to administer and carry out this section, in a manner that is not less stringent than the manner set forth in section 380.7 of title 12, Code of Federal Regulations (as in effect on the date of enactment of this Act). 3. Orderly liquidation authority Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5381 et seq. (1) in section 210(s) ( 12 U.S.C. 5390(s) (4) Personal liability Any liability insurance policy for a senior executive or director described in paragraph (1) shall exclude from coverage any liability under this subsection. ; and (2) in section 213(b) ( 12 U.S.C. 5393(b) (A) in paragraph (1)(C), by inserting and (B) in paragraph (2), by striking ; and (C) by striking paragraph (3).

Bank Management Accountability Act

340B Reporting and Accountability Act This bill requires providers participating in the 340B drug discount program to ensure patients receive covered outpatient drugs at a price that does not exceed the amount the provider paid, minus any additional discounts or rebates the provider receives. Further, participating providers must report annually information about amounts paid and received for covered outpatient drugs and how any excess revenue was spent.

118 S1182 IS: 340B Reporting and Accountability Act U.S. Senate 2023-04-18 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. 1182 IN THE SENATE OF THE UNITED STATES April 18, 2023 Mr. Kennedy Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to increase the transparency and accountability of the drug discount program, and for other purposes. 1. Short title This Act may be cited as the 340B Reporting and Accountability Act 2. Requirement to provide drug discounts to patients (a) In general Section 340B(a)(5) of the Public Health Service Act ( 42 U.S.C. 256b(a)(5) (1) in subparagraph (C), by striking subparagraphs (A) or (B) subparagraph (A), (B), or (E) (2) in subparagraph (D), by striking subparagraphs (A) or (B) subparagraph (A), (B), or (E) (3) by adding at the end the following: (E) Requirement to provide drug discounts to patients A covered entity shall ensure that each patient who receives a covered outpatient drug from such covered entity is provided such drug at a price that does not exceed the price at which the covered entity purchased the drug in accordance with paragraph (1), less any additional discounts or rebates received by the covered entity with respect to the drug. . (b) Reporting requirements for drug discount program Section 340B(d)(2)(B) of the Public Health Service Act ( 42 U.S.C. 256b(d)(2)(B) (vi) (I) Not later than 1 year after the date of enactment of the 340B Reporting and Accountability Act (aa) the total amount paid by the covered entity during the reporting period for covered outpatient drugs under subsection (a); (bb) the total amount received by the covered entity during the reporting period for such covered outpatient drugs; and (cc) if a covered entity receives any revenue as a result of charging a price for a covered outpatient drug that exceeds the price at which the covered entity purchased the drug, how the covered entity spent such revenue. (II) The Secretary shall make the information reported under subclause (I) publicly available. .

340B Reporting and Accountability Act

Protecting Access for Hunters and Anglers Act of 2023 This bill bars the Department of the Interior and the Department of Agriculture from prohibiting or regulating the use of lead ammunition or tackle on federal land or water that is under the jurisdiction of such departments and made available for hunting or fishing. The bill makes exceptions for specified existing regulations and where the applicable department determines that a decline in wildlife population at the specific unit of federal land or water is primarily caused by the use of lead in ammunition or tackle, based on the field data from such unit, and the state approves the regulations.

118 S1185 IS: Protecting Access for Hunters and Anglers Act of 2023 U.S. Senate 2023-04-18 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. 1185 IN THE SENATE OF THE UNITED STATES April 18, 2023 Mr. Daines Mr. Boozman Mr. Braun Mr. Wicker Mr. Risch Mr. Crapo Mrs. Hyde-Smith Mr. Tillis Mr. Marshall Ms. Lummis Mr. Scott of Florida Mr. Barrasso Mr. Ricketts Mr. Cramer Mr. Mullin Mr. Hoeven Mr. Sullivan Mrs. Fischer Mr. Cotton Mr. Thune Mr. Budd Mrs. Capito Mr. Rounds Mr. Hawley Mr. Tuberville Committee on Environment and Public Works A BILL To prohibit the Secretary of the Interior and the Secretary of Agriculture from prohibiting the use of lead ammunition or tackle on certain Federal land or water under the jurisdiction of the Secretary of the Interior and the Secretary of Agriculture, and for other purposes. 1. Short title This Act may be cited as the Protecting Access for Hunters and Anglers Act of 2023 2. Protecting access for hunters and anglers on Federal land and water (a) In general Except as provided in section 20.21 or 20.108 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act), and subsection (b), the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service or the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the applicable Secretary (1) prohibit the use of lead ammunition or tackle on Federal land or water that is— (A) under the jurisdiction of the applicable Secretary; and (B) made available for hunting or fishing activities; or (2) issue regulations relating to the level of lead in ammunition or tackle to be used on Federal land or water described in paragraph (1). (b) Exception Subsection (a) shall not apply to a prohibition or regulations described in that subsection that are limited to a specific unit of Federal land or water, if the applicable Secretary determines that— (1) a decline in wildlife population at the specific unit of Federal land or water is primarily caused by the use of lead in ammunition or tackle, based on the field data from the specific unit of Federal land or water; and (2) the prohibition or regulations, as applicable, are— (A) consistent with the law of the State in which the specific Federal land or water is located; (B) consistent with an applicable policy of the fish and wildlife department of the State in which the specific Federal land or water is located; or (C) approved by the applicable fish and wildlife department of the State in which the specific Federal land or water is located. (c) Federal register notice The applicable Secretary shall include in a Federal Register notice with respect to any prohibition or regulations that meet the requirements of paragraphs (1) and (2) of subsection (b) an explanation of how the prohibition or regulations, as applicable, meet those requirements.

Protecting Access for Hunters and Anglers Act of 2023

Restricting First Use of Nuclear Weapons Act of 2023 This bill prohibits the use of federal funds to conduct a first-use nuclear strike unless Congress expressly authorizes such a strike pursuant to a declaration of war. A first-use nuclear strike is an attack using nuclear weapons against an enemy that did not first launch a nuclear strike against the United States, its territories, or its allies.

93 S1186 IS: Restricting First Use of Nuclear Weapons Act of 2023 U.S. Senate 2023-04-18 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. 1186 IN THE SENATE OF THE UNITED STATES April 18, 2023 Mr. Markey Mr. Merkley Ms. Warren Mr. Murphy Mr. Van Hollen Ms. Smith Mr. Welch Mr. Sanders Committee on Foreign Relations A BILL To restrict the first-use strike of nuclear weapons. 1. Short title This Act may be cited as the Restricting First Use of Nuclear Weapons Act of 2023 2. Findings and declaration of policy (a) Findings Congress finds the following: (1) The Constitution gives Congress the sole power to declare war. (2) The framers of the Constitution understood that the monumental decision to go to war, which can result in massive death and the destruction of civilized society, must be made by the representatives of the people and not by a single person. (3) As stated by section 2(c) of the War Powers Resolution ( Public Law 93–148 50 U.S.C. 1541 the constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces (4) Nuclear weapons are uniquely powerful weapons that have the capability to instantly kill millions of people, create long-term health and environmental consequences throughout the world, directly undermine global peace, and put the United States at existential risk from retaliatory nuclear strikes. (5) A first-use nuclear strike carried out by the United States would constitute a major act of war. (6) A first-use nuclear strike conducted absent a declaration of war by Congress would violate the Constitution. (7) The President has the sole authority to authorize the use of nuclear weapons, an order which military officers of the United States must carry out in accordance with their obligations under the Uniform Code of Military Justice. (8) Given its exclusive power under the Constitution to declare war, Congress must provide meaningful checks and balances to the President’s sole authority to authorize the use of a nuclear weapon. (b) Declaration of policy It is the policy of the United States that no first-use nuclear strike should be conducted absent a declaration of war by Congress. 3. Prohibition on conduct of first-use nuclear strikes (a) Prohibition No Federal funds may be obligated or expended to conduct a first-use nuclear strike unless such strike is conducted pursuant to a war declared by Congress that expressly authorizes such strike. (b) First-Use nuclear strike defined In this section, the term first-use nuclear strike 22 U.S.C. 2753(b)(2)

Restricting First Use of Nuclear Weapons Act of 2023

Fairness to Freedom Act of 2023 This bill establishes a right to legal representation in certain immigration proceedings (e.g., removal and immigration bond hearings) at the government's expense for individuals who cannot afford representation. The bill also establishes various entities to facilitate such legal representation. Currently, individuals in these immigration proceedings may be represented by counsel but not at government expense. The bill addresses various issues related to such legal representation, including (1) the scope of the representation, (2) criteria for determining whether the individual is financially unable to afford representation, and (3) requirements relating to allowing the individual to meet with their lawyer and receiving relevant documents. Immigration proceedings may not commence until counsel has been appointed. The bill also establishes the Office of Immigration Representation to ensure that qualified individuals who cannot afford legal representation receive the representation as required by this bill. The office's duties shall include establishing (1) administrative regions throughout the United States, and (2) a local immigration representation board for each region. The local boards must, subject to the office's approval, develop and implement plans for providing legal representation under this bill. To provide such legal representation, the local boards may (1) establish one or more immigrant public defender organizations, (2) contract with existing community defender organizations, and (3) establish a panel attorney system. The bill establishes minimum funding requirements for the office.

118 S1187 IS: Fairness to Freedom Act of 2023 U.S. Senate 2023-04-18 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. 1187 IN THE SENATE OF THE UNITED STATES April 18, 2023 Mrs. Gillibrand Mr. Booker Mr. Padilla Mr. Markey Mr. Sanders Ms. Warren Mr. Merkley Committee on the Judiciary A BILL To establish the right to counsel, at Government expense for those who cannot afford counsel, for people facing removal. 1. Short title; table of contents (a) Short title This Act may be cited as the Fairness to Freedom 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—Guaranteeing the right to counsel Sec. 101. Guaranteeing and expanding the right to counsel. Sec. 102. Public charge. TITLE II—Office of Immigration Representation Sec. 201. Definitions. Sec. 202. Establishment; purpose; independence. Sec. 203. Board of Directors. Sec. 204. Director. Sec. 205. Employees. Sec. 206. Local immigration representation boards. Sec. 207. Types of immigration defenders. Sec. 208. Compensation and reimbursement of counsel expenses. Sec. 209. Services other than counsel. Sec. 210. Immigration Representation Advisory Board. TITLE III—Authorization of appropriations Sec. 301. Authorization of appropriations. Sec. 302. Minimum funding for the Office of Immigration Representation. I Guaranteeing the right to counsel 101. Guaranteeing and expanding the right to counsel Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 292. Right to counsel (a) In general Any individual in any removal, exclusion, deportation, bond, or expedited removal proceeding under section 212(d)(5)(A), 235(b)(1)(B), 236, 238, 240, or 241 or in any matter related to any such proceeding before U.S. Citizenship and Immigration Services, any State court, or any court created under article III of the Constitution of the United States, any individual who is financially unable to obtain representation subject to such proceeding shall be entitled to legal representation at Government expense in accordance with this section. (b) Matters included Proceedings and matters referred to in subsection (a) shall include— (1) petitions for a writ of habeas corpus under section 2241 of title 28, United States Code, or any other similar proceeding; (2) administrative and judicial proceedings for individuals who may be eligible for special immigrant juvenile status under section 101(a)(27)(J)(ii); (3) applications before the U.S. Citizenship and Immigration Services related to relief from removal, and post-conviction relief in criminal proceedings; (4) post-conviction relief in criminal proceedings; and (5) any other legal proceeding involving an individual described in subsection (a) that is related to such individual's legal status in the United States. (c) Scope of counsel (1) Advocacy Consistent with Rule 1.3 of the American Bar Association's Model Rules of Professional conduct, attorneys and other persons providing representation to individuals in proceedings or matters described in subsection (a) shall— (A) act with reasonable diligence, promptness, commitment, and dedication to the interests of the client and with zeal in advocating on the client’s behalf; and (B) hold the Government to its burden by presenting the fullest defense possible in each such proceeding or matter. (2) Scope of representation Representation under this section shall include— (A) counsel and interpretation and translation services; and (B) any other services that are necessary for effective representation, including the services described in section 209 of the Fairness to Freedom Act of 2023 (3) Commencement of representation (A) In general The right to counsel of a person detained in, or released from, the custody of the Department of Homeland Security or the Department of Health and Human Services shall attach at the earlier of— (i) the placement of the person in the custody of either department, regardless of whether the person has been formally placed in a proceeding described in subsection (a); or (ii) the issuance to the person of a Notice to Appear or other document initiating proceedings under section 235, 238, 240, or 241. (B) Clarification The appointment of counsel based on the issuance of a Notice to Appear shall occur regardless of whether the Notice to Appear has been filed with the immigration court. The appointment of counsel for a detained person shall occur as soon as possible, but in no event later than 24 hours after such person is taken into the custody of the Department of Homeland Security. (4) Continuous representation (A) In general An individual for whom counsel is appointed under this section shall be represented continuously at every stage of proceedings beginning with the initial appearance before any official with adjudicatory authority and including any proceedings before the Immigration Courts, the Board of Immigration Appeals, Federal district courts, Federal courts of appeal, and the United States Supreme Court, including ancillary matters related to the proceedings described in subsection (a), and ending when all such proceedings have concluded. (B) Appointment of different counsel If the nature of the representation needed by a person in proceedings under this section requires the appointment of different representatives for different stages of such proceedings, all such representatives shall comply with the minimum standards of representation described in paragraph (1). (C) Appointment of new counsel after relocation The Office of Immigration Representation established under section 202 of the Fairness to Freedom Act of 2023 (5) Construction This subsection shall be broadly construed to attach in any proceeding and related matter, including any petition for review or appellate process, request for re-interview, request for reconsideration, and motion to reopen, arising from a proceeding or matter described in subsection (a). (d) Eligibility and commencement of immigration proceedings (1) Notification A proceeding described in subsection (a) shall not commence until counsel has been appointed to represent the individual subject to such proceeding. If such a proceeding has already commenced without the appointment of counsel, such proceeding shall be paused until such counsel is appointed. Before commencing a proceeding described in subsection (a), the adjudicatory official, who may be an official of U.S. Immigration and Customs Enforcement or of U.S. Customs and Border Protection, under a plan approved by the Office of Immigration Representation, shall notify the individual subject to such proceeding that— (A) such individual has the right to be represented by counsel; and (B) counsel will be appointed to represent such individual before the commencement of such proceeding if the individual— (i) has not retained private counsel; and (ii) is financially unable to obtain counsel. (2) Determination of financial ability to obtain counsel (A) In general An individual shall be deemed to be financially unable to obtain counsel under paragraph (1)(B)(ii) if the individual’s net financial resources and income are insufficient to obtain qualified counsel. (B) Eligibility for counsel An individual who makes a sworn statement to the adjudicatory official referred to in subsection (a) that he or she is a member of a family whose income is not more than 200 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) (3) Access to pertinent documents and information (A) In general An individual described in subsection (a) and his or her counsel shall automatically receive a complete copy of all documents and information pertaining to such individual that are in the possession of the Department of Homeland Security or the Department of Health and Human Services, including documents obtained from other Government agencies, unless the disclosure of any such document or information is barred by privilege or otherwise prohibited by law. (B) Records Not later than 7 days after counsel is appointed to represent an individual under this Act, the Director of U.S. Citizenship and Immigration Services shall— (i) provide such individual and counsel with a complete copy of the individual’s immigration file (commonly known as the A-file (ii) facilitate the provision to such individual and counsel of a copy of any Record of Proceeding that is in the possession of the Department of Homeland Security, the Department of Health and Human Services, or the Department of Justice (other than documents protected from disclosure under section 552(b) of title 5, United States Code). (4) Restriction A proceeding described in subsection (a) may not commence before the date that is 10 days after the date on which the individual, or the individual's counsel, has received all of the documents described in paragraph (3), in order to review and assess such documents, unless the individual or his or her counsel knowingly and voluntarily waives such restriction. (e) Appointment of counsel (1) Notification requirement If an individual who is entitled to representation under this section is not represented by counsel, the adjudicatory official shall— (A) notify the Local Administrator appointed pursuant to section 206(k)(3) of the Fairness to Freedom Act of 2023 (B) advise such individual— (i) of his or her right to be represented by counsel; and (ii) that such counsel will be appointed if such person is financially unable to obtain counsel. (2) Waiver An individual's right to be represented by appointed counsel may only be waived by the individual— (A) in the physical presence of appointed counsel; (B) if such waiver is knowing and voluntary; and (C) if the individual demonstrates that he or she— (i) understands the nature of any charges and the possible defenses and outcomes; and (ii) possesses the knowledge and intelligence necessary to conduct his or her own defense. (3) Appeal of waiver; retroactive appointment Counsel may appeal any putative waiver to the Office of Immigration Representation established under section 202 of the Fairness to Freedom Act of 2023 (4) Appointment of counsel Unless an individual waives representation by counsel pursuant to paragraph (2), the Local Administrator, upon notification that an individual may meet the criteria for appointed counsel, shall appoint counsel for such individual in accordance with the Local Plan developed pursuant to section 206(k)(1) of the Fairness to Freedom Act of 2023 (5) Appointment of separate counsel The Local Administrator shall appoint separate counsel for individuals who are subjected to the same proceeding or related proceedings if— (A) the interests of such individuals cannot, consistent with ethical responsibilities and manageable workloads, be properly be represented by a single counsel; or (B) the Local Administrator demonstrates another good cause for appointing separate counsel. (6) Consolidated cases (A) In general Subject to paragraph (5) and except as provided in subparagraph (B), if the Attorney General consolidates the case of an individual for whom counsel was appointed pursuant to subsection (a) with the case of another individual without counsel, the counsel appointed pursuant to subsection (a) shall be appointed to represent such other individual unless a conflict of interest would prevent joint representation. (B) Conflict of interest If a conflict of interest prevents joint representation under subparagraph (A), the Local Administrator shall appoint separate counsel for the individuals referred to in such subparagraph unless the Local Administrator demonstrates that there is a good cause for not appointing separate counsel. (7) Change of financial circumstances during proceedings If an individual who has retained counsel becomes financially unable to pay such counsel and is eligible for appointed counsel under this section, the Local Administrator may appoint counsel for such individual in accordance with this section. (8) Substitution of counsel The Local Administrator, in the interests of justice, upon a showing of good cause, and consistent with ethical requirements applicable to attorneys practicing in the region, substitute an appointed counsel for another appointed counsel at any stage of a proceeding referred to in subsection (a). (f) Access to counsel (1) In general If an individual is subject to proceedings described in subsection (a) or to detention or inspection at a port of entry, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, or the Office of Refugee Resettlement, as appropriate, shall— (A) facilitate access for such individual to counsel; and (B) ensure that counsel appointed under this section is permitted to meet in person with such individual in a confidential, private setting when requested during the first 12 hours the individual is detained and as soon as practicable after subsequent meeting requests. (2) Alternative meeting options If counsel appointed pursuant to this section cannot personally meet with an individual described in paragraph (1) to whom such counsel was appointed to represent, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, or the Office of Refugee Resettlement, as appropriate, at the request of such individual or the counsel of the individual, shall provide alternative options through which counsel may communicate with such individual remotely in a confidential, private manner during the first 12 hours such individual is detained and as soon as practicable after subsequent meeting requests. (3) Effect of failure to provide timely access to counsel If U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, or the Office of Refugee Resettlement, as applicable, fails to timely provide an individual with access to counsel in accordance with paragraph (1) or (2), no statement made by the individual before such access has been made available may be introduced into evidence against the respondent except on a motion by the appointed counsel, who shall be entitled to a continuance in the proceedings giving rise to the appointment of such counsel. (4) Limitation An individual held or detained at a port of entry may not submit a valid Record of Abandonment of Lawful Permanent Resident Status or Withdrawal of Application for Admission if U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement has failed to provide such individual with access to counsel in accordance with this section. (5) Institutional hearing program Individuals held in Federal, State, or local criminal custody who are placed in any proceeding described in subsection (a) shall be ensured access to counsel consistent with the requirements of this section. No statement made by the respondent before such access has been made available may be introduced into evidence against the respondent except on appointed counsel’s own motion. Counsel shall be entitled to a continuance in the proceedings giving rise to his or her appointment. (6) Termination of proceedings If the Local Administrator fails to provide counsel to an individual in accordance with this section, the Secretary of Homeland Security or the Attorney General, as appropriate, shall terminate any proceedings involving such individual with prejudice. . 102. Public charge Seeking or receiving appointed counsel under section 292 of the Immigration and Nationality Act, as amended by section 101, may not be serve as the basis for any determination that the individual seeking or receiving such services is likely to become a public charge for the purposes of determining the admissibility, removability, excludability, or deportability of such individual under such Act, or in any other proceeding in which such individual’s likelihood of becoming a public charge is at issue for immigration purposes. II Office of Immigration Representation 201. Definitions In this title: (1) Board The term Board (2) Director The term Director (3) Immigration public defender organization The term Immigration Public Defender Organization (4) Local board The term Local Board (5) Office The term Office (6) Panel attorney The term Panel Attorney 202. Establishment; purpose; independence (a) Establishment There is established in the District of Columbia a private nonprofit corporation, which shall be known as the Office of Immigration Representation. (b) Purpose The purpose of the Office shall be to ensure high-quality legal representation and related services to all individuals described in section 292(a) of the Immigration and Nationality Act, as amended by section 101, who cannot afford representation. (c) Independence Except as otherwise provided in this Act, the Office shall exercise its authority independently of any Government official, agency, or department, including the Department of Justice, the Department of Homeland Security, and the Department of Health and Human Services. 203. Board of Directors (a) Number and appointment (1) In general The Office shall be governed by a Board of Directors, consisting of 24 members who shall be appointed not later than 1 year after the date of the enactment of this Act, in accordance with paragraph (2). (2) Initial judicial appointments (A) In general Subject to subparagraphs (B) and (C), the chief judge of each United States Court of Appeals (except for the chief judge for the Federal Circuit) shall appoint 2 individuals to the Board who meet the requirements set forth in subsection (b). (B) Staggered terms of service The terms of service of the members of the Board appointed pursuant to subparagraph (A) shall be staggered so that— (i) 6 members serve an initial term of 1 year; (ii) 6 members serve an initial term of 2 years; (iii) 6 members serve an initial term of 3 years; and (iv) 6 members serve an initial term of 4 years. (C) Circuits (i) Eastern circuits The chief judge of the 1st, 2nd, 3rd, 4th, 11th, and DC Circuit Courts of Appeals shall appoint 1 individual to serve an initial term of 1 year and 1 individual to serve an initial term of 4 years. (ii) Remaining circuits The chief judge of the 5th, 6th, 7th, 8th, 9th, and 10th Circuit Courts of Appeals shall appoint 1 individual to serve an initial term of 2 years and 1 individual to serve an initial term of 3 years. (3) Immigration Representation Advisory Board appointments (A) Initial appointments Upon the expiration of the initial term of the 6 members of the Board who were appointed to 1-year terms pursuant to paragraph (2)(B)(i), the Immigration Representation Advisory Board established under section 210 shall appoint to 4-year terms— (i) 6 members of the Board; (ii) an Immigration Public Defender, who shall serve as a nonvoting, ex-officio member of the Board; and (iii) a Panel Attorney, who shall serve as a nonvoting, ex-officio member of the Board. (B) Subsequent appointments Upon the expiration of the initial term of the 6 members of the Board who were appointed to 2-year terms pursuant to paragraph (2)(B)(ii), the Immigration Representation Advisory Board established under section 210 shall appoint 6 members of the Board to 4-year terms. The Immigration Representation Advisory Board shall also appoint individuals to replace any member of the Board who had been appointed by the Advisory Board, upon the expiration of such member's term. (4) Subsequent judicial appointments (A) In general Upon the expiration of the term of any member of the Board appointed by a chief judge to a 3-year or 4-year term, such chief judge shall appoint an individual to the Board from a list of 5 qualified individuals nominated, by majority vote, by a committee consisting of— (i) the head of each Immigration Public Defender Organization that is headquartered within the corresponding circuit; (ii) the head of each Community Defender Office that is headquartered within the corresponding circuit; and (iii) panel attorney representatives within the corresponding circuit. (B) Failure to produce list If a committee described in subparagraph (A) from a circuit does not provide a list of 5 Board nominees to the chief judge of the corresponding circuit before the date that is 30 days after the expiration of the term of service of a member of the Board representing such circuit, the chief judge of such circuit may appoint an individual to replace such member of the Board without regard to nominations. (b) Restrictions on membership (1) Qualifications Each individual appointed to the Board pursuant to subsection (a)— (A) shall be nonpartisan; (B) shall have significant experience representing persons in proceedings described in section 292(a) of the Immigration and Nationality Act, as amended by section 101 of this Act; and (C) shall have demonstrated a strong commitment to representation in indigent defense matters. (2) Diversity In making appointments to the Board under subsection (a), chief judges and the Immigration Representation Advisory Board shall seek to appoint individuals, in the aggregate, who reflect the characteristics of the population represented by counsel appointed pursuant section 292 of the Immigration and Nationality Act, including the characteristics of race, gender identity, sexual orientation, immigration experience, and socioeconomic background. (3) Disqualifying characteristics A member of the Board, while serving in such capacity, may not be— (A) an employee of the Office, a member of a Local Board, an Immigration Public Defender Organization, or a community defender office. or a Panel Attorney, unless he or she is serving as an ex-officio member of the Board; (B) a judge or employee of any Federal or State court, any immigration court, or the Board of Immigration Appeals; or (C) a prosecutor or law enforcement officer, an employee of a prosecutor’s office or law enforcement agency, or any person who has held any such position during the 3-year period immediately preceding his or her appointment to the Board. (c) Term of membership (1) Maximum length of service No member of the Board may serve more than 2 terms, except that a person who was appointed to serve a 1-year term may be appointed to 2 additional 4-year terms. (2) Replacement members A person who is appointed to replace a member who resigned or was removed— (A) shall serve the remainder of the term of such member; and (B) may be appointed to serve up to 2 additional 4-year terms. (d) Vacancies (1) Members selected by a chief judge Not later than 90 days after the creation of a vacancy arising from a Board member position selected by a chief judge, the committee described in subsection (a)(2)(A) from the corresponding circuit shall submit a list of 5 qualified nominees to such chief judge, who shall appoint 1 of such nominees as the new member of the Board. (2) Failure to produce list If the committee fails to submit the list required under paragraph (1) before the deadline, the chief judge may make a selection without regard to nominations. (3) Members selected by the immigration representation advisory board Not later than 90 days after the creation of a vacancy arising from a Board member position selected by the Immigration Representation Advisory Board, the Immigration Representation Advisory Board shall appoint a new member of the Board to fill such vacancy. (e) Rates of pay; travel expenses (1) Rates of pay Members shall be paid for their services on the Board at a rate not to exceed the daily rate at which judges of the United States courts of appeals are compensated. No member may be paid for more than 90 days in any calendar year. (2) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 (f) Chairperson The Chairperson of the Board shall be elected by the members and shall serve for a 2-year term, which may be renewed once by the Board for an additional 2-year term. (g) Removal of members The members of the Board, by a vote of 13 members, may remove a member from the Board for— (1) malfeasance in office; (2) persistent neglect of, or inability to discharge, Board duties; or (3) conduct unbecoming of a member of the Board. (h) Quorum A quorum for purposes of conducting Board business shall be a majority of the members of the Board presently serving. (i) Voting All members of the Board are entitled to vote on any matters coming before the Board unless otherwise provided by rules adopted by the Board concerning voting on matters in which a member has, or appears to have, a financial or other personal interest. (j) Bylaws The Board shall adopt bylaws governing the operation of the Board, which may include provisions authorizing other officers of the Board and governing proxy voting, telephonic and video meetings, and the appointment of committees. (k) Duties of the Board The Board shall— (1) appoint a Director of the Office not later than 2 months after the establishment of the Board— (A) who shall be selected on the basis of training, experience, and other relevant qualifications; and (B) who shall serve at the pleasure of the Board; (2) convene a meeting not later than 4 months after the establishment of the Board, and not less frequently than quarterly thereafter; (3) submit appropriations requests to Congress for the provision of legal services to individuals represented by counsel in proceedings described in section 292(a) of the Immigration and Nationality Act, as amended by section 101(a); (4) submit an annual report to Congress and the President that— (A) describes the operation of the Office and the delivery of services required under section 292 of the Immigration and Nationality Act; and (B) includes— (i) the number of people who were provided legal services during the reporting period pursuant to such section 292 and the types of proceedings in which such people were represented; (ii) the custodial status of the people who were represented; (iii) aggregate case outcomes for the people who were represented; and (iv) the status of appointments and vacancies on the Board and Local Boards; (5) complete and submit to Congress and to the President every 7 years a comprehensive review and evaluation of the implementation of this Act, including the identification of the resources needed to carry out the requirements under this Act and the amendments made by this Act for the foreseeable future; (6) make the reports described in paragraphs (4) and (5) publicly available at the time they are submitted to Congress and to the President; (7) establish and maintain standards for the provision of representation that are consistent with appointed counsel’s duty to provide representation under section 292 of the Immigration and Nationality Act, including— (A) the minimum experience, skill, performance, and other qualifications for participation as appointed counsel; (B) ongoing training, professional development, and mentorship and supervision required to remain eligible to serve as appointed counsel under such section 292; (C) reasonable, manageable, and sustainable appointed counsel caseloads that are consistent with appointed counsel’s primary duty to provide representation to individuals described in such section 292; (D) the elements to be evaluated during performance reviews of appointed counsel to determine whether they complied with their duty to provide representation under such section 292; (E) how to provide adequate representation of clients whose cases present conflicts of interest; and (F) ensuring continued representation in circumstances in which clients move or are transferred, or where cases are transferred or change venue; (8) evaluate plans submitted by Local Boards for the provision of representation of individuals before U.S. Citizenship and Immigration Services in matters described in section 292 of the Immigration and Nationality Act, after taking into account the ability of such plans to provide such representation, and approve such plans if they meet applicable legal requirements of law and are consistent with the policies of the Office; (9) review the implementation of plans approved by the Board not less frequently than once every 4 years to ensure that each Local Board complies with the plan approved by the Board; (10) establish policies and procedures with respect to compensation rates and reimbursement of reasonable expenses for appointed counsel under such section 292 and others providing services related to such representation; (11) establish procedures to obtain investigators, experts, interpreters, and other providers of defense services necessary for effective representation of individuals who are entitled to counsel under section 292 of the Immigration and Nationality Act; (12) establish procedures for the reimbursement of reasonable expenses of attorneys, investigators, experts, interpreters, and other persons providing representation and related services under such section 292; (13) approve staffing levels and budgets for Immigration Public Defender Organizations; (14) approve staffing levels and budgets for the Office; and (15) establish a mechanism for the submission, review, resolution, and reporting of complaints from individuals entitled to counsel under section 292 of the Immigration and Nationality Act regarding such representation. (l) Powers of the Board The Board is authorized— (1) to delegate any of its duties, in whole or in part, to the Director, except for the duties described in paragraphs (1), (7), (13) and (14) of subsection (k); (2) to alter or revoke any such delegation to the Director; (3) to provide to Congress information regarding the immigration system that the Board considers relevant to the purpose of the Office; (4) to authorize studies or reports that relate to the purpose of the Office; (5) to combine Local Boards or divide an area served by a Local Board if the Board determines that such action is necessary to carry out the purposes of this section; (6) to remove, by a vote of at least 13 members, a member or members of a Local Board for malfeasance in office, persistent neglect of or inability to discharge duties, or conduct unbecoming of a member of the Local Board; (7) to seek, accept, and use public grants, private contributions, and voluntary and uncompensated (gratuitous services) to assist the Board in carrying out the purposes of this Act and other services related to such purposes; and (8) to take any other action that is reasonably necessary and not inconsistent with the Act to carry out the purposes of this Act. 204. Director (a) Requirements The Director of the Office— (1) shall be a licensed attorney in good standing in any United States jurisdiction at the time of his or her appointment and at all times during his or her service as the Director; (2) shall be experienced in representing people in proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101 of this Act; and (3) may not be a member of the Board. (b) Duties The Director shall— (1) appoint and fix the compensation of employees of the Office; (2) establish a personnel management system for the Office that provides for the appointment, pay, promotion, and assignment of all employees on the basis of merit, but without regard to the provisions of subchapter I of chapter 33 (3) employ such personnel as may be necessary to advance the purposes of the Office, subject to staffing and budget approval of the Board; (4) provide an annual report to the Board regarding the activities of the Office; (5) provide such periodic reports and work product to the Board sufficient for the Board to fulfill its duties under section 203(k); (6) allocate and disburse funds appropriated for legal representation and related services in cases subject to this Act pursuant to rules and procedures established by the Board; (7) enter into contracts to provide or receive services with any public or private agency, group, or individual; (8) appoint a Local Administrator for each region to administer and approve, subject to the policies established by the Board, the payment of funds necessary for Panel Attorney representation, including Panel Attorney compensation, investigators, experts, and other providers of representation services, and any other necessary expenses for effective representation; (9) assist the Board in developing rules and standards for the delivery of services under this Act; (10) coordinate the services funded by the Office with any Federal, state, county, local, or private programs established to provide legal assistance to persons in cases subject to this Act who are unable to afford representation; (11) consult with professional bodies concerning improving the administration of legal representation for persons in proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101 of this Act; and (12) perform such other duties as may be assigned by the Board. 205. Employees (a) In general Employees of the Office shall be treated as employees of the Federal Government solely for purposes of— (1) subchapter 1 of chapter 81 (2) chapter 83 of such title 5 (relating to retirement); (3) chapter 84 of such title 5 (relating to the Federal Employees’ Retirement System); (4) chapter 87 of such title 5 (relating to life insurance); and (5) chapter 89 of such title 5 (relating to health insurance). (b) Employer contributions The Office shall make contributions on behalf of employees of the Office under the provisions referred to in subsection (a) at the same rates applicable to employees of agencies of the Federal Government. (c) Thrift Savings Plan Employees of the Office may make an election under section 8351 or 8432 of title 5, United States Code, to participate in the Thrift Savings Plan for Federal employees. 206. Local immigration representation boards (a) Establishment Not later than 6 months after the date on which the Board is established pursuant to section 203(a), the Office shall delineate administrative regions throughout the United States and establish a local immigration representation board for each region. (b) Composition of Local Boards (1) In general Subject to subsection (c), each Local Board shall consist of not fewer than 5 member and not greater than 15 members, who shall initially be selected by the Board after consultation with stakeholders in the Local Board’s region, including immigration legal service providers, community-based organizations, and people who are or have been subject to proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101. (2) Attorneys Not fewer than 50 percent of the members of a Local Board selected pursuant to paragraph (1) shall be— (A) licensed attorneys with experience in the practice of removal defense; or (B) employees of community-based organizations providing services to immigrants. (3) Subsequent members After the initial members are selected pursuant to paragraph (1), each Local Board shall select its own members in accordance with bylaws that have been approved by the Office. (c) Qualification of members (1) Experience; commitment Members of a Local Board shall have— (A) significant experience defending cases described in section 292 of the Immigration and Nationality Act, as amended by section 101; and (B) demonstrated a strong commitment to representation in indigent defense matters. (2) Diversity The composition of each Local Boards shall reflect the diversity of the population that counsel appointed pursuant to such section 292 are responsible for representing, including diversity of race, gender identity, sexual orientation, immigration experience, and socioeconomic background. (3) Restrictions A member of a Local Board may not— (A) be an employee of an Immigration Public Defender Organization or Community Defender Organization with a contract to provide representation under such section 292; (B) be a member of an Attorney Panel referred to in section 207(d); (C) be a judicial officer of the United States or of a State, territory, district, possession, or commonwealth of the United States; (D) be employed as a prosecutor, a law enforcement official, or a judicial official, or by a prosecutorial or law enforcement agency; or (E) have held a position described in subparagraph (D) during the 3-year period immediately preceding his or her appointment to the Board. (d) Term of members of a Local Board (1) In general Members of a Local Board shall serve 4-year terms, except that the terms of the initial members shall be staggered so that the term of not more than 50 percent of the members expire during any calendar year. (2) Maximum length of service A person may not serve for more than 9 years on a Local Board. (3) Replacement members A person who is appointed to replace a member who has resigned or was removed shall serve the remainder of the term of such departing person. (e) Compensation of members of a Local Board (1) In general Members of any Local Board shall be paid for their service at the daily rate at which judges of the United States courts of appeals are compensated, but may not be paid for more than 90 days of such service in any calendar year. (2) Travel expenses Members of any Local Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 (f) Chair of Local Board Each Local Board shall elect a member of the Local Board to serve as chair for 2 years, which term shall begin on the date of election. Such chair may be reelected to extend such service for an additional 2-year term. (g) Removal of member of Local Board Each Local Board, by a majority vote of the full membership, may remove a member from the Local Board for— (1) malfeasance in office; (2) persistent neglect of, or inability to discharge, Local Board duties; or (3) conduct unbecoming of a member of the Local Board. (h) Quorum of Local Board A majority of the full membership of the Local Board shall constitute a quorum for the purpose of conducting business. (i) Local Board governance Each Local Board shall adopt bylaws governing the operation of the Local Board, which may include provisions authorizing other officers of the Local Board and proxy voting. (j) Dissolution of Local boards The Board, upon a 2/3 (k) Duties of Local Boards (1) Local plans (A) In general Each Local Board— (i) not later than 120 days after the Local Board is established, shall develop and submit to the Office for approval a Local Plan for the provision of representation services for the region served by the Local Board; (ii) shall implement the Local Plan after it has been approved by the Office; (iii) may modify the Local Plan at any time, subject to the approval of the Office; and (iv) shall modify the Local Plan if so directed by the Office. (B) Components; development Each Local Plan developed pursuant to subparagraph (A)— (i) shall provide for the appointment of counsel in a timely manner in accordance with this Act; (ii) shall be developed in consultation with U.S. Citizenship and Immigration Services to ensure that it adequately encompasses proceedings described in section 292 of the Immigration and Nationality Act that are within the jurisdiction of U.S. Citizenship and Immigration Services; (iii) shall consider the existence of any State, county, or locally funded programs providing representation to people in proceedings described in such section 292; (iv) may provide grants or reimbursements to jurisdictions with programs described in clause (iii) that provide representation that furthers the purposes of this Act; (v) shall prioritize such grants or reimbursements for State, county, and locally funded programs that provide representation to people involved in a proceeding described in such section 292 without regard to any past interaction with the immigration or criminal legal systems; (vi) may, in accordance with section 207— (I) establish 1 or more Immigration Public Defender Organizations; and (II) contract with 1 or more Community Defender Organizations; (vii) shall provide for the establishment of a panel of private attorneys to provide representation under such section 292, in accordance with section 207 of this Act; and (viii) shall provide a plan for holding community engagement meetings that are open to the public not less frequently than twice during each fiscal year. (C) Local plans with border-based components (i) In general The Local Plan for each region that is adjacent to the international border between the United States and Mexico border shall provide for representation to all people subject to a proceeding described in section 292 of the Immigration and Nationality Act, as amended by section 101 of this Act. (ii) Identifying counsel The Local Board of each region described in clause (i) may utilize the entities specified in section 207 and Attorney of the Day, attorney fellowship, and other models— (I) to provide limited representation to people in proceedings at the border; and (II) to coordinate case transfers and referrals for legal representation for people who are subsequently released from, or transferred within, the custody of the Department of Homeland Security or the Office of Refugee Resettlement. (2) Appointments to immigration representation advisory board If a Local Plan does not provide for the establishment of an Immigration Public Defender Organization or contracting with a Community Defender Organization in the region, the Local Board shall appoint representatives to the Immigration Representation Advisory Board established under section 210(a). (3) Local administrator Each Local Board shall appoint, subject to the approval of the Office, a Local Administrator and such staff as may be necessary to assist the Local Board in administering the selection and appointment of Panel Attorneys. (4) Immigration public defender If a Local Plan includes the establishment of 1 or more Immigration Public Defender Organizations, the Local Board shall— (A) select 1 or more Immigration Public Defenders, who shall serve in accordance with section 207(b), for the region or a portion of the region that will be served by the Local Board; (B) periodically evaluate the performance of the Immigration Public Defender; and (C) submit the results of the evaluations required under subparagraph (B), as directed by the Office. (5) Duties of local administrator Each Local Administrator shall— (A) review, and certify for payment, all vouchers received from Panel Attorneys to compensate them for— (i) their time spent representing clients appointed to them pursuant to section 292 of the Immigration and Nationality Act, as amended by section 101 of this Act; and (ii) the costs of investigators, experts, interpreters, and other providers of defense services for work performed on behalf of the Panel Attorneys and their clients; (B) authorize reasonable expenditures for transcripts and the services of paralegals and other legal support personnel, to the extent necessary; (C) prepare, at the direction of the Office, an annual budget for the provision of representation services under such section 292, except for representation services provided by an Immigration Public Defender Office; (D) implement procedures established by the Office, permitting a Panel Attorney or other representative appointed under such section 292 to appeal a decision of the Local Administrator concerning compensation or reimbursement; and (E) perform other duties related to the authorization, payment, and budgeting of expenses related to Panel Attorneys, as assigned by the Director. (6) Representation of financially eligible persons The Local Board shall establish procedures for the appointment of counsel for any person who— (A) is subject to a proceeding described in section 292 of the Immigration and Nationality Act, as amended by section 101; and (B) is financially unable to obtain high-quality representation. 207. Types of immigration defenders (a) In general To ensure representation of all eligible persons in proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101, the Local Board may— (1) establish 1 or more Immigration Public Defender Organizations in the region comprising the Local Board's jurisdiction; (2) contract with existing Community Defender Organizations; and (3) establish a Panel Attorney system. (b) Immigration public defender (1) In general An Immigration Public Defender Organization shall consist of 1or more full-time salaried attorneys. Each Immigration Public Defender Organization shall be supervised by an Immigration Public Defender appointed by the Local Board that established the organization, subject to the approval of the Office and without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (2) Removal (A) In general The Immigration Public Defender shall serve at the pleasure of the Local Board, but may be removed by the Director for— (i) malfeasance in office; (ii) persistent neglect or inability to discharge the duties of an Immigration Public Defender; or (iii) conduct unbecoming of a representative of the Office. (B) Nonfactors for justifying removal The efforts and advocacy of an Immigration Public Defender to ensure that the Office carries out its responsibilities under this Act, including ensuring parity of resources, protecting counsel’s duty to provide representation, and ensuring manageable caseloads consistent with that duty, may not serve as a basis for removal or for initiating proceedings for removal against the Immigration Public Defender. (3) Continued service until appointment of successor Upon the expiration of the term of service for which he or she was appointed, an Immigration Public Defender may continue to perform the duties of such office, in accordance with rules established by the Local Board, until the earlier of— (A) the date on which a successor is appointed; or (B) the date that is 1 year after the expiration of such term. (4) Compensation The compensation of each Immigration Public Defender shall be fixed by the Local Board at a rate that is comparable to— (A) the rate of compensation received by the Principal Legal Advisor of U.S. Immigration and Customs Enforcement who is practicing in the nearest court where representation is furnished; or (B) if more than 1 court is involved, the rate of compensation that is paid to the higher paid Principal Legal Advisor in such courts. (5) Additional personnel (A) Appointments The Immigration Public Defender may appoint, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, full-time attorneys in such number as may be approved by the Office and other personnel in such number as may be approved. (B) Compensation Compensation paid to the attorneys and other personnel approved by the Office pursuant to subparagraph (A) shall be fixed by the Immigration Public Defender at a rate that is comparable to— (i) the rate of compensation that is paid to attorneys and other personnel of similar qualifications and experience in the Office of the Principal Legal Advisor in the nearest court where representation is furnished; or (ii) if more than 1 court is involved, the rate of compensation that is paid to the higher paid person of similar qualifications and experience in such courts. (6) Treatment as federal government employees Employees of an Immigration Public Defender Organization shall be treated as employees of the Federal Government solely for purposes of— (A) subchapter 1 of chapter 81 (B) chapter 83 of such title 5 (relating to retirement); (C) chapter 84 of such title 5 (relating to the Federal Employees’ Retirement System); (D) chapter 87 of such title 5 (relating to life insurance); and (E) chapter 89 of such title 5 (relating to health insurance). (7) Restriction An Immigration Public Defender and any attorney appointed to serve in an Immigration Public Defender Organization is prohibited from engaging in the private practice of law. (8) Limited liability The Office, to the extent the Director considers appropriate, shall provide representation for and hold harmless, or provide liability insurance for, any person who is an officer or employee of an Immigration Public Defender Organization. (9) Reports Each Immigration Public Defender Organization shall submit periodic reports of its activities and financial positions and its proposed budget to the Local Board at the times and in the form prescribed by the Local Board. (c) Community Defender Organizations (1) In general A Community Defender Organization shall be a nonprofit legal representation service established and administered by any group authorized by the Local Plan to provide representation to individuals subject to proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101. (2) Annual report Each Community Defender Organization shall submit an annual report to the Local Board that sets forth its activities during the previous fiscal year and the anticipated caseload and expenses for the upcoming fiscal year. (d) Attorney Panel Each Local Plan developed pursuant to section 206(k)(1) shall provide for— (1) the appointment of qualified private attorneys from an Attorney Panel within the region; (2) the implementation of standards established by the Office setting forth the minimum qualifications for Panel Attorneys; and (3) the establishment of a system to ensure that— (A) the number of attorneys on each Attorney Panel is limited to provide each attorney with sufficient appointments to maintain continuing familiarity with immigration law and procedure; (B) there is early entry of counsel, including representation as soon as possible in all proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101; (C) there are adequate support services, including training and technical support, for members of each Attorney Panel for every area in the region; (D) conflicts of interests are avoided; and (E) there is equal employment opportunity for the employees of Immigration Public Defender Organizations and Panel Attorneys. 208. Compensation and reimbursement of counsel expenses (a) In general The Office shall establish the appropriate hourly rates and salaries to be paid to counsel appointed under each Local Plan, which— (1) shall be established at levels that will ensure the provision of high-quality legal representation for all people represented in proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101; and (2) shall be calculated to provide appointed counsel with compensation that is comparable to the compensation paid to— (A) attorneys who are employed by the Office of the Principal Legal Advisor of U.S. Immigration and Customs Enforcement nearest to the forum in which such counsel is providing representation; (B) attorneys employed by the corresponding Federal prosecutor’s office; or (C) any other attorney representing the Government in connection with proceedings that are comparable to proceedings described in such section 292. (b) Use of billing caps If the Office places caps on total billing for legal representation, the Office shall establish policies and procedures for counsel to request authorization to exceed such caps to the extent required to ensure effective representation. (c) Fees; additional compensation The Office shall establish— (1) distinct fees to apply to counsel providing services in proceedings that fall within the geographic jurisdiction of each of the United States courts of appeal within each region delineated by the Office pursuant to section 206(a), after taking into account the prevailing wage rates for qualified attorneys within the geographic area in which representation will be provided under section 292 of the Immigration and Nationality Act, as amended by section 101; and (2) additional compensation to be paid to counsel who provide representation under such section 292 to individuals in remote and underserved areas, after taking into account the distance from the place of business of such counsel to— (A) the immigration courts; (B) Department of Homeland Security and Department of Health and Human Services facilities; and (C) other relevant sites where such representation is expected to be provided. (d) Reimbursement for expenses; salary increases (1) Reimbursements Counsel providing representation under section 292 of the Immigration and Nationality Act, as amended by section 101, shall be reimbursed by the Department of Homeland Security for expenses reasonably incurred in the course of such representation, including the costs of transcripts, but may not be reimbursed by the Federal Government for expenses related to defending against malpractice claims. (2) Salary increases The Office shall establish policies and procedures governing increases in hourly rates, salaries, and fees initially determined under subsection (a) or (c). (e) Payments in excess of established fees The Office shall establish policies and procedures for requesting and approving payments in excess of the fees established under subsection (c) for extended or complex representation if such excess payments are necessary to provide fair compensation for the counsel providing such representation. 209. Services other than counsel (a) Services To be preapproved by the Local Board (1) In general Counsel appointed to represent individuals in proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101, may request approval from the Local Board for investigative, expert, or other services necessary for such representation pursuant to procedures established by the Board, including services necessary to develop release plans and provide post-release services for people in the custody of the Department of Homeland Security or the Office of Refugee Resettlement. (2) Examples of services Services subject to preapproval under paragraph (1) may include— (A) the retention of specialized counsel in connection with ancillary matters appropriate to such proceedings; (B) services and support related to mental health, housing, addiction, food, travel, and accompaniment to immigration court proceedings; (C) copying or obtaining discovery materials that are in the possession, custody, or control of the Government; or (D) any other services required to ensure effective representation or the interests of justice. (b) Services To be approved by the Local Board after the fact (1) In general Counsel appointed to represent individuals in proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101, may obtain, without prior authorization, but subject to later review by the Local Board, investigative, expert, and other services if necessary for representation. (2) Payment In the interests of justice and upon a determination by the Local Board that timely procurement of certain necessary services could not await prior authorization, payment for such services may be approved by the Local Board after they have been obtained. (c) Amount of compensation In determining the appropriate compensation for services other than counsel, the Office shall ensure that such compensation is comparable to the compensation paid to the Government for substantially similar services. (d) Policies and procedures The Office shall establish policies and procedures that— (1) identify the circumstances under which— (A) payment shall be made for services other than counsel; and (B) prior authorization for certain necessary services is not required; and (2) permit counsel appointed to represent individuals in proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101, to seek increases in funding for such services if counsel reasonably believes that the compensation established by the Office pursuant to subsection (c) does not meet the parity requirement under such subsection. (e) Financial eligibility determinations (1) In general Private counsel for any person who is financially unable to obtain services other than counsel necessary for representation, including services described in subsections (a) and (b), may request that the Local Administrator make a determination of the financial eligibility for such person to receive Government funding for such services. (2) Payment If the Local Administrator determines that a person described in paragraph (1) is financially unable to obtain necessary services other than counsel, the Local Administrator shall authorize payment for such services pursuant to procedures established by the Office. 210. Immigration Representation Advisory Board (a) Establishment (1) In general Subject to paragraph (2), there is established the Immigration Representation Advisory Board, which shall consist of— (A) 1 Immigration Public Defender representative from each region delineated pursuant to section 206(a), who shall be selected by the Immigration Public Defenders within each such region; (B) 1 Community Defender Organization representative from each region delineated pursuant to section 206(a), who shall be selected by the Community Defender Organizations within each such region; and (C) 1 Panel Attorney representative from within the jurisdiction of each Federal circuit court of appeals, who shall be selected by the Panel Attorneys within each such circuit. (2) Alternative selection process (A) No immigration public defender office If a Local Plan does not provide for the establishment of an Immigration Public Defender Office, the relevant Local Board shall appoint 2 Community Defender Organization representatives to serve on the Immigration Representation Advisory Board. (B) No community defender organization If a Local Plan does not provide for a contract with a Community Defender Organization, the relevant Local Board shall appoint 2 Immigration Public Defender Representatives to serve on the Immigration Representation Advisory Board. (b) Term of service (1) In general Members of the Immigration Representation Advisory Board shall serve 2-year terms, except that the terms of 50 percent of the initial members appointed pursuant to subsection (a) shall be 1 year. (2) Maximum consecutive service No member may serve on the Immigration Representation Advisory Board for more than 6 consecutive years. (3) Partial term appointments If a member of the Immigration Representation Advisory Board does not serve until the end of his or her term due to resignation or removal, the person appointed to replace such member shall serve for the remainder of such term. (c) Compensation Members of the Immigration Representation Advisory Board shall serve without compensation, but shall be reimbursed for all actual and necessary expenses reasonably incurred in the performance of their duties as members of the Immigration Representation Advisory Board. (d) Governance; meetings The Immigration Representation Advisory Board shall— (1) establish bylaws; (2) select a chairperson from among its members; (3) appoint other such officers as it deems necessary; and (4) meet not less frequently than once each year. III Authorization of appropriations 301. Authorization of appropriations (a) In general There are authorized to be appropriated to the Office of Immigration Representation, out of any money in the Treasury that is not otherwise appropriated, such sums as may be necessary to carry out this Act, and the amendments made by this Act, including— (1) establishing and operating the Office; and (2) providing continuing education and training of counsel providing representation under section 292 of the Immigration and Nationality Act, as amended by section 101. (b) Availability of funds If so specified in appropriation Acts, amounts appropriated pursuant to subsection (a) shall remain available until expended. Payments from such appropriations shall be made under the supervision of the Director of the Office of Immigration Representation. 302. Minimum funding for the Office of Immigration Representation (a) In general The amount appropriated to the Office of Immigration Representation for each fiscal year shall be not less than the amount equal to the sum of the combined amount appropriated for Federal immigration enforcement and prosecution agencies and the Office, multiplied by the prosecution-defense (b) Calculation of prosecution-Defense ratio (1) In general Except as provided in paragraph (2), the Office of Management and Budget shall calculate the prosecution-defense ratio, for purposes of subsection (a), by dividing the sum appropriated to the Office of Immigration Representation account for the most recently concluded fiscal year by the combined amount appropriated for such fiscal year for Federal immigration enforcement and prosecution agencies, including amounts appropriated for— (A) U.S. Immigration and Customs Enforcement; (B) U.S. Customs and Border Protection; and (C) the Office of Immigration Litigation of the Department of Justice. (2) Effect of shifting prosecutorial functions If the law enforcement or prosecutorial functions of the agencies or offices referred to in subparagraphs (A) through (C) of paragraph (1) on the date of the enactment of this Act are performed by different agencies or offices in a future fiscal year, the Office of Management and Budget shall use the amount appropriated for those functions in calculating the prosecution-defense ratio under paragraph (1).

Fairness to Freedom Act of 2023

Recycling Infrastructure and Accessibility Act of 2024 This bill requires the Environmental Protection Agency (EPA) to establish a pilot grant program for improving recycling accessibility in communities. The EPA may award grants to states, local governments, Indian tribes, or public-private partnerships.

118 S1189 IS: Recycling Infrastructure and Accessibility Act of 2023 U.S. Senate 2023-04-19 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. 1189 IN THE SENATE OF THE UNITED STATES April 19, 2023 Mrs. Capito Mr. Carper Mr. Boozman Committee on Environment and Public Works A BILL To establish a pilot grant program to improve recycling accessibility, and for other purposes. 1. Short title This Act may be cited as the Recycling Infrastructure and Accessibility Act of 2023 2. Recycling Infrastructure and Accessibility Program (a) Definitions In this section: (1) Administrator The term Administrator (2) Curbside recycling The term curbside recycling (3) Eligible entity The term eligible entity (A) a State (as defined in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 (B) a unit of local government; (C) an Indian Tribe; and (D) a public-private partnership. (4) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (5) Materials recovery facility (A) In general The term materials recovery facility (B) Exclusion The term materials recovery facility (6) Pilot grant program The term pilot grant program (7) Recyclable material The term recyclable material (8) Transfer station The term transfer station (A) receives and consolidates recyclable material from curbside recycling or drop-off facilities; and (B) loads the recyclable material onto tractor trailers, railcars, or barges for transport to a distant materials recovery facility or another recycling-related facility. (9) Underserved community The term underserved community (A) transportation, distance, or other reasons render utilization of available processing capacity at an existing materials recovery facility cost prohibitive; or (B) the processing capacity of an existing materials recovery facility is insufficient to manage the volume of recyclable materials produced by that community. (b) Establishment Not later than 18 months after the date of enactment of this Act, the Administrator shall establish a pilot grant program, to be known as the Recycling Infrastructure and Accessibility Program (c) Goal The goal of the pilot grant program is to fund eligible projects that will significantly improve accessibility to recycling systems through investments in infrastructure in underserved communities through the use of a hub-and-spoke model for recycling infrastructure development. (d) Applications To be eligible to receive a grant under the pilot grant program, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (e) Considerations In selecting eligible entities to receive a grant under the pilot grant program, the Administrator shall consider— (1) whether the community or communities in which the eligible entity is seeking to carry out a proposed project has curbside recycling; (2) whether the proposed project of the eligible entity will improve accessibility to recycling services in a single underserved community or multiple underserved communities; and (3) if the eligible entity is a public-private partnership, the financial health of the private entity seeking to enter into that public-private partnership. (f) Priority In selecting eligible entities to receive a grant under the pilot grant program, the Administrator shall give priority to eligible entities seeking to carry out a proposed project in a community in which there is not more than 1 materials recovery facility within a 75-mile radius of that community. (g) Use of funds An eligible entity awarded a grant under the pilot grant program may use the grant funds for projects to improve recycling accessibility in communities, including in underserved communities, by— (1) increasing the number of transfer stations; (2) expanding curbside recycling collection programs where appropriate; and (3) leveraging public-private partnerships to reduce the costs associated with collecting and transporting recyclable materials in underserved communities. (h) Prohibition on use of funds An eligible entity awarded a grant under the pilot grant program may not use the grant funds for projects relating to recycling education programs. (i) Minimum and maximum grant amount A grant awarded to an eligible entity under the pilot grant program shall be in an amount— (1) not less than $500,000; and (2) not more than $15,000,000. (j) Set-Aside The Administrator shall set aside not less than 70 percent of the amounts made available to carry out the pilot grant program for each fiscal year to award grants to eligible entities to carry out a proposed project or program in a single underserved community or multiple underserved communities. (k) Federal share (1) In general Subject to paragraph (2), the Federal share of the cost of a project or program carried out by an eligible entity using grant funds shall be not more than 90 percent. (2) Waiver The Administrator may waive the Federal share requirement under paragraph (1) if the Administrator determines that an eligible entity would experience significant financial hardship as a result of that requirement. (l) Report Not later than 2 years after the date on which the first grant is awarded under the pilot grant program, the Administrator shall submit to Congress a report describing the implementation of the pilot grant program, which shall include— (1) a list of eligible entities that have received a grant under the pilot grant program; (2) the actions taken by each eligible entity that received a grant under the pilot grant program to improve recycling accessibility with grant funds; and (3) to the extent information is available, a description of how grant funds received under the pilot grant program improved recycling rates in each community in which a project or program was carried out under the pilot grant program. (m) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator to carry out the pilot grant program $30,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. (2) Administrative costs and technical assistance Of the amounts made available under paragraph (1), the Administrator may use up to 5 percent— (A) for administrative costs relating to carrying out the pilot grant program; and (B) to provide technical assistance to eligible entities applying for a grant under the pilot grant program.

Recycling Infrastructure and Accessibility Act of 2023

South Florida Ecosystem Enhancement Act of 2023 This bill provides support for ecosystems in South Florida. Under the bill, South Florida means (1) land and water within the administrative boundaries of the South Florida Water Management District and contiguous near-shore coastal waters, including the Florida Keys; and (2) Florida's Coral Reef and the associated patch reef, hard-bottom, and seagrass resources. Specifically, the bill directs the Environmental Protection Agency (EPA) to establish a South Florida Program within the Water Division of its Region 4 Office. Under the program, the EPA must (1) assess trends in water quality, (2) assess data to identify existing or potential water quality problems and the causes of those problems, and (3) award grants to carry out ecosystem and educational programs established by this bill. In addition, the EPA must annually develop and execute interagency agreements or cooperative agreements with federal, state, local, and tribal entities. Those agreements must provide funding for one or more special projects or activities within South Florida on the recommendation of the South Florida Ecosystem Restoration Task Force.

106 S119 IS: South Florida Ecosystem Enhancement 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. 119 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Rubio Committee on Environment and Public Works A BILL To amend the Federal Water Pollution Control Act to authorize the South Florida Program, and for other purposes. 1. Short title This Act may be cited as the South Florida Ecosystem Enhancement Act of 2023 2. South Florida program Title I of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. 125. South Florida (a) Definitions In this section: (1) Science Coordination Group The term Science Coordination Group (2) South Florida The term South Florida (A) all land and water within the administrative boundaries of the South Florida Water Management District and contiguous near-shore coastal waters, including the Florida Keys; and (B) Florida’s Coral Reef and the associated patch reef, hard-bottom, and seagrass resources. (3) South Florida Ecosystem Restoration Task Force The term South Florida Ecosystem Task Force Public Law 104–303 (4) South Florida Ecosystem Restoration Working Group The term South Florida Ecosystem Restoration Working Group Public Law 104–303 (5) South Florida Program The term South Florida Program (b) South Florida program (1) Establishment The Administrator shall establish within the Water Division of the Region 4 Office of the Environmental Protection Agency the South Florida Program. (2) Duties In carrying out the South Florida Program, the Administrator shall— (A) assess trends in water quality, including trends that affect uses of water in South Florida; (B) collect, characterize, and assess data to identify existing or potential water quality problems and the causes of those problems; and (C) provide grants in accordance with subsections (d) and (f). (3) Designation The Administrator shall designate an individual in the Water Division of the Region 4 Office of the Environmental Protection Agency to carry out the day-to-day operations of the South Florida Program. (c) South florida ecosystem restoration working group The individual designated by the Administrator under subsection (b)(3) shall serve as the representative of the Environmental Protection Agency on the South Florida Ecosystem Restoration Working Group. (d) Grant program (1) Establishment Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2023, the Administrator shall establish a grant program (referred to in this subsection as the grant program (A) in South Florida; and (B) outside of South Florida but within the study area boundaries of— (i) the Indian River Lagoon National Estuary Program authorized under section 320; and (ii) the Coastal and Heartland National Estuary Partnership authorized under that section. (2) Eligible entities An entity eligible to receive a grant under the grant program is— (A) a State agency; (B) a unit of local government; (C) an institution of higher education; (D) a federally recognized Indian Tribe; and (E) an entity that is described in section 501(c)(3) (3) Selection (A) Application An eligible entity seeking a grant under the grant program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (B) Limitations (i) Location of projects Not more than 15 percent of the amounts made available to carry out this subsection for each fiscal year may be awarded for projects that would be carried out in locations described in paragraph (1)(B). (ii) Other sources of funding (I) In general Subject to subclause (II), in selecting recipients of grants under the grant program, the Administrator may not award a grant to carry out a water infrastructure activity that has received assistance— (aa) from a State water pollution control revolving fund established under title VI; (bb) from a State drinking water treatment revolving loan fund established under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 (cc) pursuant to the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3901 et seq. (II) Exception The Administrator may award a grant under the grant program to carry out a separable component of a project described in subclause (I) if grant funds would be used to construct natural features and nature-based features (as those terms are defined in section 1184(a) of the Water Infrastructure Improvements for the Nation Act ( 33 U.S.C. 2289a(a) (4) Allocation Of the amounts made available to carry out this section each fiscal year, to the extent there are sufficient high-quality project applications, not less than 33 percent shall be used to carry out this subsection. (e) Support for south florida ecosystem restoration special projects and activities (1) Interagency agreement The Administrator shall, on an annual basis, develop and execute interagency agreements or cooperative agreements with appropriate Federal, State, local, or Tribal agencies to provide funding for 1 or more special projects or activities within South Florida on the recommendation of the South Florida Ecosystem Restoration Task Force. (2) Coordination The Administrator shall coordinate with the Administrator of the Office of Everglades Restoration Initiatives of the Department of the Interior to annually solicit and receive a priority list of special projects or activities that enhance the capacity of Federal, State, local, or Tribal agencies participating in the South Florida Ecosystem Restoration Task Force, the South Florida Ecosystem Restoration Working Group, and the Science Coordination Group to fulfill the mandate under section 528 of the Water Resources Development Act of 1996 ( Public Law 104–303 Public Law 106–541 (3) Allocation Of the amounts made available to carry out this section each fiscal year, to the extent there are sufficient high-quality project applications, not less than 50 percent shall be used to carry out this subsection. (f) Education grants (1) Establishment Not later than 180 days after the date of enactment of the South Florida Ecosystem Enhancement Act of 2022, the Administrator shall establish an education grant program (referred to in this subsection as the grant program (2) Eligible entities An entity eligible to receive a grant under the grant program is an entity focused on public engagement, environmental literacy, or education efforts that is— (A) a State, local, or Tribal government entity, including a public school district and a Tribal school; (B) an entity that is described in section 501(c)(3) (C) an institution of higher education. (3) Use of funds Each fiscal year, the Administrator shall award grants under the education grant program for public engagement, environmental literacy, and education efforts with respect to any of the following: (A) Biscayne Bay. (B) Caloosahatchee River and Estuary. (C) Charlotte Harbor. (D) The Everglades. (E) Everglades Headwaters. (F) Florida Bay. (G) Florida’s Coral Reef. (H) Lake Okeechobee. (I) Loxahatchee River and Lake Worth Lagoon. (J) Indian River Lagoon. (K) St. Lucie River and Estuary. (4) Selection (A) Application An eligible entity seeking a grant under the grant program shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (B) Priority consideration In selecting entities to be awarded grants under the grant program, the Administrator shall give priority to applications that seek to fund field trips for socially disadvantaged students in public elementary schools, public secondary schools, and Tribal schools to access publicly protected lands and natural resources. (5) Cost-share (A) In general Subject to subparagraph (B), the Federal share of a project carried out using a grant under the grant program may not exceed 50 percent of the total cost of the project. (B) Waiver The Administrator may waive the Federal share requirement under subparagraph (A) for projects carried out to support efforts described in paragraph (4)(B). (6) Allocation Of the amounts made available to carry out this section each fiscal year, to the extent there are sufficient high-quality project applications, the Administrator may use not more than 1 percent to carry out this subsection. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator $50,000,000 for each of fiscal years 2024 through 2028 to carry out this section. (2) Administrative costs Of the amounts made available to carry out this section under paragraph (1) each fiscal year, the Administrator may use not more than 4 percent for administrative costs. .

South Florida Ecosystem Enhancement Act of 2023

Community Broadband Act of 2023 This bill prohibits states from blocking the provision of broadband by public providers, public-private partnership providers, or cooperatively organized providers. Further, public providers and state or local entities participating in a partnership must administer applicable ordinances and rules without discrimination against competing private providers.

118 S1197 IS: Community Broadband Act of 2023 U.S. Senate 2023-04-19 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. 1197 IN THE SENATE OF THE UNITED STATES April 19, 2023 Mr. Booker Mr. Blumenthal Mr. King Mr. Markey Mr. Sanders Mr. Wyden Committee on Commerce, Science, and Transportation A BILL To amend the Telecommunications Act of 1996 to preserve and protect the ability of State and local governments, public-private partnerships, and cooperatives to provide broadband services. 1. Short title This Act may be cited as the Community Broadband Act of 2023 2. State, local, public-private partnership, and co-op broadband services Section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 (1) by redesignating subsection (d) as subsection (e); (2) by inserting after subsection (c) the following: (d) State, local, public-Private partnership, and co-Op advanced telecommunications capability and services (1) In general No statute, regulation, or other legal requirement of a State may prohibit or have the effect of prohibiting any public provider, public-private partnership provider, or cooperatively organized provider from providing, to any person or public or private entity, advanced telecommunications capability or any service that utilizes the advanced telecommunications capability provided by that provider. (2) Antidiscrimination safeguards (A) Public providers To the extent any public provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability, the public provider shall apply its ordinances and rules without discrimination in favor of— (i) the public provider; or (ii) any entity owned by the public provider that provides services that utilize advanced telecommunications capability. (B) Public-private partnership providers To the extent any State or local entity that is part of a public-private partnership provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability, the State or local entity shall apply its ordinances and rules without discrimination in favor of— (i) the public-private partnership provider; or (ii) any entity owned by the State or local entity or public-private partnership provider that provides services that utilize advanced telecommunications capability. (3) Savings clause Nothing in this subsection shall exempt a public provider, public-private partnership provider, or cooperatively organized provider from any Federal or State telecommunications law or regulation that applies to all providers of advanced telecommunications capability or services that utilize such advanced telecommunications capability. ; and (3) in subsection (e), as redesignated— (A) in the matter preceding paragraph (1), by striking this subsection this section (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: (2) Cooperatively organized provider The term cooperatively organized provider ; and (D) by adding at the end the following: (4) Public provider The term public provider (5) Public-private partnership provider The term public-private partnership provider (6) State or local entity The term State or local entity (A) a State or political subdivision thereof; (B) any agency, authority, or instrumentality of a State or political subdivision thereof; or (C) an Indian Tribe (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) .

Community Broadband Act of 2023

Elder Justice Reauthorization and Modernization Act of 2023 This bill reauthorizes, provides funding through FY2027 for, and otherwise makes changes to programs that address abuse, neglect, and exploitation of older adults and adults with disabilities. Specifically, the bill provides funding for states and localities to enhance adult protective services and long-term care ombudsman programs. Additionally, the bill modifies an existing long-term care workforce grant program, including by requiring that grant recipients use funds to provide employees with wage subsidies, educational assistance, and access to affordable child care and transportation. Furthermore, the bill establishes new grant programs for states to (1) link health care and social services for older adults and adults with disabilities, including through medical-legal partnerships and legal services hotlines; and (2) prevent and address social isolation among older adults and adults with disabilities. The bill also provides funding for reporting by the Department of Health and Human Services on the effectiveness of various programs and activities in addressing abuse, neglect, and exploitation of older adults and adults with disabilities.

118 S1198 IS: Elder Justice Reauthorization and Modernization Act of 2023 U.S. Senate 2023-04-19 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. 1198 IN THE SENATE OF THE UNITED STATES April 19, 2023 Mr. Wyden Mr. Casey Committee on Finance A BILL To reauthorize funding for programs to prevent and investigate elder abuse, neglect, and exploitation, and for other purposes. 1. Short title This Act may be cited as the Elder Justice Reauthorization and Modernization Act of 2023 2. Reauthorization of funding for programs to prevent and investigate elder abuse, neglect, and exploitation (a) Nursing home worker training grants Section 2041 of the Social Security Act ( 42 U.S.C. 1397m 2041. Nursing home worker training grants (a) In general (1) State entitlement (A) In general Each State shall be entitled to receive from the Secretary for each fiscal year specified in subsection (e)(1) a grant in an amount equal to the amount allotted to the State under subparagraph (B). (B) State allotments (i) In general Subject to clauses (ii) and (iii), the amount allotted to a State under this subparagraph for a fiscal year shall be— (I) the number of State residents who have attained 65 years of age or have a disability (as defined in section 216(i)(1)), as determined by the Secretary using the most recent version of the American Community Survey published by the Bureau of the Census (or a successor data set); divided by (II) the total number of such residents of all States. (ii) Limitation The amount allotted to a State under this subparagraph for a fiscal year shall be not less than 0.25 percent of the available amount for the fiscal year. (iii) Adjustment of State allotments Subject to clause (ii), the Secretary shall proportionately increase or decrease the amounts allotted under this subparagraph for a fiscal year as necessary to ensure that the available amount for the fiscal year is allotted among the States. (iv) Redeterminations (I) Frequency The Secretary shall make the determination referred to in clause (i)(I) every 5 years. (II) Limitation Subject to clause (ii), the amount allotted to a State under this subparagraph, on the basis of such a determination, for a fiscal year after fiscal year 2028 shall be— (aa) not less than 90 percent of the amount of the grant made to the State under this subparagraph for the then preceding fiscal year; and (bb) not more than 110 percent of the amount referred to in item (aa). (2) Grants to Indian tribes and tribal organizations (A) In general The Secretary, in consultation with the Secretary of the Interior, shall make grants in accordance with this section to Indian tribes and tribal organizations who operate at least 1 eligible setting. (B) Grant formula The Secretary, in consultation with the Secretary of the Interior, shall devise a formula for distributing among Indian tribes and tribal organizations the amount required to be reserved by subsection (e)(1) for each fiscal year. (3) Sub-grants A State, Indian tribe, or tribal organization to which an amount is paid under this section may use the amount to make sub-grants to local organizations, including community organizations, local non-profits, elder rights and justice groups, and workforce development boards for any purpose described in paragraph (1) or (2) of subsection (b). (b) Use of funds (1) Required uses A State to which an amount is paid under this section shall use the amount to— (A) provide wage subsidies to eligible individuals; (B) provide tuition assistance to, and directly pay the cost of applicable licensing exam fees for, eligible individuals for a degree or certification in a field relevant to their position referred to in subsection (f)(1)(A); (C) provide, subsidize, or facilitate access to child care for eligible individuals, including help with referrals, co-pays, or other direct assistance as needed; and (D) provide assistance where necessary with obtaining appropriate transportation, including public transportation if available, or gas money or transit vouchers for ride share, taxis, and similar types of transportation if public transportation is unavailable or impractical based on work hours or location. (2) Authorized uses A State to which an amount is paid under this section may use the amount to— (A) establish a reserve fund for financial assistance to eligible individuals in emergency situations; (B) provide in-kind resource donations, such as interview clothing and conference attendance fees; (C) provide assistance with programs and activities, including legal assistance, deemed necessary to address arrest or conviction records that are an employment barrier; (D) support employers operating an eligible setting in the State in providing employees with not less than 2 weeks of paid leave per year; or (E) provide other support services the Secretary deems necessary to allow for successful recruitment and retention of workers. (3) Provision of funds only for the benefit of eligible individuals in eligible settings A State to which an amount is paid under this section may provide the amount to only an eligible individual or a partner organization serving an eligible individual. (4) Nonsupplantation A State to which an amount is paid under this section shall not use the amount to supplant the expenditure of any State funds for recruiting, supporting, or retaining employees in an eligible setting. (5) Obligation deadline A State, Indian tribe, or tribal organization shall remit to the Secretary for reallotment under this section any amount paid under this section for a fiscal year that is not obligated within 2 years after the end of the fiscal year. (c) Administration A State to which a grant is made under this section shall reserve not more than 10 percent of the grant to— (1) administer subgrants in accordance with this section; (2) provide technical assistance and support for applying for and accessing such a subgrant opportunity; (3) publicize the availability of the subgrants; (4) carry out activities to increase the supply of eligible individuals; and (5) provide technical assistance to help subgrantees find and train individuals to provide the services for which such individuals are contracted. (d) Reports (1) State reports Not less frequently than annually, each State to which a grant has been made under this section shall transmit to the Secretary a written report describing the activities undertaken by the State pursuant to this section during the period covered by the report, which shall include a specification of— (A) the total amount expended in the State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in the State to which grant funds were provided, and the amount so provided to each such organization; (C) the change in the number of individuals working in each job category described in subsection (f)(1)(A) in an eligible setting in the State due to programs or services funded with grants under this section; (D) the average duration of employment for each such job category for individuals receiving, or who previously received, services or supports from a grant under this section; (E) wages of workers in each job category described in subsection (f)(1)(A) in an eligible setting in the State with support from grants under this section, as compared to all other workers in the same eligible setting in the State; (F) the average amount of paid time off to which a worker in each job category described in subsection (f)(1)(A) in an eligible setting in the State is entitled by their contract among workers with support from a grant under this section, as compared to all workers in eligible settings in the State; and (G) such other data elements as the Secretary deems relevant. (2) Report to Congress Not later than 3 years after the date of the enactment of this section, and every 4 years thereafter, the Secretary shall submit to Congress a written report outlining how the States have used the grants made under this section during the period covered by the report, which shall include— (A) the total amount expended in each State for each type of use described in paragraph (1) or (2) of subsection (b); (B) the total number of non-State organizations in each State to which grant funds were provided, and the amount so provided to each such organization; (C) an analysis of the data provided in the State reports; and (D) such other data elements as the Secretary deems relevant. (e) Appropriation Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $400,000,000 for each of fiscal years 2024 through 2027 to carry out this section, of which 2 percent shall be reserved for grants to Indian tribes and tribal organizations. (f) Definitions In this section: (1) Available amount The term available amount (2) Eligible individual The term eligible individual (A) (i) is a qualified home health aide, as defined in section 484.80(a) of title 42, Code of Federal Regulations; (ii) is a nurse aide approved by the State as meeting the requirements of sections 483.150 through 483.154 of such title, and is listed in good standing on the State nurse aide registry; (iii) is a personal care aide approved by the State, and furnishes personal care services, as defined in section 440.167 of such title; (iv) is a qualified hospice aide, as defined in section 418.76 of such title; (v) is a licensed practical nurse or a licensed or certified social worker; or (vi) is receiving training to be certified or licensed as such an aide, nurse, or social worker; and (B) provides (or, in the case of a trainee, intends to provide) services as such an aide, nurse, or social worker in an eligible setting. (3) Eligible setting The term eligible setting (A) a skilled nursing facility, as defined in section 1819; (B) a nursing facility, as defined in section 1919; (C) a home health agency, as defined in section 1891; (D) a facility approved to deliver home or community-based services authorized under State options described in subsection (c) or (i) of section 1915 or, as relevant, demonstration projects authorized under section 1115; (E) a hospice, as defined in section 1814; or (F) a tribal assisted living facility. (4) Tribal organization The term tribal organization . (b) Adult protective services functions and grant programs (1) Direct funding; State entitlement Section 2042 of the Social Security Act ( 42 U.S.C. 1397m–1 (A) in subsection (a), by striking paragraph (2) and inserting the following: (2) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $8,000,000 for each of fiscal years 2024 through 2027 to carry out this section. ; (B) in subsection (b)— (i) in paragraph (2)(A), by striking the availability of appropriations and (ii) by striking paragraph (5) and inserting the following: (5) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $400,000,000 for each of fiscal years 2024 through 2027 to carry out this section. ; and (C) in subsection (c), by striking paragraph (6) and inserting the following: (6) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $75,000,000 for each of fiscal years 2024 through 2027 to carry out this section. . (2) State entitlement; grants to Indian tribes and tribal organizations Section 2042 of such Act ( 42 U.S.C. 1397m–1 (A) in subsection (a)(1)(A), by striking State and local State, local, and tribal (B) in subsection (b)— (i) in paragraph (1), by striking the Secretary shall annually award grants to States in the amounts calculated under paragraph (2) each State shall be entitled to annually receive from the Secretary in the amounts calculated under paragraph (2), and the Secretary may annually award to each Indian tribe and tribal organization in accordance with paragraph (3), grants (ii) in paragraph (2)— (I) in the paragraph heading, by inserting for a State payment (II) in subparagraph (A), by inserting that remains after the reservation under paragraph (3)(B) multiplied (III) in subparagraph (B)(i)— (aa) by inserting that so remains such year (bb) by striking amount so appropriated remaining amount (iii) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively, and inserting after paragraph (2) the following: (3) Amount of payment to Indian tribe or tribal organization (A) In general The Secretary, in consultation with Indian tribes and tribal organizations, shall determine the amount of any grant to be made to each Indian tribe and tribal organization from the amount reserved under subparagraph (B). Paragraphs (4) and (5) shall apply to grantees under this paragraph in the same manner in which such paragraphs apply to States. (B) Reservation of funds The Secretary shall reserve 2 percent of the amount made available by subsection (b)(6) for each fiscal year for grants under this paragraph. ; (C) in subsection (c)— (i) in paragraph (1), by striking to States to States, Indian tribes, and tribal organizations (ii) in paragraph (2)— (I) in the matter preceding subparagraph (A), by inserting and Indian tribes and tribal organizations government (II) in subparagraph (D), by inserting or Indian tribe or tribal organization, as the case may be government (iii) in paragraph (4), by inserting or Indian tribe or tribal organization a State (iv) in paragraph (5)— (I) by inserting or Indian tribe or tribal organization Each State (II) by inserting or Indian tribe or tribal organization, as the case may be the State (D) by adding at the end the following: (d) Definition of tribal organization In this section, the term tribal organization . (c) Long-Term care ombudsman program grants and training Section 2043 of the Social Security Act ( 42 U.S.C. 1397m–2 (1) in subsection (a), by striking paragraph (2) and inserting the following: (2) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary to carry out this subsection— (A) $22,500,000 for fiscal year 2024; and (B) $30,000,000 for each of fiscal years 2025 and 2026. ; and (2) in subsection (b), by striking paragraph (2) and inserting the following: (2) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $30,000,000 for each of fiscal years 2024 through 2027 to carry out this subsection. . (d) Incentives for developing and sustaining structural competency in providing health and human services (1) In general Part II of subtitle B of title XX of the Social Security Act ( 42 U.S.C. 397m–5 2047. Incentives for developing and sustaining structural competency in providing health and human services (a) Grants to States To support linkages to legal services and medical legal partnerships (1) In general Not later than 2 years after the date of the enactment of this section, the Secretary shall establish and administer a program of grants to States to support the development or adoption of approaches to maintain or improve linkages between health services, human services, and legal services for older adults and adults with disabilities, including through the following: (A) Medical-legal partnerships The establishment and support of medical-legal partnerships, the incorporation of the partnerships in the elder justice framework and health and human services safety net, and the implementation and operation of such a partnership by an eligible grantee— (i) at the option of a State, in conjunction with an area agency on aging; (ii) in a solo provider practice in a health professional shortage area (as defined in section 332(a) of the Public Health Service Act), a medically underserved community (as defined in section 399B of such Act), or a rural area (as defined in section 330J(e) of such Act); (iii) in a minority-serving institution (defined for purposes of this section as an eligible institution described in section 371(a) of the Higher Education Act of 1965) with health, law, and social services professional programs; (iv) in an entity receiving funding section 330 of the Public Health Service Act or a look-alike, as described in section 1905(l)(2)(B); or (v) in certain hospitals that are critical access hospitals (as defined in section 1861(mm)(1)), medicare-dependent, small rural hospitals (as defined in subsection (d)(5)(G)(iv)), sole community hospitals (as defined in section 1886(d)(5)(D)(iii)), rural emergency hospitals (as defined in section 1861(kkk)), or hospitals that receive disproportionate share hospital payments under section 1886(d)(5)(F) or section 1923. (B) Legal hotlines development or expansion The provision of incentives to develop, enhance, and integrate platforms, such as legal assistance hotlines, that help to facilitate the identification of older adults and adults with disabilities who could benefit from linkages to available legal services such as those described in subparagraph (A). (2) State reports Each State to which a grant is made under this subsection shall submit to the Secretary biannual reports on the activities carried out by the State pursuant to this subsection, which shall include assessments of the effectiveness of the activities with respect to— (A) the number of unique individuals identified through the mechanism outlined in paragraph (1)(B) who are referred to services described in paragraph (1)(A), and the average time period associated with resolving issues; (B) the success rate for referrals to community-based resources; and (C) other factors determined relevant by the Secretary. (3) Report to Congress Not less than once every 2 years, the Secretary shall submit to Congress a report that analyzes the data provided by the State reports and the extent to which grantees are establishing linkages to medical-legal partnerships and other legal services for older adults and adults with disabilities. (4) Report to Congress Not less that once every 4 years, the Secretary shall submit to Congress a written report on the activities conducted under this subsection. (5) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $125,000,000 for each of fiscal years 2024 through 2027 to carry out this subsection. (6) Supplement not supplant Support provided to area agencies on aging, State units on aging, eligible entities, or other community-based organizations pursuant to this subsection shall be used to supplement and not supplant any other Federal, State, or local funds expended to provide the same or comparable services described in this subsection. (b) Grants and training To support area agencies on aging or other community-Based organizations To address social isolation among older adults and adults with disabilities (1) Grants The Secretary shall make grants to eligible area agencies on aging or other community-based organizations for the purpose of— (A) conducting outreach to individuals at risk for, or already experiencing, social isolation or loneliness, through established screening tools or other methods identified by the Secretary; (B) developing community-based interventions for the purposes of mitigating loneliness or social isolation (including evidence-based programs, as defined by the Secretary, developed with multi-stakeholder input for the purposes of promoting social connection, mitigating social isolation or loneliness, or preventing social isolation or loneliness) among at-risk individuals; (C) connecting at-risk individuals with community social and clinical supports; and (D) evaluating the effect of programs developed and implemented under subparagraphs (B) and (C). (2) Training (A) In general The Secretary shall establish programs to provide and improve training for area agencies on aging or community-based organizations with respect to addressing and preventing social isolation and loneliness among older adults and adults with disabilities. (B) Prioritization authority For purposes of connecting at-risk individuals with existing community social and clinical supports, the Secretary may, in carrying out subparagraph (A), prioritize models that incorporate training and service delivery in coordination with medical-legal partnerships. (3) Evaluation Not later than 3 years after the date of the enactment of this section and every 3 years thereafter, the Secretary shall submit to Congress a written report that assesses the extent to which the programs established under this subsection address social isolation and loneliness among older adults and adults with disabilities. (4) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary $62,500,000 for each of fiscal years 2024 through 2027 to carry out this subsection. (5) Coordination The Secretary shall coordinate with resource centers, grant programs, or other funding mechanisms established under section 411(a)(18) of the Older Americans Act ( 42 U.S.C. 3032(a)(18) 42 U.S.C. 3032F(a)(1) (c) Definitions In this section: (1) Area agency on aging The term area agency on aging 42 U.S.C. 3025 (2) Community-based organization The term community-based organization section 501(c)(3) (3) Loneliness The term loneliness (4) Social connection The term social connection (5) Social isolation The term social isolation . (2) Clarification that medical-legal partnerships are authorized adult protective services activities Section 2011 of such Act ( 42 U.S.C. 1397j (A) in paragraph (2)(D), by inserting , including through a medical-legal partnership (B) by redesignating paragraphs (16) through (22) as paragraphs (17) through (23), respectively, and inserting after paragraph (15) the following: (16) Medical-legal partnership The term medical-legal partnership . (e) Technical amendment Section 2011(12)(A) of the Social Security Act ( 42 U.S.C. 1397j(12)(A) 450b 5304 3. Assessment reports (a) In general Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance and the Special Committee on Aging of the Senate on the programs, coordinating bodies, registries, and activities established or authorized under subtitle B of title XX of the Social Security Act ( 42 U.S.C. 1397l et seq. 42 U.S.C. 1320b–25 (b) Appropriation Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services $5,000,000 for each of fiscal years 2024 through 2027 to carry out this section.

Elder Justice Reauthorization and Modernization Act of 2023

Peace Corps Reauthorization Act of 2023 This bill reauthorizes the Peace Corps program through FY2028 and requires or authorizes various policies for the Peace Corps program. For example, the bill increases the minimum rate for readjustment allowances paid to Peace Corps volunteers upon their return to the United States; requires the Peace Corps to establish processes to return volunteers to service after their service has been interrupted by a mandatory evacuation, and to strive to allow evacuated volunteers to return to the country in which they had formerly been assigned (except for Peace Corps missions in China); requires the Peace Corps to provide separating volunteers with information on postservice health care options; provides statutory authority to an executive order that provides returning volunteers with noncompetitive eligibility for federal employment purposes (i.e., eligibility to be noncompetitively appointed to a competitive federal position); requires the Peace Corps to implement a zero-tolerance policy regarding volunteer or trainee involvement with illegal drugs; requires the Peace Corps to take all reasonable measures to prevent and address reprisal or retaliation against a volunteer by any person with supervisory authority over the volunteer, such as a Peace Corps officer; and authorizes suspension without pay for employees engaged in serious misconduct that could impact the efficiency of the service and could lead to removal for cause.

105 S1203 IS: Peace Corps Reauthorization Act of 2023 U.S. Senate 2023-04-19 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. 1203 IN THE SENATE OF THE UNITED STATES April 19, 2023 Mr. Menendez Mr. Risch Mr. Cardin Mr. Crapo Mrs. Feinstein Mr. Young Committee on Foreign Relations A BILL To amend the Peace Corps Act by reauthorizing the Peace Corps, providing better support for current, returning, and former volunteers, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Peace Corps Reauthorization 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. Authorization of appropriations. Sec. 3. Readjustment allowances for volunteers and volunteer leaders. Sec. 4. Restoration of volunteer opportunities for major disruptions to volunteer service. Sec. 5. Health care continuation for Peace Corps volunteers. Sec. 6. Access to antimalarial drugs and hygiene products for Peace Corps volunteers. Sec. 7. Codification of certain Executive orders relating to existing noncompetitive eligibility Federal hiring status for returning volunteers and extension of the period of such status. Sec. 8. Extension of period of existing noncompetitive eligibility Federal hiring status for returning volunteers. Sec. 9. Comprehensive illegal drug use policy with respect to Peace Corps volunteers. Sec. 10. Protection of Peace Corps volunteers against reprisal or retaliation. Sec. 11. Peace Corps National Advisory Council. Sec. 12. Memorandum of Agreement with Bureau of Diplomatic Security of the Department of State. Sec. 13. Clarification regarding eligibility of United States nationals. Sec. 14. Sexual Assault Advisory Council. Sec. 15. Suspension without pay. Sec. 16. Oceania Peace Corps partnerships. Sec. 17. Reports. Sec. 18. Technical and conforming amendments. 2. Authorization of appropriations Section 3 of the Peace Corps Act ( 22 U.S.C. 2502 (1) in subparagraph (b)— (A) by amending paragraph (1) to read as follows: (1) There is authorized to be appropriated $410,500,000 for each of the fiscal years 2024 through 2028 to carry out this Act. ; and (B) in paragraph (2), by striking that fiscal year and the subsequent fiscal year obligation until the last day of the subsequent fiscal year (2) by redesignating subsection (h) as subsection (e). 3. Readjustment allowances for volunteers and volunteer leaders Section 5 of the Peace Corps Act ( 22 U.S.C. 2504 (1) in subsection (b), by striking insure their health ensure their safety, their health, (2) in subsection (c)— (A) by striking $125 $375 (B) by striking his the volunteer’s (C) by striking he the volunteer (3) by redesignating subsection (e) as subsection (d); (4) by inserting after subsection (d), as redesignated, the following: (e) The Director shall consult with health experts outside of the Peace Corps, including experts licensed in the field of mental health, and follow guidance by the Centers for Disease Control and Prevention regarding the prescription of medications to volunteers. ; (5) in subsection (h), by striking he the President (6) in subsection (n)(2)— (A) by striking subsection (e) subsection (d) (B) by striking he the President (7) in subsection (o), by striking his the volunteer’s 4. Restoration of volunteer opportunities for major disruptions to volunteer service (a) In general Section 5 of the Peace Corps Act ( 22 U.S.C. 2504 (q) Disruption of service protocols (1) In general The Director shall establish processes for the safe return to service of returning Peace Corps volunteers whose service is interrupted due to mandatory evacuations of volunteers due to catastrophic events or global emergencies of unknowable duration, which processes shall include— (A) the establishment of monitoring and communications systems, protocols, safety measures, policies, and metrics for determining the appropriate approaches for restoring volunteer opportunities for evacuated returned volunteers whose service is interrupted by a catastrophic event or global emergency; and (B) streamlining, to the fullest extent practicable, application requirements for the return to service of such volunteers. (2) Return to service Beginning on the date on which any volunteer described in paragraph (1) returns to service, the Director shall strive to afford evacuated volunteers, to the fullest extent practicable, the opportunity— (A) to return to their previous country of service, except for Peace Corps missions in China; and (B) to continue their service in the most needed sectors within the country in which they had been serving immediately before their evacuation due to a catastrophic event or global emergency, except for Peace Corps missions in China. . (b) Medical personnel Section 5A(b) of the Peace Corps Act ( 22 U.S.C. 2504a(b) , mental health professionals medical officers (c) Volunteer leaders Section 6 of the Peace Corps Act ( 22 U.S.C. 2505 (1) in paragraph (1), by striking $125 $375 (2) in paragraph (3), by striking he the President 5. Health care continuation for Peace Corps volunteers Section 5(d) of the Peace Corps Act, as redesignated by section 3(3) of this Act, is amended to read as follows: (d) (1) Volunteers shall receive such health care during their service as the Director considers necessary or appropriate, including, if necessary, services described in section 8B. (2) Applicants for enrollment shall receive such health examinations preparatory to their service, and applicants for enrollment who have accepted an invitation to begin a period of training under section 8(a) shall receive, preparatory to their service, such immunization, dental care, and information regarding prescription options and potential interactions, as may be necessary and appropriate and in accordance with subsection (f). (3) Returned volunteers shall receive the health examinations described in paragraph (2) during the 6-month period immediately following the termination of their service, including services provided in accordance with section 8B (except that the 6-month limitation shall not apply in the case of such services), as the Director determines necessary or appropriate. (4) Subject to such conditions as the Director may prescribe, the health care described in paragraphs (1) through (3) for serving volunteers, applicants for enrollment, or returned volunteers may be provided in any facility of any agency of the United States Government, and in such cases the amount expended for maintaining and operating such facility shall be reimbursed from appropriations available under this Act. Health care may not be provided under this subsection in a manner that is inconsistent with the Assisted Suicide Funding Restriction Act of 1997 ( Public Law 105–12 (5) Not later than 30 days before the date on which the period of service of a volunteer terminates, or 30 days after such termination date if such termination is the result of an emergency, the Director, in consultation with the Secretary of Health and Human Services, shall provide detailed information to such volunteer regarding options for health care after termination other than health care provided by the Peace Corps, including information regarding— (A) how to find additional, detailed information, including information regarding— (i) the application process and eligibility requirements for medical assistance through a State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (ii) health care option identification services available through the public and private sectors; (B) where detailed information on health plans may be obtained; and (C) if such volunteer is younger than 26 years of age, the eligibility of such volunteer to enroll as a dependent child in a group health plan or health insurance coverage in which the parent of such volunteer is enrolled in such plan or coverage offers such dependent coverage. (6) Paragraph (5) shall apply to volunteers whose periods of service are subject to early termination. . 6. Access to antimalarial drugs and hygiene products for Peace Corps volunteers Section 5A of the Peace Corps Act ( 22 U.S.C. 2504a (1) by striking subsections (c) and (e); (2) by redesignating subsection (d) as subsection (e); (3) by inserting after subsection (b) the following: (c) Antimalarial drugs (1) In general The Director shall consult with experts at the Centers for Disease Control and Prevention regarding recommendations for prescribing malaria prophylaxis, in order to provide the best standard of care within the context of the Peace Corps environment. (2) Certain training The Director shall ensure that each Peace Corps medical officer serving in a malaria-endemic country receives training in the recognition of the side effects of such medications. (3) Consultation The Director shall consult with the Assistant Secretary of Defense for Health Affairs regarding the policy of using mefloquine in the field as an antimalarial prophylactic. (d) Access to hygiene products Not later than 180 days after the date of the enactment of the Peace Corps Reauthorization Act of 2023 . 7. Codification of certain Executive orders relating to existing noncompetitive eligibility Federal hiring status for returning volunteers and extension of the period of such status The Peace Corps Act ( 22 U.S.C. 2501 et seq. 5B. Codification of Executive orders relating to noncompetitive eligibility Federal hiring status for returning volunteers (a) In general Subject to subsection (b), Executive Order 11103 ( 22 U.S.C. 2504 Peace Corps Reauthorization Act of 2023 (b) Period of eligibility (1) Definitions In this subsection: (A) Executive agency the term Executive agency (i) has the meaning given such term in section 105 of title 5, United States Code; (ii) includes the United States Postal Service and the Postal Regulatory Commission; and (iii) does not include the Government Accountability Office. (B) Hiring freeze The term hiring freeze (2) In general The period of eligibility for noncompetitive appointment to the civil service provided to an individual under subsection (a), including any individual who is so eligible on the date of the enactment of the Peace Corps Reauthorization Act of 2023 (A) a hiring freeze for civilian employees of the executive branch is in effect by order of the President with respect to any Executive agency at which the individual has applied for employment; (B) there is a lapse in appropriations with respect to any Executive agency at which the individual has applied for employment; or (C) the individual is receiving disability compensation under section 8142 of title 5, United States Code, based on the individual’s service as a Peace Corps volunteer, retroactive to the date the individual applied for such compensation. (3) Applicability The period of eligibility for noncompetitive appointment status to the civil service under subsection (a) shall apply to a Peace Corps volunteer— (A) whose service ended involuntarily as a result of a suspension of volunteer operations by the Director, but may not last longer than 1 year after the date on which such service ended involuntarily; or (B) who re-enrolls as a volunteer in the Peace Corps after completion of a term of service. . 8. Extension of period of existing noncompetitive eligibility Federal hiring status for returning volunteers The Peace Corps Act ( 22 U.S.C. 2501 et seq. 5C. Extension of period of existing noncompetitive eligibility Federal hiring status for returning volunteers (a) In general Subject to section 5B, Executive Order 11103 ( 22 U.S.C. 2504 Peace Corps Reauthorization Act of 2023 (b) Noncompetitive eligibility Federal hiring status Subject to subsection (d), any volunteer whose Peace Corps service was terminated after April 1, 2020, and who has been certified by the Director as having satisfactorily completed a full term of service, may be appointed not later than 2 years after completion of qualifying service to a position in any United States department, agency, or establishment in the competitive service under title 5, United States Code, without competitive examination, in accordance with such regulations and conditions as may be prescribed by the Director of the Office of Personnel Management. (c) Extension The appointing authority may extend the noncompetitive appointment eligibility under subsection (b) to not more than 3 years after a volunteer’s separation from the Peace Corps if the volunteer, following such service, was engaged in— (1) military service; (2) the pursuit of studies at a recognized institution of higher learning; or (3) other activities which, in the view of the appointing authority, warrant an extension of such eligibility. (d) Exception The appointing authority may not extend the noncompetitive appointment eligibility under subsection (b) to any volunteer who chooses to be subject to early termination. . 9. Comprehensive illegal drug use policy with respect to Peace Corps volunteers (a) In general The Peace Corps Act ( 22 U.S.C. 2501 et seq. 22 U.S.C. 2507i 8J. Comprehensive illegal drug use policy with respect to Peace Corps volunteers (a) In general The Director shall develop and implement a comprehensive drug use policy with respect to Peace Corps volunteers. The policy shall— (1) establish a zero tolerance policy regarding volunteer or trainee involvement with illegal drugs; and (2) require that every case of volunteer or trainee illegal drug involvement be brought immediately to the attention of relevant Peace Corps leadership, including the Director, and be reported expeditiously by the Peace Corps to the Office of the Inspector General. (b) Consultation In developing the policy described in subsection (a), the Director may consult with and incorporate, as appropriate, the recommendations and views of experts in the field of substance abuse, and shall consult with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. . (b) Report Not later than 1 year after the date of the enactment of this Act, the Director shall submit a report to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives 10. Protection of Peace Corps volunteers against reprisal or retaliation Section 8G of the Peace Corps Act ( 22 U.S.C. 2507g (d) Prohibition against reprisal or retaliation (1) Definitions In this subsection: (A) Covered official or office The term covered official or office (i) any Peace Corps employee, including an employee of the Office of Inspector General; (ii) a Member of Congress or a designated representative of a committee of Congress; (iii) an Inspector General (other than the Inspector General for the Peace Corps); (iv) the Government Accountability Office; (v) any authorized official of the Department of Justice or other Federal law enforcement agency; and (vi) a United States court, including any Federal grand jury. (B) Relief The term relief (C) Reprisal or retaliation The term reprisal or retaliation (2) In general The Director of the Peace Corps shall take all reasonable measures, including through the development and implementation of a comprehensive policy, to prevent and address reprisal or retaliation against a volunteer by any Peace Corps officer or employee, or any other person with supervisory authority over the volunteer during the volunteer’s period of service. (3) Reporting and investigation; relief (A) In general A volunteer may report a complaint or allegation of reprisal or retaliation— (i) directly to the Inspector General of the Peace Corps, who may conduct such investigations and make such recommendations with respect to the complaint or allegation as the Inspector General considers appropriate; and (ii) through other channels provided by the Peace Corps, including through the process for confidential reporting implemented pursuant to subsection (a). (B) Relief The Director of the Peace Corps— (i) may order any relief for an affirmative finding of a proposed or final resolution of a complaint or allegation of reprisal or retaliation in accordance with policies, rules, and procedures of the Peace Corps; and (ii) shall ensure that such relief is promptly provided to the volunteer. (4) Appeal (A) In general A volunteer may submit an appeal to the Director of the Peace Corps of any proposed or final resolution of a complaint or allegation of reprisal or retaliation. (B) Rule of construction Nothing in this paragraph may be construed to affect any other right of recourse a volunteer may have under any other provision of law. (5) Notification of rights and remedies The Director of the Peace Corps shall ensure that volunteers are informed in writing of the rights and remedies provided under this section. (6) Dispute mediation The Director of the Peace Corps shall offer the opportunity for volunteers to resolve disputes concerning a complaint or allegation of reprisal or retaliation through mediation in accordance with procedures developed by the Peace Corps. (7) Volunteer cooperation The Director of the Peace Corps may take such disciplinary or other administrative action, including termination of service, with respect to a volunteer who unreasonably refuses to cooperate with an investigation into a compliant or allegation of reprisal or retaliation conducted by the Inspector General of the Peace Corps. . 11. Peace Corps National Advisory Council Section 12 of the Peace Corps Act ( 22 U.S.C. 2511 (1) in subsection (b)(2)— (A) in the matter preceding subparagraph (A), by striking (subject to subsection (d)(1)) conduct on-site inspections, and make examinations, of the activities of the Peace Corps in the United States and in other countries in order to (B) in subparagraph (C), by striking and (C) by redesignating subparagraph (D) as subparagraph (G); and (D) by inserting after subparagraph (C) the following: (D) make recommendations for utilizing the expertise of returned Peace Corps volunteers in fulfilling the goals of the Peace Corps; (E) make recommendations on strengthening diversity, equity, inclusion, and accessibility principles in the workforce and daily work of the Peace Corps, including by— (i) increasing the recruitment of volunteers from diverse backgrounds and better supporting such volunteers during their training and enrollment in the Peace Corps; (ii) increasing and sustaining a diverse and inclusive workforce through data collection, anti-harassment and anti-discrimination measures, recruitment, retention, professional development, and promotion and leadership initiatives that also consider the work and roles of contractors; (iii) ensuring that advisory committees and boards represent the diversity of the agency; and (iv) increasing opportunities in operations, programming, and procurement through work with partners and communities that are underrepresented or traditionally marginalized; (F) make recommendations to reduce any financial barriers to application, training, or enrollment in the Peace Corps, including medical expenses and other out-of-pocket costs; and ; (2) in subsection (c), by amending paragraph (2) to read as follows: (2) (A) The Council shall be composed of 7 members who are United States citizens and are not being paid as officers or employees of the Peace Corps or of any other United States Government entity. (B) Of the 7 members of the Council— (i) 1 member shall be appointed by the President; (ii) 3 members shall be appointed by the President pro tempore of the Senate, of which— (I) 2 members shall be appointed upon the recommendation of the leader in the Senate of the political party that is not the political party of the President; (II) 1 member shall be appointed upon the recommendation of the leader in the Senate of the political party of the President; and (III) at least 2 members shall be former Peace Corps volunteers; and (iii) 3 members shall be appointed by the Speaker of the House of Representatives, of which— (I) 2 members shall be appointed upon the recommendation of the leader in the House of Representatives of the political party that is not the political party of the President; (II) 1 member shall be appointed upon the recommendation of the leader in the House of Representatives of the political party of the President; and (III) at least 2 members shall be former Peace Corps volunteers. (C) Council members shall be appointed to 2-year terms. No member of the Council may serve for more than 2 consecutive 2-year terms. (D) Not later than 30 days after any vacancy occurs on the Council, the Director shall appoint an individual to fill such vacancy. Any Council member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed— (i) shall be appointed for the remainder of such term; and (ii) may only serve on the Council for 1 additional 2-year term. (E) (i) Except as provided in clause (ii), Council members shall not be subject to laws relating to Federal employment, including laws relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (ii) Notwithstanding clause (i), Council members shall be deemed to be Federal employees for purposes of— (I) chapter 81 (II) chapter 11 (III) chapter 171 (IV) section 3721 of title 31 (relating to claims for damage to, or loss of, personal property incident to service). (F) Council members shall serve at the pleasure of the Director. The Council may remove a member from the Council by a vote of 5 members if the Council determines that such member— (i) committed malfeasance in office; (ii) persistently neglected, or was unable to successfully discharge, his or her duties on the Council; or (iii) committed an offense involving moral turpitude. ; (3) in subsection (g)— (A) by striking and at its first regular meeting in each calendar year thereafter at its first meeting each subsequent calendar year (B) by adding at the end the following: The Chair and Vice Chair shall each serve in such capacity for a period not to exceed 2 years. The Director may renew the term of members appointed as Chair and Vice Chair under this subsection. (4) in subsection (h), by amending paragraph (1) to read as follows: (1) The Council shall hold 1 regular meeting per quarter of each calendar year at a date and time to be determined by the Chair of the Council or at the call of the Director. ; and (5) by adding at the end the following: (k) Independence of Inspector General None of the activities or functions of the Council authorized under subsection (b)(2) may undermine the independence or supersede the duties of the Inspector General of the Peace Corps. . 12. Memorandum of Agreement with Bureau of Diplomatic Security of the Department of State (a) Quinquennial review and update Not later than 180 days after the date of the enactment of this Act, and at least once every 5 years thereafter, the Director of the Peace Corps and the Assistant Secretary of State for Diplomatic Security shall— (1) review the Memorandum of Agreement between the Bureau of Diplomatic Security of the Department of State and the Peace Corps regarding security support and protection of Peace Corps volunteers, and staff members abroad; and (2) update such Memorandum of Agreement, as appropriate. (b) Notification (1) In general The Director of the Peace Corps and the Assistant Secretary of State for Diplomatic Security shall jointly submit any update to the Memorandum of Agreement under subsection (a) to— (A) the Committee on Foreign Relations of the Senate (B) the Committee on Foreign Affairs of the House of Representatives (2) Timing of notification Each written notification submitted pursuant to paragraph (1) shall be submitted not later than 30 days before the update referred to in such paragraph takes effect. 13. Clarification regarding eligibility of United States nationals The Peace Corps Act ( 22 U.S.C. 2501 et seq. (1) in section 7(a)(5) ( 22 U.S.C. 2506(a)(5) United States citizens United States nationals of American Samoa and citizens of the United States (2) in section 8(b) ( 22 U.S.C. 2507(b) United States nationals of American Samoa and training for (3) in section 10(b) ( 22 U.S.C. 2509(b) any person not a citizen or resident of the United States any person who is not a United States national of American Samoa nor a citizen or resident of the United States (4) in section 12(g) ( 22 U.S.C. 2511(g) United States nationals of American Samoa or who are 14. Sexual Assault Advisory Council (a) Report and extension of the sexual assault advisory council Section 8D of the Peace Corps Act ( 22 U.S.C. 2507d (1) by amending subsection (d) to read as follows: (d) Reports On an annual basis through the date specified in subsection (g), the Council shall submit a report to the Director of the Peace Corps, the Committee on Foreign Relations of the Senate Committee on Appropriations of the Senate Committee on Foreign Affairs of the House of Representatives Committee on Appropriations of the House of Representatives ; and (2) in subsection (g), by striking October 1, 2023 October 1, 2028 15. Suspension without pay Section 7 of the Peace Corps Act ( 22 U.S.C. 2506 (b) Suspension without pay (1) The Peace Corps may suspend (without pay) any employee appointed or assigned under this section if the Director has determined that the employee engaged in serious misconduct that could impact the efficiency of the service and could lead to removal for cause. (2) Any employee for whom a suspension without pay is proposed under this subsection shall be entitled to— (A) written notice stating the specific reasons for such proposed suspension; (B) (i) up to 15 days to respond orally or in writing to such proposed suspension if the employee is assigned in the United States; or (ii) up to 30 days to respond orally or in writing to such proposed suspension if the employee is assigned outside of the United States; (C) representation by an attorney or other representative, at the employee’s own expense; (D) a written decision, including the specific reasons for such decision, as soon as practicable; (E) a process through which the employee may submit an appeal to the Director of the Peace Corps not later than 10 business days after the issuance of a written decision; and (F) a final decision personally rendered by the Director of the Peace Corps not later than 30 days after the receipt of such appeal. (3) Notwithstanding any other provision of law, a final decision under paragraph (2)(F) shall be final and not subject to further review. (4) If the Director fails to establish misconduct by an employee under paragraph (1) and no disciplinary action is taken against such employee based upon the alleged grounds for the suspension, the employee shall be entitled to reinstatement, back pay, full benefits, and reimbursement of attorney fees of up to $20,000. . 16. Oceania Peace Corps partnerships (a) In general Not later than 1 year after the date of the enactment of this Act, the Director of the Peace Corps shall submit a report to Congress containing strategies for reasonably and safely expanding the number of Peace Corps volunteers in the Indo-Pacific countries of Oceania, with the goals of— (1) expanding the presence of the Peace Corps to all currently feasible locations in the Indo-Pacific countries of Oceania; and (2) working with regional and international partners of the United States to expand the presence of Peace Corps volunteers in low-income communities in the Indo-Pacific countries of Oceania in support of climate resilience initiatives. (b) Elements The report required under subsection (a) shall— (1) assess the factors contributing to the current absence of the Peace Corps and its volunteers in the Indo-Pacific countries of Oceania; (2) examine potential remedies that include working with United States Government agencies and regional governments, including governments of United States allies— (A) to increase the health infrastructure and medical evacuation capabilities of the Indo-Pacific countries of Oceania to better support the safety of Peace Corps volunteers while in those countries; (B) to address physical safety concerns that have decreased the ability of the Peace Corps to operate in the Indo-Pacific countries of Oceania; and (C) to increase transportation infrastructure in the Indo-Pacific countries of Oceania to better support the travel of Peace Corps volunteers and their access to necessary facilities; (3) evaluate the potential to expand the deployment of Peace Corps Response volunteers to help the Indo-Pacific countries of Oceania address social, economic, and development needs of their communities that require specific professional expertise; and (4) explore potential new operational models to address safety and security needs of Peace Corps volunteers in the Indo-Pacific countries of Oceania, including— (A) changes to volunteer deployment durations; and (B) scheduled redeployment of volunteers to regional or United States-based healthcare facilities for routine physical and behavioral health evaluation. (c) Volunteers in low-Income oceania communities (1) In general In examining the potential to expand the presence of Peace Corps volunteers in low-income communities in the Indo-Pacific countries of Oceania under subsection (a)(2), the Director of the Peace Corps shall consider the development of initiatives described in paragraph (2). (2) Initiatives described Initiatives described in this paragraph are volunteer initiatives that help the Indo-Pacific countries of Oceania address social, economic, and development needs of their communities, including by— (A) addressing, through appropriate resilience-based interventions, the vulnerability that communities in the Indo-Pacific countries of Oceania face as result of extreme weather, severe environmental change, and other climate related trends; and (B) improving, through smart infrastructure principles, access to transportation and connectivity infrastructure that will help address the economic and social challenges that communities in the Indo-Pacific countries of Oceania confront as a result of poor or nonexistent infrastructure. (d) Indo-Pacific countries of Oceania defined The term Indo-Pacific countries of Oceania 17. Reports (a) Report on mental health evaluation standards (1) In general Not later than 1 year after the date of the enactment of this Act, the Director of the Peace Corps shall submit a report to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (2) Elements The report required under paragraph (1) shall include the following elements: (A) A detailed description of mental health screening guidelines and evaluation standards used by the Peace Corps to determine medical eligibility of applicants for service, including a description of the most common mental health conditions of applicants. (B) Specific standards in the mental health screening process that could lead to an applicant’s disqualification from service, and a description of how these determinations are made. (C) A description of any expedited mental health clearance process for severe or recent symptom presentation. (D) A description of periods of stability related to certain mental health conditions and symptoms recommended prior to an applicant’s clearance to serve. (E) An assessment of the impact of updated mental health evaluation guidance, including a comparison of mental health related volunteer medevacs in years before and after updated guidelines were implemented. (F) A review of these screening guidelines, conducted by a panel of certified and qualified medical professionals in the United States, that evaluates these standards based on scientific evidence and mental health research and proposes relevant updates or additions to current guidance. (b) Report on volunteer medical evacuations (1) In general Not later than the first May 1 occurring after the date of the enactment of this Act, and annually thereafter for 5 years, the Director of the Peace Corps shall submit a report to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (2) Elements The report required under paragraph (1) shall include the following elements: (A) The number of Peace Corps volunteer medical and mental health evacuations during the previous year. (B) A breakdown of these evacuations into medical and mental health evacuation categories. (C) The estimated cost of these evacuations for each year, including a breakdown of costs between medical and mental health evacuation categories. 18. Technical and conforming amendments The Peace Corps Act ( 22 U.S.C. 2501 et seq. (1) by amending section 1 to read as follows: 1. Short title; table of contents (a) Short title This Act may be cited as the Peace Corps Act (b) Table of contents The table of contents for this Act is as follows: TITLE I—The Peace Corps Sec. 1. Short title; table of contents. Sec. 2. Declaration of purpose. Sec. 2A. Peace Corps as an independent agency. Sec. 3. Authorization. Sec. 4. Director of the Peace Corps and delegation of functions. Sec. 5. Peace Corps volunteers. Sec. 5A. Health care for volunteers at Peace Corps posts. Sec. 5B. Codification of Executive orders relating to noncompetitive eligibility Federal hiring status for returning volunteers. Sec. 5C. Extension of period of existing noncompetitive eligibility Federal hiring status for returning volunteers. Sec. 6. Peace Corps volunteer leaders. Sec. 7. Peace Corps employees. Sec. 8. Volunteer training. Sec. 8A. Sexual assault risk-reduction and response training. Sec. 8B. Sexual assault policy. Sec. 8C. Office of Victim Advocacy. Sec. 8D. Establishment of Sexual Assault Advisory Council. Sec. 8E. Volunteer feedback and Peace Corps review. Sec. 8F. Establishment of a policy on stalking. Sec. 8G. Establishment of a confidentiality protection policy. Sec. 8H. Removal and assessment and evaluation. Sec. 8I. Reporting requirements. Sec. 8J. Comprehensive illegal drug use policy with respect to Peace Corps volunteers. Sec. 9. Participation of foreign nationals. Sec. 10. General powers and authorities. Sec. 11. Reports. Sec. 12. Peace Corps National Advisory Council. Sec. 13. Experts and consultants. Sec. 14. Detail of personnel to foreign governments and international organizations. Sec. 15. Utilization of funds. Sec. 16. Foreign Currency Fluctuations Account. Sec. 17. Use of foreign currencies. Sec. 18. Activities promoting Americans’ understanding of other peoples. Sec. 19. Exclusive right to seal and name. Sec. 22. Security investigations. Sec. 23. Universal Military Training and Service Act. Sec. 24. Foreign language proficiency. Sec. 25. Nonpartisan appointments. Sec. 26. Definitions. Sec. 27. Construction. Sec. 28. Effective date. TITLE II—Amendment of Internal Revenue Code and Social Security Act TITLE III—Encouragement of voluntary service programs Sec. 301. ; (2) in section 2(a) ( 22 U.S.C. 2501(a) (A) by striking help the peoples partner with the peoples (B) by striking manpower individuals (3) in section 3 ( 22 U.S.C. 2502 (A) by redesignating subsection (h) as subsection (e); and (B) in subsection (e), as redesignated, by striking disabled people people with disabilities (4) in section 4(b) ( 22 U.S.C. 2503(b) (A) by striking him the President (B) by striking he the Director (C) by striking of his subordinates functions. subordinate of the Director the authority to perform any such function. (5) in section 5 ( 22 U.S.C. 2504 (A) in subsection (c), by striking : Provided, however, the amount . Under such circumstances as the President may determine, the accrued readjustment allowance, or any part thereof, may be paid to the volunteer, members of the volunteer’s family, or others, during the period of the volunteer’s service, or prior to the volunteer’s return to the United States. In the event of the volunteer's death during the period of his service, the amount (B) in subsection (h), by striking he may determine the President may determine (C) in subsection (o) by striking the date of his departure the date of the volunteer’s departure from the volunteer’s place of residence to enter training until not later than 3 months after the termination of the volunteer’s service. (6) in section 6(3) ( 22 U.S.C. 2505(3) he may determine the President may determine (7) in section 7 ( 22 U.S.C. 2506 (A) in subsection (a), by moving paragraphs (7) and (8) 2 ems to the left; and (B) in subsection (b), as redesignated, by striking in his discretion in the President’s discretion (8) in section 8A ( 22 U.S.C. 2507a (A) in subsection (c), by striking his or her the volunteer’s (B) in subsection (d)(2), by inserting the information (C) in subsection (f)— (i) in paragraph (2)(A), by striking his or her the volunteer’s (ii) in paragraph (4)(A), by striking his or her the person’s (9) in section 8C(a) ( 22 U.S.C. 2507c(a) Victims Victim (10) in section 8E ( 22 U.S.C. 2507e (A) in subsection (b), by striking subsection (c),, subsection (c), (B) in subsection (e)(1)(F), by striking Peace Corp’s mission Peace Corps’ mission (11) in section 9 ( 22 U.S.C. 2508 (A) by striking under which he was admitted or who fails to depart from the United States at the expiration of the time for which he was admitted under which such person was admitted or who fails to depart from the United States at the expiration of the period for which such person was admitted (B) by striking Act proceedings Act. Removal proceedings (12) in section 10 ( 22 U.S.C. 2509 (A) in subsection (b), by striking he may prescribe the President may prescribe (B) in subsection (d), by striking section 3709 of the Revised Statutes of the United States, as amended, section 302 of the Federal Property and Administrative Services Act of 1949 sections 3101(a), 3101(c), 3104, 3106, 3301(b)(2), and 6101 of title 41, United States Code (C) in subsection (j), by striking of this section. (13) in section 12(d)(1)(b) ( 22 U.S.C. 2511(d)(1)(b) his or her the member’s (14) in section 14 ( 22 U.S.C. 2513 (A) in subsection (a), by striking his agency such agency (B) in subsection (b)— (i) by striking his allowance the (ii) by striking he (15) in section 15 ( 22 U.S.C. 2514 (A) in subsection (c), by striking that Act that subchapter (B) in subsection (d)(7), by striking his designee the Director’s designee (16) in section 19(a) ( 22 U.S.C. 2518(a) he shall determine the President shall determine (17) in section 23 ( 22 U.S.C. 2520 (A) in the section heading, by striking Universal Military Training and Service Military Selective Service (B) by striking Universal Military Training and Service Act Military Selective Service Act ( 50 U.S.C. 3801 et seq. (18) in section 24— (A) by striking he the volunteer (B) by striking his the volunteer’s (19) in section 26— (A) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively; (B) by inserting after paragraph (1) the following: (2) The term Director ; (C) in paragraph (5), as redesignated, by striking he or she the medical officer (D) in paragraph (7), as redesignated, by striking 5(m) 5(n) (E) in paragraph (10), as redesignated— (i) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (ii) in subparagraph (A), as redesignated, by striking section 5(f) section 5(e) (20) in section 301(a), by striking manpower individuals

Peace Corps Reauthorization Act of 2023

Dignity for Detained Immigrants Act of 2023 This bill directs the Department of Homeland Security (DHS) to establish standards for facilities holding non-U.S. nationals (aliens under federal law) in its custody, phases out using non-DHS facilities for such purposes, and addresses related issues. The standards must comply with the American Bar Association's Civil Immigration Detention Standards. The DHS Office of Inspector General (OIG) must conduct periodic unannounced inspections of each facility and take various actions against noncompliant facilities, including imposing fines, cancelling contracts, and closing facilities. DHS must report to Congress any death of an individual in its custody within 24 hours and conduct an investigation within 30 days that identifies policy changes that could reduce the likelihood of such a death. DHS may not contract with third parties to operate detention facilities or alternatives to detention programs and must terminate existing contracts within three years of the bill's enactment. The bill establishes that OIG facility inspection reports and contracts for an outside entity to operate a detention facility are records available to the public under the Freedom of Information Act. DHS must maintain certain information relating to immigration-related detention, including the detained individual's location and whether the individual was separated from family. The bill provides for various requirements and procedures related to immigration-related detention, including (1) prohibiting DHS from detaining children, (2) imposing a presumption that a detained individual should be released, and (3) establishing that individuals in custody shall be subject to the least restrictive conditions. The bill also abolishes mandatory detention for asylum seekers.

118 S1208 IS: Dignity for Detained Immigrants Act of 2023 U.S. Senate 2023-04-19 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. 1208 IN THE SENATE OF THE UNITED STATES April 19, 2023 Mr. Booker Mr. Markey Ms. Warren Mrs. Murray Mr. Sanders Mr. Welch Ms. Duckworth Committee on the Judiciary A BILL To provide standards for facilities at which aliens in the custody of the Department of Homeland Security are detained, and for other purposes. 1. Short title This Act may be cited as the Dignity for Detained Immigrants Act of 2023 2. Sense of Congress It is the sense of Congress that detention, even for a short period of time, inflicts severe, irreparable harm on children and should be avoided. 3. Definitions In this Act: (1) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on the Judiciary of the Senate (B) the Committee on Homeland Security and Governmental Affairs of the Senate (C) the Committee on the Judiciary of the House of Representatives (D) the Committee on Homeland Security of the House of Representatives (2) Department The term Department (3) Secretary The term Secretary 4. Standards for Department of Homeland Security detention facilities (a) Rulemaking Not later than 1 year after the date of the enactment of this Act, the Secretary shall, by regulation, establish detention standards for each facility at which aliens in the custody of the Department are detained. (b) Minimum protection The standards established under subsection (a) shall provide, at a minimum, the level of protection for detainees described in the American Bar Association’s Civil Immigration Detention Standards (adopted in August 2012, and as modified in August 2014). (c) Biennial updates Not less frequently than biennially, the Secretary shall review and update such standards, as appropriate. 5. Oversight and transparency (a) Periodic inspections (1) In general On a periodic basis, not less frequently than annually, the Inspector General of the Department (referred to in this section as the Inspector General (2) Report Not later than 60 days after conducting an inspection under paragraph (1), the Inspector General shall— (A) submit a report to the Secretary containing the results of such inspection; and (B) make the report available to the public on the internet website of the Department. (3) Failure to comply with standards (A) Initial failure (i) In general If the Inspector General determines that a facility has failed to comply with the standards established under section 4 for the first time during any 2-year period, and such noncompliance constitutes a deficiency that threatens the health, safety, or rights of detainees— (I) the Inspector General shall notify the Secretary of such determination; and (II) the Secretary shall— (aa) in the case of a facility not owned by the Department, impose a meaningful fine of not less than 10 percent of the value of the contract with the facility; and (bb) in the case of a facility owned by the Department— (AA) issue a written warning to the facility not later than 30 days after receiving such notification from the Inspector General, which shall include remedial measures to be carried out not later than 60 days after the issuance of the warning; and (BB) not later than 60 days after the issuance of a warning under subitem (AA), certify to the Inspector General that the remedial measures have been carried out. (ii) Follow-up inspection Not later than 180 days after the date on which the Inspector General makes a notification under clause (i)(I), the Inspector General shall conduct an in-person inspection of the facility to determine whether the facility has achieved compliance with the standards established under section 4. (B) Subsequent failures If the Inspector General determines that a facility has failed to comply with the standards established under section 4 in 2 or more inspections under paragraph (1) during any 2-year period, and such noncompliance constitutes a deficiency that threatens the health, safety, or rights of detainees— (i) the Inspector General shall notify the Secretary of such determination; and (ii) the Secretary shall— (I) in the case of a facility not owned by the Department— (aa) not later than 30 days after receiving such notification, transfer each detainee to a facility that does so comply; and (bb) terminate the contract with the owner or operator of the facility; and (II) in the case of a facility owned by the Department— (aa) not later than 60 days after receiving such notification, transfer each detainee to a facility that does so comply; and (bb) suspend the use of such facility until such time as the Inspector General— (AA) certifies to the Secretary that the facility is in compliance with such standards; and (BB) makes available to the public on the internet website of the Department information relating to the remedial measures taken. (b) Deaths in custody (1) Notification Not later than 24 hours after the death of an alien in the custody of the Department, the Secretary shall notify the appropriate committees of Congress of such death. (2) Investigations (A) In general Not later than 30 days after the death of an alien in the custody of the Department, the Secretary shall conduct an investigation into such death, which shall include a root cause analysis that identifies any changes to policies, practices, training curricula, staffing, or potential systemwide errors that may reduce the probability of such an event in the future. (B) Root cause analysis Each root cause analysis required by subparagraph (A) shall be carried out— (i) by appropriately qualified personnel, including 1 or more medical professionals qualified in a field relevant to the cause of death; and (ii) in accordance with professional medical standards for investigating sentinel events in medical care facilities, including the Sentinel Event Policy promulgated by The Joint Commission. (C) Public report Not later than 60 days after such a death, the Secretary shall— (i) issue a full report describing the results of the investigation required by subparagraph (A); and (ii) make the report available to the public on the internet website of the Department. (D) Review by inspector general Not later than 90 days after the death of an alien in the custody of the Department, the Inspector General shall conduct a review of the report issued under subparagraph (C) with respect to such death. (3) Definition of death of an alien in the custody of the department The term death of an alien in the custody of the Department (A) the location of the death; or (B) whether the death may have resulted from a health problem that existed before or during, or was exacerbated by, the detention of the alien. (c) Report to Congress (1) In general Not less frequently than annually, the Secretary shall submit to the appropriate committees of Congress a report on the inspections and oversight of facilities at which aliens in the custody of the Department are detained. (2) Elements Each report required by paragraph (1) shall include, for the preceding year— (A) a list of detention facilities found by the Inspector General to be in noncompliance with the standards established under section 4; (B) for each such facility, a description of the remedial actions taken, or planned to be taken, by the Secretary so as to achieve compliance with such standards; and (C) a determination as to whether such remedial actions have succeeded in bringing the facility into compliance with such standards. (d) Classification of documents for purposes of FOIA The reports required by subsections (a)(2) and (b)(2)(C) and any contract between the Department and a private or public entity that provides for the use of a facility not owned by the Department to detain aliens in the custody of the Department are considered records for purposes of section 552 of title 5, United States Code, and do not qualify for the exception under subsection (b)(4) of such section. (e) Facilities matrix (1) In general On the first day of each month, the Secretary shall ensure that a publicly accessible internet website of the Department contains the information described in paragraph (2) for each facility at which aliens in the custody of the Department are detained. (2) Elements The information referred to in paragraph (1) is, for each such facility, the following: (A) The name and location of the facility. (B) Whether the facility houses adults, children, or both. (C) The number of beds available in the facility on the last day of the preceding month, disaggregated by gender. (D) The total number of aliens detained in the facility on the last day of the preceding month, disaggregated by gender and classification as a child or as an adult. (E) Whether the facility is used to detain aliens for longer than 72 hours. (F) Whether the facility is used to detain aliens for longer than 7 days. (G) The average number of aliens detained in the facility during the current year and during the preceding month, disaggregated by gender and classification as a child or as an adult. (H) Whether the facility is in compliance with the standards established under section 4. (I) In the case of a facility not owned by the Department, a description of the nature of the contract providing for the detention of aliens at the facility. (J) The average, median, 25th quartile, and 50th quartile number of days that an alien has been detained at the facility during the preceding month. (f) Online detainee locator system The Secretary shall ensure that the online detainee locator system maintained by the Department, or any successor system, is updated not later than 12 hours after an alien is— (1) taken into, or released from, custody by the Department; (2) transferred to, or detained in, a detention facility; or (3) removed from the United States. (g) Information collected and maintained regarding aliens in DHS custody The Secretary shall collect and maintain, for each alien in the custody of the Department, the following information: (1) The gender and age of the alien. (2) The date on which the alien was taken into such custody. (3) The country of nationality of the alien. (4) Whether the alien is considered a vulnerable person (as such term is defined in section 236(c)(5) of the Immigration and Nationality Act, as amended by section 9) or a primary caregiver. (5) The provision of law pursuant to which the Secretary is authorized to detain the alien. (6) The name of the facility in which the alien is detained. (7) With respect to any transfer of the alien to another detention facility— (A) a description of the transfer of the alien to the other detention facility; (B) the reason for the transfer; and (C) in the case of a transfer effectuated despite presence of the alien's legal counsel or immediate relative in the jurisdiction of the original detention facility, a justification for such transfer. (8) The status and basis of any removal proceedings of which the alien is the subject. (9) The initial custody determination made by U.S. Immigration and Customs Enforcement, including any review of such determination. (10) The date of the alien’s release or removal, and the reason for such release or removal, as applicable. (11) Whether the alien is subject to a final order of removal. (12) Whether the alien was apprehended as part of a family unit. (13) Whether the alien was separated from a family unit at the border or in the interior of the United States. 6. Civil actions (a) In general An individual detained in a facility required to comply with the standards established under section 4 who is injured as a result of a violation of such standards may file a claim in the appropriate district court of the United States. (b) Recovery In a civil action under this subsection, the court may order injunctive relief and compensatory damages, and may award the prevailing party reasonable attorney fees, and costs. 7. Detention facility construction and maintenance (a) Restriction on construction (1) In general Not later than 180 days before initiating, or entering into a contract for, the construction of a new facility or the expansion of an existing facility for the detention of aliens in the custody of the Department, the Secretary shall submit to the appropriate committees of Congress a notification of the plan to construct or expand such facility, including— (A) the location, size, and capacity of such facility; (B) the anticipated timeline and cost of constructing or expanding such facility; and (C) the intended population to be detained at such facility, including the gender and age category of such population. (2) Public availability The Secretary shall make the information described in paragraph (1) available to the public on the internet website of the Department. (b) Phase-Out of private detention facilities and use of jails (1) Secure detention facilities (A) In general The Secretary— (i) may not enter into or extend any contract or agreement with any public or private for-profit entity that owns or operates a detention facility for use of such facility to detain aliens in the custody of the Department; and (ii) shall terminate any contract or agreement described in clause (i) not later than the date that is 3 years after the date of the enactment of this Act. (B) Ownership requirement Beginning on the date that is 3 years after the date of the enactment of this Act, any facility at which aliens in the custody of the Department are detained shall be owned and operated by the Department. (2) Alternatives to detention programs (A) In general The Secretary— (i) may not enter into or extend any contract or agreement with any public or private for-profit entity for the operation of a program or the use of a facility for nonresidential detention-related activities for aliens who are subject to monitoring by the Department; and (ii) shall terminate any contract or agreement described in clause (i) not later than the date that is 3 years after the date of the enactment of this Act. (B) Ownership and operation requirement Beginning on the date that is 3 years after the date of the enactment of this Act, any program or facility used for the activities described in subparagraph (A)(i) shall be owned and operated by a nonprofit organization or the Department. (3) Implementation plan Not later than 60 days after the date of the enactment of this Act, the Secretary shall develop, and make publicly available, a plan and timeline for the implementation of this subsection. 8. Appearance of detained aliens for other legal matters The Secretary shall establish rules to ensure that any alien detained in the custody of the Department who is required to appear in Federal or State court (including family court) for another matter is transported by an officer or employee of the Department to such court proceeding. 9. Procedures for detaining aliens (a) Probable cause and custody determination hearings Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 236. Apprehension and detention of aliens (a) Arrest, detention, and release (1) In general On a warrant issued by an immigration judge, or pursuant to section 287(a)(2), the Secretary of Homeland Security may arrest an alien, and in accordance with this section, detain the alien or release the alien on bond, subject to conditions or recognizance, pending a decision on whether the alien is to be removed from the United States. (2) Exemption for unaccompanied alien children (A) In general This section shall not apply to unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) (B) Transfer of custody Any unaccompanied alien child in the custody of the Secretary of Homeland Security shall be transferred to the custody of the Secretary of Health and Human Services pursuant to section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b)(3) (b) Bond determination (1) In general An immigration judge who releases an alien on bond under this section shall— (A) consider, for purposes of setting the amount of the bond, the alien’s financial position and ability to pay the bond without imposing financial hardship on the alien; and (B) set bond at an amount no greater than necessary to ensure the alien’s appearance for removal proceedings. (2) Inability to pay bond The Secretary of Homeland Security may not continue to detain an alien solely based on the alien's inability to pay bond. (c) Custody determination (1) Initial determination (A) In general Not later than 48 hours after taking an alien into custody pursuant to this section or section 235, or with respect to an alien subject to a reinstated order of removal pursuant to section 241(a)(5) who has been found to have a credible or reasonable fear of return, the Secretary of Homeland Security shall make an initial custody determination with regard to the alien, and provide such determination in writing to the alien. (B) Least restrictive conditions With respect to a custody determination under subparagraph (A), if the Secretary determines that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other individual or the community, the Secretary shall impose the least restrictive conditions, as described in paragraph (4). (2) Timing (A) In general An alien who seeks to challenge the initial custody determination under paragraph (1) shall be provided with the opportunity for a hearing before an immigration judge not later than 72 hours after the initial custody determination to determine whether the alien should be detained. (B) Access to counsel On request by an alien, or the legal counsel of an alien, an immigration judge may grant a reasonable continuance of a hearing under subparagraph (A) to provide the alien or such legal counsel additional time to prepare for the hearing. (3) Presumption of release (A) In general In a hearing under this subsection, there shall be a presumption that the alien should be released. (B) Rebuttal (i) In general The Secretary of Homeland Security has the duty of rebutting this presumption, which may only be established based on clear and convincing evidence, including credible and individualized information, that— (I) the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings; or (II) the alien is a threat to any other individual or the community. (ii) Consideration The Attorney General— (I) shall consider the totality of each case; and (II) may not rely on an alien's criminal conviction, arrest, pending criminal charge, or combination thereof as the sole factor to justify the continued detention of the alien. (4) Least restrictive conditions required (A) In general If an immigration judge determines, pursuant to a hearing under this section, that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other individual or the community, the immigration judge shall order the least restrictive conditions, or combination of conditions, that the judge determines will reasonably ensure the appearance of the alien as required and the safety of any other individual and the community, which may include— (i) release on recognizance; (ii) secured or unsecured release on bond; or (iii) participation in a program described in subsection (f). (B) Monthly review Not less frequently than monthly, the immigration judge shall review any condition assigned to an alien pursuant to subparagraph (A). (C) Modification of conditions of supervision An immigration judge may modify or rescind conditions of supervision imposed on an alien by the Secretary of Homeland Security. (5) Special rule for vulnerable persons and primary caregivers (A) In general In the case of an alien subject to a custody determination under this subsection who is a vulnerable person or a primary caregiver, the alien may not be detained unless the Secretary of Homeland Security demonstrates, in addition to the requirements under paragraph (3), that it is unreasonable or not practicable to place the alien in a community-based supervision program. (B) Definitions In this paragraph: (i) Material witness The term material witness (ii) Primary caregiver The term primary caregiver (iii) Vulnerable person The term vulnerable person (I) is under 21 years of age or over 60 years of age; (II) is pregnant; (III) identifies as lesbian, gay, bisexual, transgender, queer, or intersex; (IV) is a victim or witness of a crime; (V) has filed a nonfrivolous civil rights claim in Federal or State court; (VI) has filed, or is a material witness to, a bonafide workplace claim; (VII) has a serious mental or physical illness or disability; (VIII) has been determined by an asylum officer in an interview conducted under section 235(b)(1)(B) to have a credible fear of persecution or torture; (IX) has limited English language proficiency and is not provided access to appropriate and meaningful language services in a timely fashion; or (X) has been determined by an immigration judge or by the Secretary of Homeland Security to have experienced or to be experiencing severe trauma or to be a survivor of torture or gender-based violence, based on information obtained during intake, from the alien’s attorney or legal service provider, or through credible self-reporting. (iv) Workplace claim The term workplace claim (6) Subsequent determinations An alien detained under this section shall be provided with a de novo custody determination hearing under this subsection— (A) not later than 30 days after the date of the enactment of this Act; (B) every 60 days; and (C) upon showing of a change in circumstances or good cause for such a hearing. (d) Release upon an order granting relief from removal The Secretary of Homeland Security— (1) shall immediately release an alien with respect to whom an immigration judge has entered an order providing relief from removal (including an order granting asylum or withholding, deferral, or cancellation of removal) or an order terminating removal proceedings, which order is pending appeal, upon entry of the order; and (2) may impose only reasonable conditions on the alien’s release from custody. (e) Prohibition on detention of children Notwithstanding any other provision of this Act, the Secretary of Homeland Security may not detain in a facility operated or contracted by U.S. Immigration and Customs Enforcement any individual who is under the age of 18 years. (f) Community-Based case management program (1) In general The Secretary of Homeland Security shall establish, outside of the purview of U.S. Immigration and Customs Enforcement, a community-based case management program that— (A) provides alternatives to detaining aliens; (B) offers a continuum of community-based support options and services, including— (i) case management; and (ii) access to— (I) social services; (II) medical and mental health services; (III) housing; (IV) transportation; and (V) legal services; and (C) provides services in the appropriate language. (2) Prohibition on electronic surveillance The program under paragraph (1) may not include, as an alternative to detention, the provision of ankle monitors or other forms of electronic surveillance. (3) Contracts (A) In general The Secretary may enter into 1 or more contracts to operate the case management program described in paragraph (1). (B) Prioritization In entering into a contract under subparagraph (A), the Secretary shall give priority to direct contracts with qualified nongovernmental community-based organizations that have experience providing services to immigrant, refugee, and asylum-seeking populations. (4) Individualized determination required (A) In general In determining whether to order an alien to participate in a program under this subsection, the Secretary or the immigration judge, as appropriate, shall make an individualized determination to determine the appropriate level of supervision for the alien. (B) Exemption Participation in a program under this subsection may not be ordered for an alien for whom it is determined that release on reasonable bond or recognizance will reasonably ensure the appearance of the alien as required and the safety of any other individual and the community. (5) Prohibition on fees for alternatives to detention An alien who is required to participate in a specific alternatives to detention program or service may not be charged a fee for such participation. (6) Case management review and feasibility study Not later than 180 days after the date of the enactment of the Dignity for Detained Immigrants Act of 2023 (A) a review of best practices in federally funded case management programs and related services; and (B) a study of the feasibility of transferring alternatives to detention case management programs out of the purview of the Department of Homeland Security. . (b) Probable cause hearing Section 287(a) of the Immigration and Nationality Act ( 8 U.S.C. 1357(a)(2) United States; (a) In general Any officer or employee of the Department of Homeland Security authorized under regulations prescribed by the Secretary of Homeland Security shall have power without warrant— (1) to interrogate any alien or person believed to be an alien as to the person’s right to be or to remain in the United States, provided that such interrogation is not based on the person’s race, ethnicity, national origin, religion, sexual orientation, color, spoken language, or English language proficiency; and (2) to arrest any alien who, in the presence or view of the officer or employee, is entering or attempting to enter the United States in violation of any law or regulation made pursuant to law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if— (A) the officer or employee has probable cause to believe that— (i) the alien is in the United States in violation of any such law or regulation; and (ii) is likely to escape before a warrant can be obtained for the arrest of the alien; (B) the officer or employee has reason to believe that the alien would knowingly and willfully fail to appear in immigration court in response to a properly served notice to appear; and (C) not later than 48 hours after being taken into custody, the alien is provided with a hearing before an immigration judge to determine whether there was probable cause for such arrest, including probable cause to believe that the alien would have knowingly and willfully failed to appear as required under subparagraph (B) if the alien had not been arrested, which burden to establish probable cause shall be on the Department of Homeland Security; . (c) Mandatory detention repealed (1) In general The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (A) in section 235(b) ( 8 U.S.C. 1225(b) (i) in paragraph (1)(B)— (I) in clause (ii), by striking detained referred (II) in clause (iii), by striking subclause (IV); and (ii) in paragraph (2)(A), by striking detained referred (B) by striking section 236A ( 8 U.S.C. 1226 (C) in section 238(a)(2) ( 8 U.S.C. 1228(a)(2) pursuant to section 236(c), (D) in section 506(a)(2) ( 8 U.S.C. 1536(a)(2) (i) by amending the heading to read as follows: Release hearing for aliens detained (ii) in subparagraph (A)— (I) by amending the heading to read as follows: In general (II) in the matter preceding clause (i), by striking lawfully admitted for permanent residence (III) by striking clause (i); and (IV) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (2) Conforming amendments (A) The table of sections for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (B) Section 241(c)(3)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1231(c)(3)(A)(ii) (C) in subclause (I), by striking the comma at the end and inserting ; or (D) in subclause (II), by striking , or (E) by striking subclause (III). (d) Aliens ordered removed (1) In general Section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) (A) in paragraph (1), by striking 90 days 60 days (B) by amending paragraph (2) to read as follows: (2) Initial custody redetermination hearing (A) In general Not later than 72 hours after the entry of a final administrative order of removal, the alien ordered removed shall be provided with a custody redetermination hearing before an immigration judge. (B) Presumption of detention For purposes of the hearing under subparagraph (A), the alien shall be detained during the removal period unless the alien demonstrates by the preponderance of the evidence that— (i) the alien’s removal is not reasonably foreseeable; or (ii) the alien does not pose a risk to the safety of any other individual or the community. ; (C) in paragraph (3)— (i) in the paragraph heading, by striking 90-day 60-day (ii) in the matter preceding subparagraph (A), by striking the alien, pending removal, shall be subject to supervision under except as provided in paragraph (6), any alien who has been detained during the removal period shall be released from custody, pending removal, subject to individualized supervision requirements in accordance with (D) by amending paragraph (6) to read as follows: (6) Subsequent custody redetermination hearings (A) In general The Secretary of Homeland Security may request a subsequent redetermination hearing before an immigration judge seeking continued detention for an alien ordered to be detained pursuant to paragraph (2) who has not been removed within the removal period. (B) Standard An alien may only be detained after the removal period upon a showing by the Secretary of Homeland Security that— (i) the alien’s removal is reasonably foreseeable; or (ii) the alien poses a risk to the safety of any other individual or the community, which— (I) may only be established based on credible and individualized information; and (II) may not be established based solely on the fact that the alien has been charged with, or is suspected of, a crime. (C) Period of detention (i) In general An alien may not be detained pursuant to an order under this paragraph for longer than a 60-day period. (ii) Subsequent redetermination hearing The Secretary of Homeland Security may seek subsequent redetermination hearings under this paragraph in order to continue detaining an alien beyond each such 60-day period. ; and (E) by striking paragraph (7). (2) Technical and conforming amendments The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (A) in section 238 ( 8 U.S.C. 1228 (i) in subsection (a)(1)— (I) by moving the paragraph 2 ems to the right; (II) by amending the paragraph heading to read as follows: In general (III) in the first sentence— (aa) by striking section 241(a)(2)(A)(iii) section 237(a)(2)(A)(iii) (bb) by striking section 241(a)(2)(A)(ii) section 237(a)(2)(A)(ii) (cc) by striking section 241(a)(2)(A)(i) 237(a)(2)(A)(i) (ii) in the second subsection (c)— (I) in paragraph (2)(B), by striking section 241(a)(2)(A) section 237(a)(2)(A) (II) in paragraph (4), by striking section 241(a) section 237(a) (iii) by redesignating the second subsection (c) as subsection (d); (B) in section 276(b)(4) ( 8 U.S.C. 1326(b)(4) section 241(a)(4)(B) section 237(a)(4)(B) (C) in section 501(1) ( 8 U.S.C. 1531(1) section 241(a)(4)(B) section 237(a)(4)(B) 10. Prohibition on solitary confinement (a) In general An individual in the custody of the Department may not be placed in solitary confinement. (b) Definition of solitary confinement In this section, the term solitary confinement (1) in the case of an individual who is older than 21 years of age, the state of being confined to the individual’s cell, alone or with a cellmate, for more than 22 hours during a 24-hour period, with very limited out-of-cell time and severely restricted activity, movement, and social interaction whether pursuant to disciplinary, administrative, or classification action; and (2) in the case of an individual who is 21 years of age or younger, involuntary confinement alone in a cell, room, or other area for a period greater than 3 hours.

Dignity for Detained Immigrants Act of 2023

Tax Refund Protection Act This bill authorizes the Department of the Treasury to certify or decertify (for incompetence or willful misrepresentation) the practice of tax return preparers and impose fees on such preparers. It also authorizes Treasury to require tax return preparers to provide disclosures to person receiving tax return preparation services and regarding refund anticipation payment arrangements. Treasury may impose a penalty on tax return preparers who fail to make required disclosures.

118 S1209 IS: Tax Refund Protection Act U.S. Senate 2023-04-19 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. 1209 IN THE SENATE OF THE UNITED STATES April 19, 2023 Mr. Booker Committee on Finance A BILL To regulate tax return preparers and refund anticipation payment arrangements. 1. Short title This Act may be cited as the Tax Refund Protection Act 2. Regulation of tax return preparers (a) In general Section 330 of title 31, United States Code, is amended to read as follows: 330. Practice before the department and tax return preparers (a) Subject to section 500 of title 5, the Secretary of the Treasury may— (1) regulate the practice of representatives of persons before the Department of the Treasury through licensure; (2) certify the practice of tax return preparers; and (3) before admitting a representative or a tax return preparer to practice, require that the representative or tax return preparer demonstrate— (A) good character; (B) good reputation; (C) necessary qualifications to enable the representative or tax return preparer to provide to persons valuable service; and (D) competency to advise and assist persons in presenting their cases or in preparing tax returns, claims for refund, or other submissions related to the Internal Revenue Code of 1986 or other laws or regulations administered by the Internal Revenue Service. (b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of enrolled agent EA E.A. (c) (1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)— (A) suspend or disbar from practice before the Department a representative; (B) decertify a tax return preparer; or (C) censure a representative or tax return preparer. (2) A representative or tax return preparer is described in this paragraph if the representative or tax return preparer— (A) is incompetent; (B) is disreputable; (C) violates regulations prescribed under this section; or (D) with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented. (3) The Secretary may impose a monetary penalty on any representative or tax return preparer described in paragraph (2). If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension of the representative, the decertification of the tax return preparer, or censure of the representative or the tax return preparer. (d) After notice and opportunity for a hearing to any appraiser, the Secretary may— (1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and (2) bar such appraiser from presenting evidence or testimony in any such proceeding. (e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. (f) (1) The Secretary of the Treasury may impose fees on tax return preparers necessary to implement such programs as required by subsection (a). (2) In addition to paragraph (1), the Commissioner of Internal Revenue may impose an annual fee necessary for any competency testing and training required for licensure and certification under this section. (3) Nothing in this section may be construed to limit the authority of the Commissioner of Internal Revenue to issue orders and establish fees related to the other purposes, including the issuing of Preparer Tax Identification Numbers. (g) For purposes of this section— (1) the term tax return preparer section 7701(a)(36) (2) the term tax return return (3) the term claim for refund . (b) Clerical amendment The chapter analysis for chapter 3 330. Practice before the department and tax return preparers. . 3. Clarifying authority to impose civil penalties for improper disclosures Subsection (c) of section 6713 (c) Exceptions (1) Exceptions The rules of section 7216(b) shall apply for purposes of this section. (2) Cross reference See section 7216 for criminal penalty for disclosure or use of information by preparers of returns. . 4. Regulation of refund anticipation payment instruments (a) Disclosure requirements for tax return preparers Subchapter A of chapter 80 7813. Disclosure requirements for tax return preparers (a) In general The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. Such disclosures shall— (1) identify the amount of fees the tax return preparer charges for preparing a tax return, filing a tax return, submitting a claim for refund, executing a refund anticipation payment arrangement, or submitting other submissions related to this title or other laws or regulations administered by the Internal Revenue Service, (2) identify where on the website published by the Internal Revenue Service the average amount of time in which an individual who files a Federal income tax return can expect to receive a refund, (3) in the case of a refund anticipation payment arrangement involving a depository account not controlled by the person receiving tax return preparation services or a prospective person to receive such services, describe— (A) the difference in days between the average amount of time by which a person receiving tax return preparation services or a prospective person to receive such services receives the tax refund (in whole or in part) from a refund anticipation payment arrangement, and (B) the average amount of time by which a person receiving tax return preparation services or a prospective person to receive such services who files a Federal income tax return electronically receives the tax refund deposited directly to that person’s account by the taxing authority, (4) state that a refund anticipation payment arrangement is not necessary to receive a tax refund, (5) state that, if a person receiving tax return preparation services or a prospective person to receive such services does not receive a tax refund or the amount of the tax refund is less than the amount anticipated under the refund anticipation payment arrangement, the person receiving tax return preparation services or a prospective person to receive such services may be responsible for paying any fees and interest associated with a refund anticipation payment arrangement, and (6) include any such other disclosures not specified in the preceding paragraphs to carry out this section that the Secretary deems appropriate. (b) Refund anticipation payment arrangement defined For purposes of this section, the term ‘refund anticipation payment arrangement’ means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer’s tax refund to a tax return preparer, lender, or other affiliated lender by— (1) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender, or (2) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender. . (b) Failure To disclose Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: 6720D. Failure to meet disclosure requirements for tax return preparers (a) General rule If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. (b) Penalty in addition to other penalties The penalty imposed by this section shall be in addition to any other penalty imposed by law. . (c) Clerical amendments (1) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting after the item related to section 6720C the following new item: Sec. 6720D. Failure to meet disclosure requirements for tax return preparers. . (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: Sec. 7813. Disclosure requirements for tax return preparers. . (d) Effective date The amendments made by this section shall apply with respect to returns filed after December 31, 2023.

Tax Refund Protection Act

Protecting Children with Food Allergies Act This bill requires the food and nutrition programs of the Department of Agriculture (USDA), such as the National School Lunch Program, to include training requirements, training opportunities, and other educational resources that address food allergies. Specifically, USDA must develop and publish training modules and other educational materials for food service personnel in schools relating to (1) preventing allergic reactions to food, including making food substitutions available for children with food allergies; (2) identifying symptoms of such reactions; and (3) responding to the reactions. Further, the bill requires school food service personnel who participate in the National School Lunch Program and the School Breakfast Program to complete the training and certify their competence in preventing, identifying, and responding to food allergies. USDA must also make the training available to personnel under other child nutrition programs, including the Special Milk Program, the Summer Food Service Program, and the Child and Adult Care Food Program. Additionally, USDA must incorporate food allergy information into its nutrition education materials for participants under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

118 S121 IS: Protecting Children with Food Allergies Act 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. 121 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Durbin Ms. Duckworth Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Child Nutrition Act of 1966 to require the provision of training and information to certain personnel relating to food allergy identification and response, and for other purposes. 1. Short title This Act may be cited as the Protecting Children with Food Allergies Act 2. Food allergy training completion requirement Section 7(g)(2) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1776(g)(2) (C) Food allergy training and certification for all local food service personnel (i) In general The Secretary shall develop, in consultation with relevant stakeholder groups with food allergy expertise, and publish training modules and other educational materials in accordance with clause (ii). (ii) Training modules A training program carried out under this subparagraph shall include training modules relating to— (I) the prevention of allergic reactions to food, which may include— (aa) communicating food allergen information in school menus, food products, and recipes; (bb) best practices to avoid cross-contact; and (cc) the availability of appropriate food substitutions for children with food allergies; (II) the identification of food-related allergic reaction symptoms; and (III) the appropriate responses to an allergic reaction to food. (iii) Certification of local personnel (I) In general In accordance with criteria established by the Secretary, local food service personnel shall complete training and receive a certification to demonstrate competence with respect to the training provided under clause (ii). (II) Treatment The Secretary may allow local food personnel to apply a certification received under this clause toward any other training requirements under this subsection. (iv) Methods for inclusion The training required under this subparagraph shall be provided, as the Secretary determines to be necessary, in— (I) relevant languages other than English, for individuals with limited English proficiency; and (II) relevant alternative formats, for individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (v) Availability to other personnel The Secretary shall make the training provided under this subparagraph available to personnel under child nutrition programs not covered under this subsection, including personnel under— (I) the special milk program under section 3; (II) the summer food service program for children under section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 (III) the child and adult care food program under section 17 of that Act ( 42 U.S.C. 1766 (vi) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subparagraph $1,000,000 for each of fiscal years 2024 through 2028. . 3. Activities to support WIC-eligible individuals impacted by food allergies Section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 (1) by redesignating subsections ( l (2) by inserting after subsection (k) the following: (l) Activities To support WIC-Eligible individuals impacted by food allergies (1) In general In accordance with subsection (e), the Secretary shall— (A) submit to the Secretary of Health and Human Services for comment proposed nutrition education materials for use under subsection (e), which shall— (i) incorporate evidence-based findings from the United States Dietary Guidelines for Americans relating to food allergies and potentially allergenic foods; and (ii) include nutrition education materials for— (I) individuals with food allergies during pregnancy and in the postpartum period; (II) infants impacted by prenatal food allergy exposure; and (III) children with food allergies; and (B) after submitting the materials in accordance with subparagraph (A), publish and disseminate the materials for use under subsection (e). (2) Requirements for inclusion (A) In general The nutrition education materials under paragraph (1) shall be provided, as the Secretary determines to be necessary, in— (i) relevant languages other than English for individuals with limited English proficiency; and (ii) relevant alternative formats for individuals with disabilities (as defined in section 3 of the Americans With Disabilities Act of 1990 ( 42 U.S.C. 12102 (B) Outreach In carrying out this paragraph, the Secretary shall conduct outreach to individuals who are, or may be— (i) eligible to participate in— (I) the program under this section; or (II) a training program of a State agency under subsection (e)(2); and (ii) impacted by food allergies. (3) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $1,000,000 for fiscal year 2024. ; (3) in subsection (q) (as redesignated by paragraph (1))— (A) in paragraph (1), by striking subsection (o)(1)(A) subsection (p)(1)(A) (B) in paragraph (2)(B), by striking subsection (o)(1)(A) subsection (p)(1)(A) (4) in paragraph (5) of subsection (t) (as redesignated by paragraph (1)), by striking subsection (r) subsection (s)

Protecting Children with Food Allergies Act

Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023 This bill allows a notary public commissioned under state law to remotely notarize electronic records and perform notarizations for remotely located individuals. The bill provides technical requirements for the notarizations, including the creation and retention of video and audio recordings and the use of communication technologies (i.e., video chat). Additionally, the bill requires U.S. courts and states to recognize notarizations—including remote notarizations of electronic records and notarizations of remotely-located individuals—that occur in or affect interstate commerce and are performed by a notary public commissioned under the laws of other states. The bill also allows a notary public to remotely notarize electronic records involving an individual located outside of the United States, subject to certain requirements.

118 S1212 IS: Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023 U.S. Senate 2023-04-19 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. 1212 IN THE SENATE OF THE UNITED STATES April 19, 2023 Mr. Cramer Mr. Warner Committee on the Judiciary A BILL To authorize notaries public to perform, and to establish minimum standards for, electronic notarizations and remote notarizations that occur in or affect interstate commerce, to require any Federal court to recognize notarizations performed by a notarial officer of any State, to require any State to recognize notarizations performed by a notarial officer of any other State when the notarization was performed under or relates to a public Act, record, or judicial proceeding of the notarial officer’s State or when the notarization occurs in or affects interstate commerce, and for other purposes. 1. Short title This Act may be cited as the Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023 2. Definitions In this Act: (1) Communication technology The term communication technology (2) Electronic; electronic record; electronic signature; information; person; record The terms electronic electronic record electronic signature information person record 15 U.S.C. 7006 (3) Law The term law (4) Notarial officer The term notarial officer (A) a notary public; or (B) any other individual authorized to perform a notarization under the laws of a State without a commission or appointment as a notary public. (5) Notarial officer’s State; notary public’s State The term notarial officer’s State notary public’s State (6) Notarization The term notarization (A) means any act that a notarial officer may perform under— (i) Federal law, including this Act; or (ii) the laws of the notarial officer’s State; and (B) includes any act described in subparagraph (A) and performed by a notarial officer— (i) with respect to— (I) a tangible record; or (II) an electronic record; and (ii) for— (I) an individual in the physical presence of the notarial officer; or (II) a remotely located individual. (7) Notary public The term notary public (8) Personal knowledge The term personal knowledge (9) Remotely located individual The term remotely located individual (10) Requirement The term requirement (11) Signature The term signature (A) an electronic signature; or (B) a tangible symbol executed or adopted by a person and evidencing the present intent to authenticate or adopt a record. (12) Simultaneously The term simultaneously (A) means that each party communicates substantially simultaneously and without unreasonable interruption or disconnection; and (B) includes any reasonably short delay that is inherent in, or common with respect to, the method used for the communication. (13) State The term State (A) means— (i) any State of the United States; (ii) the District of Columbia; (iii) the Commonwealth of Puerto Rico; (iv) any territory or possession of the United States; and (v) any federally recognized Indian Tribe; and (B) includes any executive, legislative, or judicial agency, court, department, board, office, clerk, recorder, register, registrar, commission, authority, institution, instrumentality, county, municipality, or other political subdivision of an entity described in any of clauses (i) through (v) of subparagraph (A). 3. Authorization to perform and minimum standards for electronic notarization (a) Authorization Unless prohibited under section 10, and subject to subsection (b), a notary public may perform a notarization that occurs in or affects interstate commerce with respect to an electronic record. (b) Requirements of electronic notarization If a notary public performs a notarization under subsection (a), the following requirements shall apply with respect to the notarization: (1) The electronic signature of the notary public, and all other information required to be included under other applicable law, shall be attached to or logically associated with the electronic record. (2) The electronic signature and other information described in paragraph (1) shall be bound to the electronic record in a manner that renders any subsequent change or modification to the electronic record evident. 4. Authorization to perform and minimum standards for remote notarization (a) Authorization Unless prohibited under section 10, and subject to subsection (b), a notary public may perform a notarization that occurs in or affects interstate commerce for a remotely located individual. (b) Requirements of remote notarization If a notary public performs a notarization under subsection (a), the following requirements shall apply with respect to the notarization: (1) The remotely located individual shall appear personally before the notary public at the time of the notarization by using communication technology. (2) The notary public shall— (A) reasonably identify the remotely located individual— (i) through personal knowledge of the identity of the remotely located individual; or (ii) by obtaining satisfactory evidence of the identity of the remotely located individual by— (I) using not fewer than 2 distinct types of processes or services through which a third person provides a means to verify the identity of the remotely located individual through a review of public or private data sources; or (II) oath or affirmation of a credible witness who— (aa) (AA) is in the physical presence of the notary public or the remotely located individual; or (BB) appears personally before the notary public and the remotely located individual by using communication technology; (bb) has personal knowledge of the identity of the remotely located individual; and (cc) has been identified by the notary public under clause (i) or subclause (I) of this clause; (B) either directly or through an agent— (i) create an audio and visual recording of the performance of the notarization; and (ii) notwithstanding any resignation from, or revocation, suspension, or termination of, the notary public’s commission or appointment, retain the recording created under clause (i) as a notarial record— (I) for a period of not less than— (aa) if an applicable law of the notary public’s State specifies a period of retention, the greater of— (AA) that specified period; or (BB) 5 years after the date on which the recording is created; or (bb) if no applicable law of the notary public’s State specifies a period of retention, 10 years after the date on which the recording is created; and (II) if any applicable law of the notary public’s State govern the content, manner or place of retention, security, use, effect, or disclosure of such recording or any information contained in the recording, in accordance with those laws; and (C) if the notarization is performed with respect to a tangible or electronic record, take reasonable steps to confirm that the record before the notary public is the same record with respect to which the remotely located individual made a statement or on which the individual executed a signature. (3) If a guardian, conservator, executor, personal representative, administrator, or similar fiduciary or successor is appointed for or on behalf of a notary public or a deceased notary public under applicable law, that person shall retain the recording under paragraph (2)(B)(ii), unless— (A) another person is obligated to retain the recording under applicable law of the notary public’s State; or (B) (i) under applicable law of the notary public’s State, that person may transmit the recording to an office, archive, or repository approved or designated by the State; and (ii) that person transmits the recording to the office, archive, or repository described in clause (i) in accordance with applicable law of the notary public’s State. (4) If the remotely located individual is physically located outside the geographic boundaries of a State, or is otherwise physically located in a location that is not subject to the jurisdiction of the United States, at the time of the notarization— (A) the record shall— (i) be intended for filing with, or relate to a matter before, a court, governmental entity, public official, or other entity that is subject to the jurisdiction of the United States; or (ii) involve property located in the territorial jurisdiction of the United States or a transaction substantially connected to the United States; and (B) the act of making the statement or signing the record may not be prohibited by a law of the jurisdiction in which the individual is physically located. (c) Personal appearance satisfied If a State or Federal law requires an individual to appear personally before or be in the physical presence of a notary public at the time of a notarization, that requirement shall be considered to be satisfied if— (1) the individual— (A) is a remotely located individual; and (B) appears personally before the notary public at the time of the notarization by using communication technology; and (2) (A) the notarization was performed under or relates to a public act, record, or judicial proceeding of the notary public’s State; or (B) the notarization occurs in or affects interstate commerce. 5. Recognition of notarizations in Federal court (a) Recognition of validity Each court of the United States shall recognize as valid under the State or Federal law applicable in a judicial proceeding before the court any notarization performed by a notarial officer of any State if the notarization is valid under the laws of the notarial officer’s State or under this Act. (b) Legal effect of recognized notarization A notarization recognized under subsection (a) shall have the same effect under the State or Federal law applicable in the applicable judicial proceeding as if that notarization was validly performed— (1) (A) by a notarial officer of the State, the law of which is applicable in the proceeding; or (B) under this Act or other Federal law; and (2) without regard to whether the notarization was performed— (A) with respect to— (i) a tangible record; or (ii) an electronic record; or (B) for— (i) an individual in the physical presence of the notarial officer; or (ii) a remotely located individual. (c) Presumption of genuineness In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of an individual performing the notarization shall be prima facie evidence in any court of the United States that the signature of the individual is genuine and that the individual holds the designated title. (d) Conclusive evidence of authority In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of the following notarial officers of a State shall conclusively establish the authority of the officer to perform the notarization: (1) A notary public of that State. (2) A judge, clerk, or deputy clerk of a court of that State. 6. Recognition by state of notarizations performed under authority of another State (a) Recognition of validity Each State shall recognize as valid under the laws of that State any notarization performed by a notarial officer of any other State if— (1) the notarization is valid under the laws of the notarial officer’s State or under this Act; and (2) (A) the notarization was performed under or relates to a public act, record, or judicial proceeding of the notarial officer’s State; or (B) the notarization occurs in or affects interstate commerce. (b) Legal effect of recognized notarization A notarization recognized under subsection (a) shall have the same effect under the laws of the recognizing State as if that notarization was validly performed by a notarial officer of the recognizing State, without regard to whether the notarization was performed— (1) with respect to— (A) a tangible record; or (B) an electronic record; or (2) for— (A) an individual in the physical presence of the notarial officer; or (B) a remotely located individual. (c) Presumption of genuineness In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of an individual performing a notarization shall be prima facie evidence in any State court or judicial proceeding that the signature is genuine and that the individual holds the designated title. (d) Conclusive evidence of authority In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of the following notarial officers of a State conclusively establish the authority of the officer to perform the notarization: (1) A notary public of that State. (2) A judge, clerk, or deputy clerk of a court of that State. 7. Electronic and remote notarization not required Nothing in this Act may be construed to require a notary public to perform a notarization— (1) with respect to an electronic record; (2) for a remotely located individual; or (3) using a technology that the notary public has not selected. 8. Validity of notarizations; rights of aggrieved persons not affected; State laws on the practice of law not affected (a) Validity not affected The failure of a notary public to meet a requirement under section 3 or 4 in the performance of a notarization, or the failure of a notarization to conform to a requirement under section 3 or 4, shall not invalidate or impair the recognition of the notarization. (b) Rights of aggrieved persons The validity and recognition of a notarization under this Act may not be construed to prevent an aggrieved person from seeking to invalidate a record or transaction that is the subject of a notarization or from seeking other remedies based on State or Federal law other than this Act for any reason not specified in this Act, including on the basis— (1) that a person did not, with present intent to authenticate or adopt a record, execute a signature on the record; (2) that an individual was incompetent, lacked authority or capacity to authenticate or adopt a record, or did not knowingly and voluntarily authenticate or adopt a record; or (3) of fraud, forgery, mistake, misrepresentation, impersonation, duress, undue influence, or other invalidating cause. (c) Rule of construction Nothing in this Act may be construed to affect a State law governing, authorizing, or prohibiting the practice of law. 9. Exception to preemption (a) In general A State law may modify, limit, or supersede the provisions of section 3, or subsection (a) or (b) of section 4, with respect to State law only if that State law— (1) either— (A) constitutes an enactment or adoption of the Revised Uniform Law on Notarial Acts, as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 2018, except that a modification to such Law enacted or adopted by a State shall be preempted to the extent such modification— (i) is inconsistent with a provision of section 3 or subsection (a) or (b) of section 4, as applicable; or (ii) would not be permitted under subparagraph (B); or (B) specifies additional or alternative procedures or requirements for the performance of notarizations with respect to electronic records or for remotely located individuals, if those additional or alternative procedures or requirements— (i) are consistent with section 3 and subsections (a) and (b) of section 4; and (ii) do not accord greater legal effect to the implementation or application of a specific technology or technical specification for performing those notarizations; and (2) requires the retention of an audio and visual recording of the performance of a notarization for a remotely located individual for a period of not less than 5 years after the recording is created. (b) Rule of construction Nothing in section 5 or 6 may be construed to preclude the recognition of a notarization under applicable State law, regardless of whether such State law is consistent with section 5 or 6. 10. Standard of care; special notarial commissions (a) State standards of care; authority of State regulatory officials Nothing in this Act may be construed to prevent a State, or a notarial regulatory official of a State, from— (1) adopting a requirement in this Act as a duty or standard of care under the laws of that State or sanctioning a notary public for breach of such a duty or standard of care; (2) establishing requirements and qualifications for, or denying, refusing to renew, revoking, suspending, or imposing a condition on, a commission or appointment as a notary public; (3) creating or designating a class or type of commission or appointment, or requiring an endorsement or other authorization to be received by a notary public, as a condition on the authority to perform notarizations with respect to electronic records or for remotely located individuals; or (4) prohibiting a notary public from performing a notarization under section 3 or 4 as a sanction for a breach of duty or standard of care or for official misconduct. (b) Special commissions or authorizations created by a State; sanction for breach or official misconduct A notary public may not perform a notarization under section 3 or 4 if— (1) (A) the notary public’s State has enacted a law that creates or designates a class or type of commission or appointment, or requires an endorsement or other authorization to be received by a notary public, as a condition on the authority to perform notarizations with respect to electronic records or for remotely located individuals; and (B) the commission or appointment of the notary public is not of the class or type or the notary public has not received the endorsement or other authorization; or (2) the notarial regulatory official of the notary public’s State has prohibited the notary public from performing the notarization as a sanction for a breach of duty or standard of care or for official misconduct. 11. Severability If any provision of this Act or the application of such provision to any person or circumstance is held to be invalid or unconstitutional, the remainder of this Act and the application of the provisions thereof to other persons or circumstances shall not be affected by that holding.

Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023

Ending the Prescription Drug Kickback Act of 2023 This bill generally prohibits prescription drug manufacturers from providing rebates to pharmacy benefit managers (PBMs) or private health insurance plans. Specifically, the bill eliminates the safe harbor for rebates, or other payments, provided to PBMs that are intended to influence the applicable cost-sharing tier of the drug (e.g., placing the drug in a more favorable formulary tier). The bill further prohibits health insurance plans from receiving such rebates with respect to a prescription drug covered by the plan. Plans also must ensure PBMs do not receive any such rebates.

118 S1217 IS: Ending the Prescription Drug Kickback Act of 2023 U.S. Senate 2023-04-19 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. 1217 IN THE SENATE OF THE UNITED STATES April 19, 2023 Mr. Hawley Committee on Health, Education, Labor, and Pensions A BILL To prohibit the distribution and receipt of rebates for prescription drugs. 1. Short title This Act may be cited as the Ending the Prescription Drug Kickback Act of 2023 2. Requirements for prescription drug benefits (a) Removal of safe harbor protection for rebates involving prescription drugs (1) Removal of safe harbor protection for rebates involving prescription drugs Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended— (A) in paragraph (3)(A), by striking a discount subject to paragraph (5), a discount (B) by adding at the end the following: (5) Removal of safe harbor protection for rebates involving prescription drugs (A) In general The safe harbor described in paragraph (3)(A) shall not apply to a rebate or other remuneration, including a rebate or other remuneration intended to influence formulary tier placement or its equivalent, from a manufacturer of prescription drugs or an entity that provides pharmacy benefits management services. (B) Definitions In this paragraph: (i) Entity that provides pharmacy benefits management services The term entity that provides pharmacy benefits management services (I) any person, business, or other entity that provides, directly or through an intermediary, the service of— (aa) negotiating terms and conditions with respect to a prescription drug on behalf of a health plan under a Federal health care program; or (bb) managing the prescription drug benefits provided by the plan, which may include formulary management, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, or the provision of related services; or (II) any entity that is owned, affiliated, or related under a common ownership structure with a person, business, or entity described in subclause (I). (ii) Rebate The term rebate . (2) Effective date The amendments made by this subsection shall take effect on January 1, 2025. (b) Requirements for private insurance plans (1) In general Part D of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–111 et seq. 2799A–11. Requirements with respect to prescription drug benefits (a) In general A group health plan or a health insurance issuer offering group or individual health insurance coverage shall not, and shall ensure that any entity that provides pharmacy benefits management services on its behalf does not, receive from a drug manufacturer a rebate or other remuneration, including a rebate or other remuneration intended to influence formulary tier placement or its equivalent, with respect to any prescription drug received by an enrollee in the plan or coverage and covered by the plan or coverage. (b) Definitions For purposes of this section— (1) the term entity that provides pharmacy benefits management services (A) any person, business, or other entity that provides, directly or through an intermediary, the service of— (i) negotiating terms and conditions with respect to a prescription drug on behalf of a group health plan or group or individual health insurance coverage; or (ii) managing the prescription drug benefits provided by the plan or coverage, which may include formulary management, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, or the provision of related services; or (B) any entity that is owned, affiliated, or related under a common ownership structure with a person, business, or entity described in paragraph (1); and (2) the term rebate . (2) ERISA (A) In general Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq. 726. Requirements with respect to prescription drug benefits (a) In general A group health plan or a health insurance issuer offering group health insurance coverage shall not, and shall ensure that any entity that provides pharmacy benefits management services on its behalf does not, receive from a drug manufacturer a rebate or other remuneration, including a rebate or other remuneration intended to influence formulary tier placement or its equivalent, with respect to any prescription drug received by an enrollee in the plan or coverage and covered by the plan or coverage. (b) Definitions For purposes of this section— (1) the term entity that provides pharmacy benefits management services (A) any person, business, or other entity that provides, directly or through an intermediary, the service of— (i) negotiating terms and conditions with respect to a prescription drug on behalf of a group health plan or group health insurance coverage; or (ii) managing the prescription drug benefits provided by the plan or coverage, which may include formulary management, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, or the provision of related services; or (B) any entity that is owned, affiliated, or related under a common ownership structure with a person, business, or entity described in paragraph (1); and (2) the term rebate . (B) Clerical amendment The table of contents of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 725 the following: Sec. 726. Requirements with respect to prescription drug benefits. . (3) IRC (A) In general Subchapter B of chapter 100 9826. Requirements with respect to prescription drug benefits (a) In general A group health plan shall not, and shall ensure that any entity that provides pharmacy benefits management services on its behalf does not, receive from a drug manufacturer a rebate or other remuneration with respect to any prescription drug received by an enrollee in the plan and covered by the plan. (b) Definitions For purposes of this section— (1) the term entity that provides pharmacy benefits management services (A) any person, business, or other entity that provides, directly or through an intermediary, the service of— (i) negotiating terms and conditions with respect to a prescription drug on behalf of a group health plan; or (ii) managing the prescription drug benefits provided by the plan, which may include formulary management, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, or the provision of related services; or (B) any entity that is owned, affiliated, or related under a common ownership structure with a person, business, or entity described in paragraph (1); and (2) the term rebate . (B) Clerical amendment The table of sections for subchapter B of chapter 100 Sec. 9826. Requirements with respect to prescription drug benefits. . (4) Effective date The amendments made by paragraphs (1), (2), and (3) shall take effect on January 1, 2025.

Ending the Prescription Drug Kickback Act of 2023

Fair Prescription Drug Prices for Americans Act This bill caps the price of drugs and biologics at the average price among certain countries. Specifically, the retail list price of a drug or biologic in the United States may not exceed the average retail list price among Canada, France, Germany, Italy, Japan, and the United Kingdom. The Department of Health and Human Services (HHS) must calculate the average price in these countries based on data that is submitted by manufacturers directly to HHS and on publicly filed materials from manufacturers. Manufacturers who violate the bill's price cap are subject to civil penalties.

118 S1218 IS: Fair Prescription Drug Prices for Americans Act U.S. Senate 2023-04-19 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. 1218 IN THE SENATE OF THE UNITED STATES April 19, 2023 Mr. Hawley Committee on Health, Education, Labor, and Pensions A BILL To require that the retail list price for certain prescription drugs and biological products may not exceed the average retail list price for the drug or biological product among certain nations. 1. Short title This Act may be cited as the Fair Prescription Drug Prices for Americans Act 2. International reference pricing for prescription drugs and biological products (a) Definitions In this section: (1) Biological product The term biological product 42 U.S.C. 262 (2) Drug The term drug 21 U.S.C. 355 (3) Secretary The term Secretary (b) Cap on retail list price of prescription drugs and biological products The retail list price in the United States for a drug or a biological product may not exceed the average retail list price for the drug or biological product among Canada, France, Germany, Italy, Japan, and the United Kingdom, as calculated under subsection (c). (c) Calculation of average retail list price The Secretary shall calculate on an annual basis the average retail list price for each drug and biological product sold in Canada, France, Germany, Italy, Japan, and the United Kingdom, through a combination of data reported by manufacturers of drugs and biological products under subsection (e) and data obtained through review of publicly filed materials by manufacturers of drugs and biological products in such countries. (d) Civil monetary penalty (1) In general Any manufacturer that violates subsection (b) with respect to a drug or biological product shall be subject to a civil monetary penalty imposed by the Secretary in amount equal to the product obtained by multiplying— (A) the difference between— (i) the list price for the drug or biological product sold in the United States; and (ii) the average retail list price for the drug or biological product sold in Canada, France, Germany, Italy, Japan, and the United Kingdom, as calculated under subsection (c); and (B) 10. (2) Requirement The amount of a civil monetary penalty under paragraph (1) shall be calculated and charged for each unit of drug or biological product sold. (e) Data collection Each manufacturer of a drug or biological product shall submit to the Secretary on an annual basis— (1) the list price for the drug or biological product sold in the United States; and (2) the list price for the drug or biological product sold in each of Canada, France, Germany, Italy, Japan, and the United Kingdom. (f) Guidance and regulations The Secretary shall issue guidance and promulgate regulations to implement this section.

Fair Prescription Drug Prices for Americans Act

Ensuring Workers Get PAID Act of 2023 This bill reestablishes the Payroll Audit Independent Determination program, which is administered by the Department of Labor and allows employers to self-report federal minimum wage and overtime compensation violations as an alternative to litigation. Employers may apply to the program by submitting certain information from a self-audit that includes calculations of any unpaid minimum or overtime wages. Labor must verify the calculations and, if the application is approved, supervise a settlement with affected employees that provides payment of any unpaid wages. Employees who accept a settlement under the program waive their private right of action to recover the unpaid wages provided under the settlement.

118 S122 IS: Ensuring Workers Get PAID 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. 122 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To establish the Payroll Audit Independent Determination program in the Department of Labor. 1. Short title This Act may be cited as the Ensuring Workers Get PAID Act of 2023 2. Findings Congress finds the following: (1) In 2018, the Department of Labor launched the nationwide Payroll Audit Independent Determination pilot program (referred to in this section as PAID pilot program (2) The Secretary of Labor, acting through the Administrator of the Wage and Hour Division, established the PAID pilot program to complement enforcement and compliance assistance tools undertaken by the Wage and Hour Division of the Department of Labor. (3) The Secretary has a longstanding practice of providing self-audit and office audit programs, as noted by Secretary Marty Walsh in a response for the record following a hearing before the Committee on Education and Labor of the House of Representatives on June 9, 2021. (4) The Wage and Hour Division, through the PAID pilot program, worked with employers on a voluntary basis to remedy unintentional violations of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (5) The PAID pilot program yielded positive results for employers and employees. Between April 1, 2018, and September 15, 2019, the Wage and Hour Division concluded 74 PAID pilot program cases, representing less than one percent of all compliance actions under the Fair Labor Standards Act of 1938, with a total of $4,131,238 in back wages paid to 7,429 employees through such PAID pilot program cases. (6) Self-audits through the PAID pilot program by employers returned more back wages to employees in less time than compliance actions overall. In fact, during the period described in paragraph (5)— (A) the average back wages paid per case for PAID pilot program cases ($55,828) were more than 4 times the average back wages paid per compliance action ($11,355); (B) the average back wages paid per enforcement hour for PAID pilot program cases ($2,864) was more than 10 times greater than the average back wages paid per enforcement hour for compliance actions ($279); (C) on average, nearly 10 times more employees received back wages in each PAID pilot program case than in investigations conducted using traditional methods; (D) self-audits through the PAID pilot program averaged 19 hours per case as compared to 41 hours per case for the Secretary conducted using traditional methods; and (E) self-audits through the PAID pilot program reached employers that the Wage and Hour Division would not typically prioritize for enforcement, including government establishments and industry sectors with higher wage occupations. 3. Definitions In this Act: (1) Affected employee The term affected employee 29 U.S.C. 201 et seq. chapter 31 Davis-Bacon Act chapter 67 Service Contract Act (2) Administrator The term Administrator (3) Employee The term employee (A) has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 (B) with respect to an employer, includes a former employee of such employer. (4) Employer The term employer (5) Good faith The term good faith (A) under investigation by the Secretary for an alleged violation of a minimum wage or overtime hours requirement of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (B) subject to a lawsuit related to an alleged violation of such a requirement. (6) Secretary The term Secretary (7) Self-audit The term self-audit 29 U.S.C. 255(a) 4. Payroll Audit Independent Determination program (a) Program establishment The Administrator shall establish a Payroll Audit Independent Determination program (referred to in this section as the program 29 U.S.C. 201 et seq. 29 U.S.C. 255(a) (b) Application requirements (1) Resources for compliance assistance Not later than 30 days after the date of enactment of this Act, the Administrator shall make available to employers resources for assistance in complying with the Fair Labor Standards Act of 1938, including content regarding wage and hour requirements, which shall be offered online, through printed materials, and through other outreach activities. (2) Application An employer seeking to participate in the program shall submit an application to the Administrator that includes— (A) materials related to and the results of a self-audit, including— (i) an identification of any practice of such employer identified in a self-audit that may violate a minimum wage or overtime compensation requirement of the Fair Labor Standards Act of 1938; and (ii) a list of each employee who may be an affected employee with respect to such violation, including— (I) the period of time such employee would have been affected by such violation; (II) payroll records related to such employee for such period with information on the hours of work performed by such employee; (III) calculations of unpaid minimum wages or overtime compensation owed to such employee under the Fair Labor Standards Act of 1938 with a description of the methodology of such calculation and supporting evidence; and (IV) contact information for such employee; (B) an explanation of the scope of potential violations of a minimum wage or overtime compensation requirement of such Act for inclusion in a release of claims under subsection (d); (C) an assurance that any practice of such employer that violates a minimum wage or overtime compensation requirement of the Fair Labor Standards Act of 1938 that is identified in the self-audit has been corrected to comply with such Act; (D) an assurance that such employer has, prior to submitting such application, reviewed the compliance assistance resources made available under paragraph (1) and all program information, terms, and requirements; (E) an assurance that, on the date of submission of such application, such employer— (i) is not involved in any litigation regarding any practice of such employer that is identified in the self-audit; and (ii) has not received any communications from an employee or a representative of an employee seeking to litigate or settle claims related to any such practice; and (F) an assurance that no employee listed in subparagraph (A)(ii) is subject to a prevailing wage requirement under the H–1B, H–2B, or H–2A visa programs, subchapter IV of chapter 31 Davis-Bacon Act chapter 67 Service Contract Act (c) Application review and approval (1) Review and amendment The Administrator shall review each application submitted by an employer under subsection (b)(2). As part of such review, the Administrator shall— (A) as necessary, consult with such employer regarding— (i) the self-audit and supporting materials submitted in the application; and (ii) the process for approval of such application and settlement of unpaid minimum wages or overtime compensation owed to any affected employee under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (B) inform such employer in a timely manner and prior to a determination on the approval of the application if additional information is needed to assess the unpaid minimum wages or overtime compensation owed to any affected employee for the violations of such Act identified in the application through the self-audit; and (C) provide such employer an opportunity to amend such application to revise the scope of the practices of such employer that violate a minimum wage or overtime compensation requirement of the Fair Labor Standards Act of 1938 that are identified in the application through self-audit, to update the list of affected employees with respect to the practices at issue in the self-audit, and to update the calculations of unpaid minimum wages or overtime compensation owed to any affected employee as a result of such violations. (2) Approval (A) In general If the conditions under subparagraph (B) are satisfied with respect to an application submitted under subsection (b)(2), the Administrator shall— (i) approve the application— (I) in the case the application has not been amended under paragraph (1)(C), not later than 30 days after such submission; or (II) in the case the application has been amended under paragraph (1)(C), not later than 30 days after the date of submission of such amended application; and (ii) supervise the settlement under subsection (d), including the payment of any unpaid minimum wages or overtime compensation under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (B) Conditions for approval An application submitted under subsection (b)(2) shall be approved under subparagraph (A) if— (i) within the scope of the violations identified by the employer through the application or an amendment to the application under paragraph (1)(C), the Administrator verifies that the self-audit and calculation of unpaid minimum wages or overtime compensation owed to any affected employee under the Fair Labor Standards Act of 1938 submitted in such application or amendment are accurate; and (ii) the employer submitting the application— (I) is determined to be acting in good faith regarding violations of the Fair Labor Standards Act of 1938 identified in such application or amendment; (II) has not been found by the Administrator or any court of law to have violated a minimum wage or overtime compensation requirement of such Act during the 5 years immediately preceding submission of such application; and (III) has not been approved for participation in the program prior to the submission of such application, unless— (aa) such participation was for a distinct violation of the Fair Labor Standards Act of 1938 than the practice identified in the self-audit under subsection (b)(2); and (bb) such employer has submitted the necessary materials for the Administrator to verify that such employer is not engaging in the practice addressed by the previous participation of the employer in the program. (d) Settlement (1) In general For each employer that submits an application under subsection (b)(2) that is approved under subsection (c)(2), the Administrator shall— (A) provide to the employer a description of the scope of the potential release of claims for violations of minimum wage or overtime compensation requirements of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (B) issue a release form to each affected employee of such employer that describes the settlement terms, which shall include a written explanation of— (i) the waiver under paragraph (2)(B); and (ii) the right of the affected employee receiving the offer for settlement to decline the offer for settlement and preserve any private right of action of the employee to recover any unpaid minimum wages or overtime compensation owed to the employee under the Fair Labor Standards Act of 1938 as a result of such violations. (2) Acceptance of settlement (A) In general An affected employee offered a settlement through a release form under paragraph (1)(B) may accept or decline the offer. (B) Waiver of private right of action The acceptance by an affected employee of an offer of settlement under subparagraph (A) shall, upon payment in full of any amounts owed to the employee under the settlement, constitute a waiver by such employee of any right such employee may have under section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 (3) Payment of settlement For each affected employee that accepts a settlement through a release form under paragraph (1)(B), the employer shall— (A) pay such employee the full amount of unpaid minimum wages or overtime compensation owed to such employee under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (B) submit proof of payment of such full amount to the Administrator. (e) Additional requirements (1) Denials In the case of an application submitted by an employer under subsection (b)(2) and not approved under subsection (c)(2), the Administrator may not— (A) use information submitted in the application in an investigation against the employer; (B) use the fact such employer applied to the program as a basis for any future investigation, except in a case in which the Administrator has reason to believe that the health and safety of an employee is at risk due to an alleged violation related to a requirement enforced by the Secretary involving child labor, agricultural worker protections, or housing or transportation requirements under the H–2A or H–2B visa programs; or (C) communicate to any affected employee of such employer in response to receipt of such application to notify such employee of the private right of action of such employee to resolve potential violations of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. (2) Expansion of scope The Administrator may not expand the scope of the violations to be investigated or settled through an employer’s participation in the program beyond the violations identified by the employer in the application submitted by the employer under subsection (b)(2) or the amended application submitted by the employer under subsection (c)(1)(C). (3) No payments required The Administrator may not require any form of payment by an employer to apply, qualify, or participate in the program. (4) Exemption from discovery Any information submitted in an application to the program under subsection (b)(2), or an amendment to such application under subsection (c)(1)(C), may not be subject to discovery in a Federal or State court proceeding without the consent of the employer that submitted the application. (f) Retaliation Section 15(a)(3) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a)(3) , or has accepted or declined to accept an offer for settlement under section 4(d) of the Ensuring Workers Get PAID Act of 2023

Ensuring Workers Get PAID Act of 2023

Capital Gains Inflation Relief Act of 2023 This bill allows the adjusted basis of certain assets (including any common stock in a C corporation, any digital asset, and tangible property used in a trade or business) to be indexed for inflation for the purpose of determining the gain or loss of a taxpayer (other than a corporation) who has held the asset for more than three years. The bill sets forth rules for applying the inflation adjustment to short sales; regulated investment companies; real estate investment trusts; other pass-through entities, including partnerships, S corporations, and common trust funds; dispositions between related persons; and improvements to property or contributions of capital. The Internal Revenue Service may disallow an adjustment if any person transfers cash, debt, or any other property to another person for the principal purpose of securing or increasing the adjustment allowed by this bill.

118 S1225 IS: Capital Gains Inflation Relief Act of 2023 U.S. Senate 2023-04-20 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. 1225 IN THE SENATE OF THE UNITED STATES April 20, 2023 Mr. Cruz Mr. Braun Mr. Hagerty Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for the indexing of certain assets for purposes of determining gain or loss. 1. Short title This Act may be cited as the Capital Gains Inflation Relief Act of 2023 2. Indexing of certain assets for purposes of determining gain or loss (a) In General Part II of subchapter O of chapter 1 1023. Indexing of certain assets for purposes of determining gain or loss (a) General rule (1) Indexed basis substituted for adjusted basis Solely for purposes of determining gain or loss on the sale or other disposition by a taxpayer (other than a corporation) of an indexed asset which has been held for more than 3 years, the indexed basis of the asset shall be substituted for its adjusted basis. (2) Exception for depreciation, etc The deductions for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. (3) Written documentation requirement Paragraph (1) shall apply only with respect to indexed assets for which the taxpayer has written documentation of the original purchase price paid or incurred by the taxpayer to acquire such asset. (b) Indexed asset (1) In general For purposes of this section, the term indexed asset (A) any common stock in a C corporation (other than a foreign corporation), (B) any digital asset, or (C) any tangible property, which is a capital asset or property used in the trade or business (as defined in section 1231(b)). (2) Stock in certain foreign corporations included For purposes of this section— (A) In general The term indexed asset (B) Exception Subparagraph (A) shall not apply to— (i) stock of a foreign investment company, (ii) stock in a passive foreign investment company (as defined in section 1297), (iii) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2), and (iv) stock in a foreign personal holding company. (C) Treatment of American depository receipts An American depository receipt for common stock in a foreign corporation shall be treated as common stock in such corporation. (3) Digital asset For purposes of this section, the term digital asset (A) is recorded on a cryptographically secured distributed ledger, and (B) is designed to confer only economic or access rights. (c) Indexed basis For purposes of this section— (1) General rule The indexed basis for any asset is— (A) the adjusted basis of the asset, increased by (B) the applicable inflation adjustment. (2) Applicable inflation adjustment The applicable inflation adjustment for any asset is an amount equal to— (A) the adjusted basis of the asset, multiplied by (B) the percentage (if any) by which— (i) the gross domestic product deflator for the last calendar quarter ending before the asset is disposed of, exceeds (ii) the gross domestic product deflator for the last calendar quarter ending before the asset was acquired by the taxpayer. The percentage under subparagraph (B) shall be rounded to the nearest 1/10 (3) Gross domestic product deflator The gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). (d) Suspension of holding period where diminished risk of loss; treatment of short sales (1) In general If the taxpayer (or a related person) enters into any transaction which substantially reduces the risk of loss from holding any asset, such asset shall not be treated as an indexed asset for the period of such reduced risk. (2) Short sales (A) In general In the case of a short sale of an indexed asset with a short sale period in excess of 3 years, for purposes of this title, the amount realized shall be an amount equal to the amount realized (determined without regard to this paragraph) increased by the applicable inflation adjustment. In applying subsection (c)(2) for purposes of the preceding sentence, the date on which the property is sold short shall be treated as the date of acquisition and the closing date for the sale shall be treated as the date of disposition. (B) Short sale period For purposes of subparagraph (A), the short sale period begins on the day that the property is sold and ends on the closing date for the sale. (e) Treatment of regulated investment companies and real estate investment trusts (1) Adjustments at entity level (A) In general Except as otherwise provided in this paragraph, the adjustment under subsection (a) shall be allowed to any qualified investment entity (including for purposes of determining the earnings and profits of such entity). (B) Exception for corporate shareholders Under regulations— (i) in the case of a distribution by a qualified investment entity (directly or indirectly) to a corporation— (I) the determination of whether such distribution is a dividend shall be made without regard to this section, and (II) the amount treated as gain by reason of the receipt of any capital gain dividend shall be increased by the percentage by which the entity’s net capital gain for the taxable year (determined without regard to this section) exceeds the entity’s net capital gain for such year determined with regard to this section, and (ii) there shall be other appropriate adjustments (including deemed distributions) so as to ensure that the benefits of this section are not allowed (directly or indirectly) to corporate shareholders of qualified investment entities. For purposes of the preceding sentence, any amount includible in gross income under section 852(b)(3)(D) shall be treated as a capital gain dividend and an S corporation shall not be treated as a corporation. (C) Exception for qualification purposes This section shall not apply for purposes of sections 851(b) and 856(c). (D) Exception for certain taxes imposed at entity level (i) Tax on failure to distribute entire gain If any amount is subject to tax under section 852(b)(3)(A) for any taxable year, the amount on which tax is imposed under such section shall be increased by the percentage determined under subparagraph (B)(i)(II). A similar rule shall apply in the case of any amount subject to tax under paragraph (2) or (3) of section 857(b) to the extent attributable to the excess of the net capital gain over the deduction for dividends paid determined with reference to capital gain dividends only. The first sentence of this clause shall not apply to so much of the amount subject to tax under section 852(b)(3)(A) as is designated by the company under section 852(b)(3)(D). (ii) Other taxes This section shall not apply for purposes of determining the amount of any tax imposed by paragraph (4), (5), or (6) of section 857(b). (2) Adjustments to interests held in entity (A) Regulated investment companies Stock in a regulated investment company (within the meaning of section 851) shall be an indexed asset for any calendar quarter in the same ratio as— (i) the average of the fair market values of the indexed assets held by such company at the close of each month during such quarter, bears to (ii) the average of the fair market values of all assets held by such company at the close of each such month. (B) Real estate investment trusts Stock in a real estate investment trust (within the meaning of section 856) shall be an indexed asset for any calendar quarter in the same ratio as— (i) the fair market value of the indexed assets held by such trust at the close of such quarter, bears to (ii) the fair market value of all assets held by such trust at the close of such quarter. (C) Ratio of 80 percent or more If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 80 percent or more, such ratio for such quarter shall be 100 percent. (D) Ratio of 20 percent or less If the ratio for any calendar quarter determined under subparagraph (A) or (B) would (but for this subparagraph) be 20 percent or less, such ratio for such quarter shall be zero. (E) Look-thru of partnerships For purposes of this paragraph, a qualified investment entity which holds a partnership interest shall be treated (in lieu of holding a partnership interest) as holding its proportionate share of the assets held by the partnership. (3) Treatment of return of capital distributions Except as otherwise provided by the Secretary, a distribution with respect to stock in a qualified investment entity which is not a dividend and which results in a reduction in the adjusted basis of such stock shall be treated as allocable to stock acquired by the taxpayer in the order in which such stock was acquired. (4) Qualified investment entity For purposes of this subsection, the term qualified investment entity (A) a regulated investment company (within the meaning of section 851), and (B) a real estate investment trust (within the meaning of section 856). (f) Other pass-Thru entities (1) Partnerships (A) In general In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. (B) Special rule in the case of section 754 elections In the case of a transfer of an interest in a partnership with respect to which the election provided in section 754 is in effect— (i) the adjustment under section 743(b)(1) shall, with respect to the transferor partner, be treated as a sale of the partnership assets for purposes of applying this section, and (ii) with respect to the transferee partner, the partnership’s holding period for purposes of this section in such assets shall be treated as beginning on the date of such adjustment. (2) S corporations In the case of an S corporation, the adjustment made under subsection (a) at the corporate level shall be passed through to the shareholders. This section shall not apply for purposes of determining the amount of any tax imposed by section 1374 or 1375. (3) Common trust funds In the case of a common trust fund, the adjustment made under subsection (a) at the trust level shall be passed through to the participants. (4) Indexing adjustment disregarded in determining loss on sale of interest in entity Notwithstanding the preceding provisions of this subsection, for purposes of determining the amount of any loss on a sale or exchange of an interest in a partnership, S corporation, or common trust fund, the adjustment made under subsection (a) shall not be taken into account in determining the adjusted basis of such interest. (g) Dispositions between related persons (1) In general This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. (2) Related persons defined For purposes of this section, the term related persons (A) persons bearing a relationship set forth in section 267(b), and (B) persons treated as single employer under subsection (b) or (c) of section 414. (h) Transfers To increase indexing adjustment If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is to secure or increase an adjustment under subsection (a), the Secretary may disallow part or all of such adjustment or increase. (i) Special rules For purposes of this section— (1) Treatment of improvements, etc If there is an addition to the adjusted basis of any tangible property or of any stock in a corporation during the taxable year by reason of an improvement to such property or a contribution to capital of such corporation— (A) such addition shall never be taken into account under subsection (c)(1)(A) if the aggregate amount thereof during the taxable year with respect to such property or stock is less than $1,000, and (B) such addition shall be treated as a separate asset acquired at the close of such taxable year if the aggregate amount thereof during the taxable year with respect to such property or stock is $1,000 or more. A rule similar to the rule of the preceding sentence shall apply to any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. (2) Assets which are not indexed assets throughout holding period The applicable inflation adjustment shall be appropriately reduced for periods during which the asset was not an indexed asset. (3) Treatment of certain distributions A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. (4) Section cannot increase ordinary loss To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. (5) Acquisition date where there has been prior application of subsection (a)(1) If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. (j) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. . (b) Clerical amendment The table of sections for part II of subchapter O of chapter 1 section 1023 Sec. 1023. Indexing of certain assets for purposes of determining gain or loss. Sec. 1024. Cross references. . (c) Effective date The amendments made by this section shall apply to indexed assets acquired by the taxpayer after December 31, 2023, in taxable years ending after such date.

Capital Gains Inflation Relief Act of 2023

Coin Metal Modification Authorization and Cost Savings Act of 2023 This bill authorizes the United States Mint to modify the metallic composition of circulating coins (including by prescribing reasonable manufacturing tolerances with respect to those coins) if a study and analysis conducted by the Mint indicates that the modification will reduce costs incurred by the taxpayers; be seamless, which means that the coins must have the same weight and diameter as current coins and that the coins work interchangeably in most coin acceptors using electromagnetic signature technology; and have as minimal an adverse impact as possible on the public and stakeholders. The Mint must notify Congress before making the modification and provide a justification for the modification. Congress may disapprove of any proposed modification through a joint resolution.

118 S1228 IS: Coin Metal Modification Authorization and Cost Savings Act of 2023 U.S. Senate 2023-04-20 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. 1228 IN THE SENATE OF THE UNITED STATES April 20, 2023 Ms. Hassan Ms. Ernst Committee on Banking, Housing, and Urban Affairs A BILL To amend title 31, United States Code, to save Federal funds by authorizing changes to the composition of circulating coins, and for other purposes. 1. Short title This Act may be cited as the Coin Metal Modification Authorization and Cost Savings Act of 2023 2. Saving Federal funds by authorizing changes to the composition of circulating coins Section 5112 of title 31, United States Code, is amended by adding at the end the following: (bb) Composition of circulating coins (1) In general Notwithstanding any other provision of law, and subject to the other provisions of this subsection, the Director of the United States Mint (referred to in this subsection as the Director (A) reduce costs incurred by the taxpayers of the United States; (B) be seamless, which shall mean the same diameter and weight as United States coinage being minted on the date of enactment of this subsection and that the coins will work interchangeably in most coin acceptors using electromagnetic signature technology; and (C) have as minimal an adverse impact as possible on the public and stakeholders. (2) Notification to Congress On the date that is at least 90 legislative days before the date on which the Director begins making a modification described in paragraph (1), the Director shall submit to Congress notice that— (A) provides a justification for the modification, including the support for that modification in the study and analysis required under paragraph (1) with respect to the modification; (B) describes how the modification will reduce costs incurred by the taxpayers of the United States; (C) certifies that the modification will be seamless, as described in paragraph (1)(B); and (D) certifies that the modification will have as minimal an adverse impact as possible on the public and stakeholders. (3) Congressional authority The Director may begin making a modification proposed under this subsection not earlier than the date that is 90 legislative days after the date on which the Director submits to Congress the notice required under paragraph (2) with respect to that modification, unless Congress, during the period of 90 legislative days beginning on the date on which the Director submits that notice— (A) finds that the modification is not justified in light of the information contained in that notice; and (B) enacts a joint resolution of disapproval of the proposed modification. (4) Procedures For purposes of paragraph (3)— (A) a joint resolution of disapproval is a joint resolution the matter after the resolving clause of which is as follows: That Congress disapproves the modification submitted by the Director of the United States Mint. (B) the procedural rules in the House of Representatives and the Senate for a joint resolution of disapproval described under paragraph (3) shall be the same as provided for a joint resolution of disapproval under chapter 8 . 3. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation

Coin Metal Modification Authorization and Cost Savings Act of 2023

Green New Deal for Health Act This bill establishes programs and requirements to mitigate the health effects of climate change and environmental effects of the health care sector, particularly on vulnerable populations. The Department of Health and Human Services must, for example, lead a research initiative to mitigate the health effects of climate change and develop a plan for preparing the health care system to respond to those effects. The bill establishes programs and requirements for medical facilities. It funds through FY2028 the Community Health Center Program (which supports outpatient facilities for medically underserved populations) and establishes grants for sustainability and resiliency planning for medical facilities. Further, the bill revives the Hill-Burton program (which historically supported construction and modernization of medical facilities) and makes climate resiliency a program focus. It also restricts certain hospitals from terminating essential services without engaging in planning and other efforts to preserve access. The bill also provides support for workforce and community programs. This includes (1) grants for incorporating climate change into medical training and community-based mental wellness and resiliency programs; and (2) funding through FY2028 for the National Health Services Corps, which awards educational incentives to providers in underserved areas. Additionally, the bill addresses efforts to reduce (1) the health sector's contributions to climate change, (2) climate-related risks to pharmaceutical manufacturing and medical supply chains, and (3) health impacts of extreme heat. It also expands Medicare coverage to include items and services (e.g., solar batteries) for individuals who are medically at-risk at home from climate or man-made disasters.

118 S1229 IS: Green New Deal for Health Act U.S. Senate 2023-04-20 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. 1229 IN THE SENATE OF THE UNITED STATES April 20, 2023 Mr. Markey Mr. Merkley Mr. Sanders Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To establish a Green New Deal for Health to prepare and empower the health care sector to protect the health and well-being of our workers, our communities, and our planet in the face of the climate crisis, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Green New Deal for Health Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings and sense of Congress on health and climate change. TITLE I—Whole-of-government approach Sec. 101. Definitions. Sec. 102. Office of Climate Change and Health Equity; national strategic action plan. Sec. 103. Advisory board. Sec. 104. Climate change health protection and promotion reports. Sec. 105. Authorization of appropriations. TITLE II—Protecting essential health care access Sec. 201. Maintenance of health care access relating to hospital discontinuation of services or closure. Sec. 202. Empowering community health in environmental justice communities. TITLE III—Green and resilient health care infrastructure Sec. 301. Green Hill-Burton funds for climate-ready medical facilities. Sec. 302. Planning and Evaluation Grant Program. TITLE IV—Health care sector decarbonization Sec. 401. Office of Sustainability and Environmental Impact. Sec. 402. Climate risk disclosure for medical supplies. Sec. 403. Green health care manufacturing. TITLE V—A health workforce to tackle the climate crisis Sec. 501. Education and training relating to health risks associated with climate change. Sec. 502. Building a community health workforce for the climate crisis. Sec. 503. Safeguarding essential health care workers. TITLE VI—Safe, strong, and resilient communities Subtitle A—Empowering resilient community mental health Sec. 601. Grants for resilient community mental health. Subtitle B—Understanding and preventing heat risk Sec. 611. Definitions. Sec. 612. Study on extreme heat information and response. Sec. 613. Financial assistance for research and resilience in addressing extreme heat risks. Sec. 614. Authorization of appropriations. Subtitle C—Home resiliency for medical needs Sec. 621. Medicare coverage of medically necessary home resiliency services. TITLE VII—Research and innovation for climate and health Sec. 701. Research and innovation for climate and health. 2. Definitions In this Act: (1) Environmental justice community The term environmental justice community (2) Individual disproportionately affected by climate change The term individual disproportionately affected by climate change (A) Age under 5 years old or over 65 years old. (B) Race and ethnicity, and experience of racial bias. (C) Sex, gender, and gender minority status. (D) Being of reproductive age. (E) Exposure to environmental health risks due to living conditions or location, including current or past experience of homelessness. (F) Occupation or exposure to occupational hazards. (G) Household income. (H) Disability. (I) Co-morbidities. (J) Current or past exposure to personal or systemic trauma, including natural disasters. (K) Immigration status. (L) Language isolation. (3) Medically underserved community The term medically underserved community 42 U.S.C. 295p 3. Findings and sense of Congress on health and climate change (a) Findings Congress finds that, according to the assessment of the United States Global Change Research Program entitled The Impacts of Climate Change on Human Health in the United States: A Scientific Assessment (1) the impacts of human-induced climate change are increasing nationwide; (2) rising greenhouse gas concentrations result in increases in temperature, changes in precipitation, increases in the frequency and intensity of some extreme weather events, and rising sea levels; (3) the climate change impacts described in paragraph (2) endanger our health by affecting— (A) our access to care, food, and water sources; (B) the air we breathe; (C) the weather we experience; and (D) our interactions with the built and natural environments; and (4) as the climate continues to change, the risks to human health continue to grow. (b) Sense of Congress It is the sense of Congress that— (1) climate change poses threats to the United States and globally through its impacts on society, the economy, the physical environment, and physical and mental health; (2) climate change health threats are growing in scale and severity; (3) climate change disproportionately affects individuals in the United States who are economically disadvantaged, belong to communities of color, or have other social and health vulnerabilities; (4) the health care sector accounts for 8.5 percent of United States emissions, further worsening the overall health impacts of climate change; and (5) the Federal Government, working with international, State, Tribal, and local governments, nongovernmental organizations, businesses, and individuals, should use all practicable means and measures— (A) to deploy a whole-of-government and whole-of-health approach to protect our collective health from the impacts of climate change and to mitigate environmental health impacts from health sector operations; (B) to build a just health care ecosystem where all Americans have access to dignified, high-quality care in their communities; (C) to ensure the health care system is resilient to extreme weather and can continue to provide care before, during, and after crises; (D) to lead the health sector to decarbonize its facilities and operations in an equitable and just manner; (E) to empower a thriving health workforce with good, high-wage union jobs and to recognize the value of all of the essential workers that enable high-quality health care; and (F) to invest in, empower, and build safe, strong, and resilient communities. I Whole-of-government approach 101. Definitions In this title: (1) Director The term Director (2) National strategic action plan The term national strategic action plan (3) Office The term Office (4) Secretary The term Secretary 102. Office of Climate Change and Health Equity; national strategic action plan (a) Office of Climate Change and Health Equity (1) Establishment (A) In general There is established within the Department of Health and Human Services the Office of Climate Change and Health Equity. (B) Purpose The purpose of the Office shall be to facilitate a robust, Federal response to the impact of climate change on the health of the American people and the health care system. (C) Director There is established the position of Director of the Office, who— (i) shall be the head of the Office; and (ii) may report to the Assistant Secretary for Health. (2) Activities The duties of the Office shall be to address priority health actions relating to the health impacts of climate change, including by doing each of the following: (A) Contribute to assessments of how climate change is affecting the health of individuals living in the United States. (B) Understand the needs of the populations most disproportionately affected by climate-related health threats. (C) Serve as a credible source of information on the physical, mental, and behavioral health consequences of climate change. (D) Align Federal efforts to deploy climate-conscious human services and direct services to support and protect populations composed of individuals disproportionately affected by climate change. (E) Create and distribute tools and resources to support climate resilience for the health sector, community-based organizations, and individuals. (F) Create and distribute tools and resources to support health sector efforts to track and decrease greenhouse gas emissions. (G) Lead efforts to reduce the carbon footprint and environmental impacts of the health sector. (H) Carry out other activities determined appropriate by the Secretary. (b) National strategic action plan (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary, on the basis of the best available science, and in consultation pursuant to paragraph (2), shall publish a national strategic action plan to coordinate effective deployment of Federal efforts to ensure that public health and health care systems are prepared for and can respond to the impacts of climate change on health in the United States. (2) Consultation In developing or making any revision to the national strategic action plan, the Secretary shall— (A) consult with the Director, the Administrator of the Environmental Protection Agency, the Under Secretary of Commerce for Oceans and Atmosphere, the Administrator of the National Aeronautics and Space Administration, the Director of the Indian Health Service, the Secretary of Labor, the Secretary of Defense, the Secretary of State, the Secretary of Veterans Affairs, the National Environmental Justice Advisory Council, the heads of other appropriate Federal agencies, Tribal governments, and State and local government officials; and (B) provide meaningful opportunity for engagement, comment, and consultation with relevant public stakeholders, particularly representatives of populations composed of individuals disproportionately affected by climate change, environmental justice communities, Tribal communities, health care providers, public health organizations, and scientists. (3) National strategic action plan components The national strategic action plan shall include an assessment of, and strategies to improve, the health sector capacity of the United States to address climate change, including— (A) identifying, prioritizing, and engaging communities and populations who are disproportionately affected by exposures to climate hazards; (B) addressing mental and physical health disparities exacerbated by climate impacts to enhance community health resilience; (C) identifying the link between environmental injustice and vulnerability to the impacts of climate change and prioritizing those who have been harmed by environmental and climate injustice; (D) providing outreach and communication aimed at public health and health care professionals and the public to promote preparedness and response strategies; (E) tracking and assessing programs across Federal agencies to advance research related to the impacts of climate change on health; (F) identifying and assessing existing preparedness and response strategies for the health impacts of climate change; (G) prioritizing critical public health and health care infrastructure projects; (H) providing modeling and forecasting tools of climate change health impacts, including local impacts, where feasible; (I) establishing academic and regional centers of excellence; (J) recommending models for maintaining access to health care during extreme weather; (K) providing technical assistance and support for preparedness and response plans for the health threats of climate change in States, municipalities, territories, Indian Tribes, and developing countries; (L) addressing the impacts of fossil fuel pollution and greenhouse gas emissions on the health of individuals living in the United States; (M) tracking health care sector contributions to greenhouse gas emissions and identifying actions to reduce those emissions; (N) recommending new regulations or policies to address identified gaps in the health system capacity to effectively reduce emissions, reduce environmental impact, and address climate change; and (O) developing, improving, integrating, and maintaining disease surveillance systems and monitoring capacity to respond to health-related impacts of climate change, including on topics addressing— (i) water-, food-, and vector-borne infectious diseases and climate change; (ii) pulmonary effects, including responses to aeroallergens, infectious agents, and toxic exposures; (iii) cardiovascular effects, including impacts of temperature extremes; (iv) air pollution health effects, including heightened sensitivity to air pollution such as wildfire smoke; (v) reproductive health effects, including access to reproductive health care; (vi) harmful algal blooms; (vii) mental and behavioral health impacts of climate change; (viii) the health of migrants, refugees, displaced persons, and communities composed of individuals disproportionately affected by climate change; (ix) the implications for communities and populations vulnerable to the health effects of climate change, as well as strategies for responding to climate change within such communities; (x) Tribal, local, and community-based health interventions for climate-related health impacts; (xi) extreme heat and weather events; (xii) decreased nutritional value of crops; and (xiii) disruptions in access to routine and acute medical care, public health programs, and other supportive services for maintaining health. (c) Periodic assessment and revision Not later than 1 year after the date of first publication of the national strategic action plan, and annually thereafter, the Secretary shall periodically assess, and revise as necessary, the national strategic action plan, to reflect new information collected, including information on— (1) the status of and trends in critical environmental health indicators and related human health impacts; (2) the trends in and impacts of climate change on public health; (3) advances in the development of strategies for preparing for and responding to the impacts of climate change on public health; and (4) the effectiveness of the implementation of the national strategic action plan in protecting against climate change health threats. (d) Implementation (1) Implementation through HHS The Secretary shall exercise the Secretary’s authority under this title and other Federal statutes to achieve the goals and measures of the Office and the national strategic action plan. (2) Other public health programs and initiatives The Secretary and Federal officials of other relevant Federal agencies shall administer public health programs and initiatives authorized by laws other than this title, subject to the requirements of such laws, in a manner designed to achieve the goals of the Office and the national strategic action plan. (3) Health impact assessment (A) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall identify proposed and current laws, policies, and programs that are of particular interest for their impact in contributing to or alleviating health burdens and the health impacts of climate change. (B) Assessments Not later than 2 years after the date of enactment of this Act, the head of each relevant Federal agency shall— (i) assess the impacts that the proposed and current laws, policies, and programs identified under subparagraph (A) under their jurisdiction have or may have on protection against the health threats of climate change; and (ii) assist State, Tribal, local, and territorial governments in conducting such assessments. 103. Advisory board (a) Establishment The Secretary shall, pursuant to chapter 10 (b) Appointment of members (1) In general The Secretary shall appoint the members of the science advisory board from among individuals who— (A) are recommended by the President of the National Academy of Sciences or the President of the National Academy of Medicine; and (B) have expertise in essential public health and health care services, including with respect to diverse populations, climate change, environmental and climate justice, and other relevant disciplines. (2) Requirement The Secretary shall ensure that the science advisory board includes members with practical or lived experience with relevant issues described in paragraph (1)(B). (c) Functions The science advisory board shall— (1) provide scientific and technical advice and recommendations to the Secretary on the domestic and international impacts of climate change on public health and populations and regions disproportionately affected by climate change, and strategies and mechanisms to prepare for and respond to the impacts of climate change on public health; (2) advise the Secretary regarding the best science available for purposes of issuing the national strategic action plan and conducting the climate and health program; and (3) submit a report to Congress on its activities and recommendations not later than 1 year after the date of enactment of this Act and not later than every year thereafter. (d) Support The Secretary shall provide financial and administrative support to the board. 104. Climate change health protection and promotion reports (a) In general The Secretary shall offer to enter into an agreement, including the provision of such funding as may be necessary, with the National Academies of Sciences, Engineering, and Medicine, under which such National Academies will prepare periodic reports to aid public health and health care professionals in preparing for and responding to the adverse health effects of climate change that— (1) review scientific developments on health impacts and health disparities of climate change; (2) evaluate the measurable impacts of activities undertaken at the directive of the national strategic action plan; and (3) recommend changes to the national strategic action plan and climate and health program. (b) Submission The agreement under subsection (a) shall require a report to be submitted to Congress and the Secretary and made publicly available not later than 1 year after the first publication of the national strategic action plan, and every 4 years thereafter. 105. Authorization of appropriations (a) Office of climate change and health equity There is authorized to be appropriated to the Secretary to carry out section 102(a) $10,000,000 for each of fiscal years 2024 through 2030. (b) National strategic action plan There is authorized to be appropriated to the Secretary to carry out section 102(b) $2,000,000 for fiscal year 2024, to remain available until expended. (c) Advisory board There is authorized to be appropriated to the Secretary to carry out section 103(c) $500,000 for fiscal year 2024, to remain available until expended. II Protecting essential health care access 201. Maintenance of health care access relating to hospital discontinuation of services or closure Section 1866 of the Social Security Act ( 42 U.S.C. 1395cc (1) in subsection (a)(1)— (A) in subparagraph (X), by striking and (B) in subparagraph (Y)(ii)(V), by striking the period and inserting , and (C) by inserting after subparagraph (Y) the following new subparagraph: (Z) beginning 60 days after the date of the enactment of this subparagraph, in the case of a hospital, to comply with the requirements of subsection (l) (relating to discontinuation of services or closure). ; and (2) by adding at the end the following new subsection: (l) Requirements for hospitals relating to discontinuation of services or closure (1) Requirements (A) In general For purposes of subsection (a)(1)(Z), except as provided in subparagraph (B), the requirements described in this subsection are that a hospital— (i) notify the Secretary, in accordance with paragraph (2), not less than 90 days prior to the discontinuation of services or full hospital closure; (ii) prohibit the discontinuation of essential services (as defined in paragraph (6)) during the notification period (as defined in such paragraph) unless there is a clear harm posed to patient or employee health or safety in the hospital continuing to furnish such services; (iii) respond to any inquiries by the Secretary relating to the implementation of this subsection, including the determination of essential services under paragraph (6)(C); and (iv) if applicable— (I) submit a mitigation plan and related information as described in paragraph (3); and (II) participate in the public comment and review process (including, if applicable, the alternative mitigation plan) described in paragraph (4). (B) Application in case of catastrophic events In the case where a discontinuation of services or closure of a hospital is due to an unforeseen catastrophic event (as defined by the Secretary), the requirements described in subparagraph (A) shall apply, except— (i) the hospital shall provide the notification under clause (i) of such subparagraph not later than 30 days after the catastrophic event or as soon as feasible as determined by the Secretary; and (ii) clause (ii) of such subparagraph (relating to prohibiting the discontinuation of services) shall not apply. (2) Notification information For purposes of paragraph (1)(A)(i), the notification under such paragraph shall include the following information with respect to a hospital: (A) Discontinuation of services In the case where the hospital is discontinuing services (without full hospital closure): (i) The services that will be discontinued and number of hospital beds impacted. (ii) The number of individuals furnished such services annually and a breakdown of the type of insurance used by such individuals for such services. (iii) The number of impacted employees and what labor organization represents them (and the contact information for such organization). (iv) The names and addresses of any organized health care coalitions and community groups that represent the communities impacted by the discontinuation of such services. (v) Alternative providers of such services, including provider type, contact information, and distance and transportation time by car and public transit from the hospital. (B) Full hospital closure In the case of full hospital closure: (i) Hospital ownership entities. (ii) The full extent of services that will no longer be furnished by the hospital. (iii) The number of individuals furnished services annually by the hospital, a description of the services furnished, and a breakdown of the type of insurance type used by such individuals for such services. (iv) The number of impacted employees and, if applicable, what labor organizations represent them (and the contact information for each such organization). (v) The names and addresses of any organized health care coalitions and community groups that represent the communities impacted by the closure. (vi) Alternative providers, including provider type, contact information, and distance and transportation time by car and public transit from the hospital. (vii) Steps taken prior to the decision to close in order to avoid closure. (viii) Distribution of liquidation proceeds (cash or assets) or any payments (cash or assets) made to employees, owners, or contractors related to the closure. (3) Submission of mitigation plan and related information for essential services (A) Notification by Secretary If the Secretary determines that the discontinuation of services or closure of an applicable hospital would negatively impact access to essential services, the Secretary shall notify the applicable hospital of such determination. (B) Submission of mitigation plan and related information If an applicable hospital receives a notification under subparagraph (A), the applicable hospital shall, not later than 15 days after receiving such notification, submit to the Secretary— (i) a plan to— (I) preserve access to essential services for impacted communities through partnerships, commitments from surrounding facilities, transportation plan access, and preparation for surge response; and (II) support employees in transitioning to new positions within health care; (ii) information on workforce and public engagement to ensure awareness of the discontinuation of services or closure; and (iii) a description of potential alternatives to the discontinuation of services or closure that the hospital considered and an explanation of why those alternatives are not a viable option. (C) Public availability The Secretary shall make a mitigation plan and related information submitted by an applicable hospital under this paragraph available to the public on the internet website of the Centers for Medicare & Medicaid Services. (4) Public comment and review process; alternative mitigation plan (A) Public comment period (i) In general The Secretary shall provide a public comment period of not less than 45 days with the opportunity to submit written comments regarding the impact of the potential discontinuation of services or closure of an applicable hospital. (ii) Notice Notice of the opportunity to submit comments shall be published in the Federal Register and distributed to— (I) providers of services and suppliers that may be impacted by the discontinuation of services or closure of the applicable hospital; (II) any labor organization that represents any subdivision of employees of the applicable hospital; (III) organized health care coalitions and community groups that represent the communities impacted by the discontinuation of services or closure; (IV) the State health agency; and (V) the local department of public health. (B) Alternative mitigation plan (i) In general If, after reviewing the mitigation plan submitted by an applicable hospital under paragraph (3) and the comments submitted during the public comment period under subparagraph (A) with respect to the discontinuation of services or closure of the applicable hospital, the Secretary finds that the discontinuation of services or closure of the applicable hospital would have a significant impact on access to essential services, the Secretary shall work with the applicable hospital or other providers of services and suppliers in the area, as appropriate, to develop and implement an alternative plan to the plan submitted by the applicable hospital under paragraph (3) (referred to in this subsection as the alternative mitigation plan (ii) Technical assistance An alternative mitigation plan under clause (i) may include technical assistance or information on available funding mechanisms to support the furnishing of essential services. (iii) Collaboration The Secretary should, to the extent practicable, collaborate with State and municipal government officials in the development of an alternative mitigation plan under clause (i). (iv) Public availability The Secretary shall make any information submitted and the alternative mitigation plan developed under this paragraph available to the public on the internet website of the Centers for Medicare & Medicaid Services. (C) Implementation The Secretary shall promulgate regulations to detail the required response time by an applicable hospital and the speed of the review process under this paragraph in order to ensure that such process can be completed with respect to an applicable hospital prior to the proposed service discontinuation date or closure date of the applicable hospital. (D) Prohibition In the case where the Secretary finds that a hospital has violated the requirements of this subsection, the Secretary may prohibit the hospital and any hospital under the same hospital ownership entity from being eligible to enroll or reenroll under the program under this title under section 1866(j) until the earlier of— (i) the date that is 3 years after the date on which the hospital discontinues services or closes; (ii) the date on which the Secretary determines essential health services that were negatively impacted by the discontinuation or closure have been restored; or (iii) such time as the Secretary is satisfied with the mitigation plan submitted by the hospital under paragraph (3) or the alternative mitigation plan under paragraph (4). (5) Annual reports The Secretary shall submit an annual report to Congress on the discontinuation of services and full closure of hospitals. Each report submitted under the preceding sentence shall include— (A) a description of trends in the discontinuation of services and closures of hospitals, including hospital ownership type, geographic location, types of services furnished, demographic served, and insurance type; (B) an analysis of the impact of the discontinuation of services and closures on health care access and ability to meet surge demand due to emergency (such as a pandemic or climate disaster); (C) recommendations for such administrative or legislative changes as the Secretary determines appropriate to preserve access to essential services nationwide. (6) Definitions In this subsection: (A) Applicable hospital The term applicable hospital (B) Discontinuation The term discontinuation (C) Essential services The term essential services (i) there are no equivalent services available within the same travel time; (ii) that loss of the services would result in meaningful reductions in surge capacity that will negatively impact access to services; (iii) that loss of the services would limit health care access for specific demographics of individuals based on sex, sexuality, race, nationality, age, or disability status; (iv) that loss of the services would have a meaningful impact on the ability of health systems to respond to impacts of climate change; or (v) there is a health or health care-related emergency declaration status applicable to the surrounding geographical area of the hospital on the date on which the hospital submits notification under paragraph (1)(A)(i) of a discontinuation of services or full hospital closure. (D) Notification period The term notification period (7) No preemption of State law Nothing in subsection (a)(1)(Z) or this subsection shall be construed to limit any rights or remedies under State or local law relating to protecting access to essential services or reviewing proposed hospital closures or reduction of services. . 202. Empowering community health in environmental justice communities Section 10503 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 254b–2 (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (E), by striking and (ii) by adding at the end the following: (G) $130,000,000,000 for the period of fiscal years 2024 through 2028; and ; and (B) in paragraph (2)— (i) in subparagraph (G), by striking and (ii) in subparagraph (H), by striking the period and inserting ; and (iii) by adding at the end the following: (I) $2,000,000,000 for each of fiscals years 2024 through 2028. ; and (2) by adding at the end the following: (f) Environmental justice communities The Secretary shall ensure that not less than 50 percent of the amounts appropriated under subsection (b) on or after 2024 are awarded to entities for use with respect to projects or sites located in or serving environmental justice communities (as defined in section 2 of the Green New Deal for Health Act (g) Prohibition No amounts made available under this section may be used for any activity that is subject to the reporting requirements set forth in section 203(a) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433(a) . III Green and resilient health care infrastructure 301. Green Hill-Burton funds for climate-ready medical facilities (a) Grants for construction or modernization projects (1) In general Section 1610(a) of the Public Health Service Act ( 42 U.S.C. 300r(a) (A) in paragraph (1)(A)— (i) in clause (i), by striking , or (ii) in clause (ii), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (iii) increase capacity to provide essential health care and update medical facilities to become more resilient to climate disasters and public health crises to ensure access and availability of quality health care for communities in need. ; and (B) by striking paragraph (3) and inserting the following: (3) Priority In awarding grants under this subsection, the Secretary shall give priority to applicants whose projects will include, by design, resilience against natural disasters, climate change mitigation, or other necessary predisaster adaptations to ensure continuous health care access and combat health risks due to climate change, such as— (A) installation of onsite distributed generation that combines energy-efficient devices, energy storage, and renewable energy in accordance with modern electrical safety standards for medical facilities to allow the medical facility to access essential energy during power outages and optimize use of onsite and offsite energy sources for emissions reductions; (B) improving air conditioning, monitoring, and purifying through installation of high-efficiency heat pumps that provide both cooling and heating, air purifiers, air filtration systems, and air quality monitoring systems integrated with energy systems and energy efficiency considerations in preparation for future natural hazards and public health crises, such as wildfire, smog, extreme heat events, and pandemics; (C) installation and maintenance of wetlands, drainage ponds, and any other green infrastructure to protect the medical facility from projected severe effects with respect to extreme weather, natural disasters, or climate-change-related events, including sea-level rise, flooding, and increased risk of wildfire; (D) green rooftops, walls, and indoor plantings, particularly those that can provide publicly accessible temperature management and air quality improvements; (E) tree planting and other green infrastructure to create publicly accessible cool space to address urban heat islands; (F) infrastructure upgrades that protect access routes to the medical facility, such as long-term flood, wildfire, and other disaster mitigation for the roads, sidewalks, and public transit infrastructure that service the medical facility; (G) the long-term maintenance of decarbonization and zero-emissions infrastructure; and (H) any other type of plan or project the Secretary determines will increase the sustainability and resiliency of a medical facility, protect patient health and community access during extreme weather, and advance environmental justice. (4) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $100,000,000,000 for fiscal year 2024, to remain available until expended. . (2) Technical amendment Section 1610(b) of the Public Health Service Act ( 42 U.S.C. 300r(b) (b) Medical facility project applications (1) In general Section 1621(b)(1) of the Public Health Service Act ( 42 U.S.C. 300s–1(b)(1) (A) in subparagraph (J), by striking and (B) in subparagraph (K), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (L) reasonable assurance that the facility will have adequate staffing to fulfill the community service obligation; and (M) reasonable assurance that the facility— (i) has a collective bargaining agreement with 1 or more labor organizations representing employees at the facility; or (ii) has an explicit policy not to interfere with the rights of employees of the facility under section 7 of the National Labor Relations Act. . (2) Application for planning grants Section 1621 of the Public Health Service Act ( 42 U.S.C. 300s–1 (c) Application for planning grants An application for a project submitted under part A or B shall deemed to be complete for purposes of section 302(d)(2) of the Green New Deal for Health Act . 302. Planning and Evaluation Grant Program (a) Definitions In this section: (1) Medical facility The term medical facility (2) Proposed project The term proposed project (3) Secretary The term Secretary (4) Sustainability and resiliency plan The term sustainability and resiliency plan (A) the sustainability of a medical facility and infrastructure surrounding the medical facility; and (B) the resiliency of that medical facility and infrastructure surrounding the medical facility to climate change and public health crises. (b) Establishment The Secretary shall establish a grant program, to be known as the Planning and Evaluation Grant Program (c) Eligible entities To be eligible to receive a planning grant under subsection (b), an applicant shall be— (1) a State, Tribal government, or political subdivision of a State or Tribal government, including any city, town, county, borough, hospital district authority, or public or quasi-public corporation; or (2) a nonprofit private entity. (d) Applications (1) In general Except as provided in paragraph (2), an eligible entity seeking a planning grant under subsection (b) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may by regulation prescribe, including— (A) a description of the proposed project; (B) a summary and breakdown of the demographics of the patient population served or potentially served by the medical facility under the proposed project, including information on— (i) whether the medical facility is a facility for which a majority of the revenue the facility receives for patient care is from reimbursements for medical care furnished to Medicare and Medicaid beneficiaries under titles XVIII and XIX of the Social Security Act ( 42 U.S.C. 1395 et seq. (ii) other indications that individuals vulnerable to climate change are served or potentially served by the medical facility; (C) a description of the ways in which the proposed project— (i) will carry out 1 or more activities described in subsection (g); (ii) meet the needs of the community the medical facility serves, especially the needs of vulnerable populations; and (iii) meet the sustainability and resiliency needs of the medical facility due to climate risks and hazards; (D) a description of whether the community served by the medical facility is an environmental justice community; (E) a description of the ways in which the planning grant would be used to carry out 1 or more planning and evaluation activities described in subsection (f); (F) reasonable assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of work on a project will be paid wages at rates not less than those prevailing on similar work in the locality 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 (G) reasonable assurance that the facility— (i) has a collective bargaining agreement with 1 or more labor organizations representing employees at the facility; or (ii) has an explicit policy not to interfere with the rights of employees at the facility under section 7 of the National Labor Relations Act ( 29 U.S.C. 157 (2) Additional applications An application submitted under part A or B of title XVI of the Public Health Service Act ( 42 U.S.C. 300q et seq. 42 U.S.C. 300r (e) Selection The Secretary shall— (1) in coordination with the Secretary of Energy and the Administrator of the Environmental Protection Agency, if necessary, develop metrics to evaluate applications for planning grants under subsection (b); and (2) give priority to applications that focus on improving a medical facility— (A) for which— (i) a majority of the revenue the facility receives for patient care is from reimbursements for medical care furnished to Medicare and Medicaid beneficiaries under titles XVIII and XIX of the Social Security Act ( 42 U.S.C. 1395 et seq. (ii) a high proportion of patients is uninsured, as determined by the Secretary; and (B) that is located in a neighborhood or serves a patient population that— (i) experiences low air quality; (ii) lacks green space; (iii) bears higher cumulative pollution burdens; or (iv) is at disproportionate risk of experiencing the adverse effects of climate change. (f) Planning activities Planning and evaluation activities carried out by an eligible entity using grant funds received under subsection (b) shall include 1 or more of the following: (1) Performing project planning, community outreach and engagement, feasibility studies, and needs assessments of the local community and patient populations. (2) Performing engineering and climate-risk assessments of the medical facility infrastructure and the access routes to the medical facility. (3) Providing management and operational assistance for developing and receiving funding for the proposed project. (4) Other planning and evaluation activities and assessments as the Secretary determines appropriate. (g) Proposed projects Construction and modernization activities carried out by a proposed project under a sustainability and resiliency plan developed pursuant to a planning grant received under subsection (b) may include— (1) improvements to the infrastructure, buildings, and grounds of the medical facility, including— (A) installation of onsite distributed generation that combines energy-efficient devices, energy storage, and renewable energy in accordance with modern electrical safety standards for medical facilities to allow the medical facility to access essential energy during power outages and optimize use of onsite and offsite energy sources for emissions reductions; and (B) improving air conditioning, monitoring, and purifying through installation of high-efficiency heat pumps that provide both cooling and heating, air purifiers, air filtration systems, and air quality monitoring systems integrated with energy systems and energy efficiency considerations in preparation for future natural hazards and public health crises such as wildfire, smog, extreme heat events, and pandemics; (2) green infrastructure projects, such as— (A) installation and maintenance of wetlands, drainage ponds, and any other green infrastructure that would protect the medical facility from projected severe effects with respect to extreme weather, natural disasters, or climate-change-related events, including sea-level rise, flooding, and increased risk of wildfire; and (B) green rooftops, walls, and indoor plantings, particularly those that can provide publicly accessible temperature management and air quality improvements; (3) resiliency projects to secure local accessibility to the medical facility by protecting the access routes to the medical facility, such as— (A) infrastructure upgrades that protect access routes to the medical facility, such as long-term flood, wildfire, and other disaster mitigation for the roads, sidewalks, and public transit infrastructure that service the medical facility; and (B) the long-term maintenance of decarbonization and zero-emissions infrastructure; and (4) any other type of activity the Secretary determines will increase the sustainability and resiliency of a medical facility and protect patient health and community access during extreme weather. (h) Amount of grant The total amount of a grant under subsection (b) shall not exceed $500,000. (i) Technical assistance The Secretary, in coordination with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation, if necessary, directly or through partnerships with States, Tribal governments, and nonprofit organizations, shall provide technical assistance to eligible entities interested in carrying out proposed projects that— (1) serve environmental justice communities or medically underserved communities; (2) demonstrate a commitment to provide job training, apprenticeship programs, and contracting opportunities to residents and small businesses owned by residents of the community that the medical facility serves; (3) identify and further community priority actions and conduct robust community engagement; and (4) employ nature-based solutions that focus on protection, restoration, or management of ecological systems to safeguard public health, provide clean air and water, increase natural hazard resilience, and sequester carbon. (j) Prohibition on training repayment As a condition of receiving a grant or technical assistance under this section, an eligible entity shall certify that the eligible entity does not use, and if the eligible entity contracts with any staffing agency or training provider, that such agency or provider does not use, any provision in employment agreements, job training agreements, or apprenticeship program agreements that would require an employee or training or apprenticeship program participant to pay a debt if the employee or training or apprenticeship program participant's employment or work relationship or training period with a specified employer or business entity is terminated. (k) Environmental justice communities The Secretary shall ensure that not less than 50 percent of grant funds awarded under subsection (b) are used for sustainability and resiliency plans for proposed projects located in environmental justice communities. (l) Authorization of Appropriations There is authorized to be appropriated to the Secretary to carry out this section $5,000,000,000 for fiscal year 2024, to remain available until expended. IV Health care sector decarbonization 401. Office of Sustainability and Environmental Impact (a) Establishment There is hereby established in the Centers for Medicare & Medicaid Services an Office of Sustainability and Environmental Impact (in this section referred to as the Office (b) Priority goals The Office shall— (1) collaborate with the Office of Climate Change and Health Equity, the Environmental Protection Agency, and other interagency committees to support a whole-of-government and whole-of-health approach to addressing the climate crisis; (2) develop and promulgate regulations that support climate-informed care, support health care decarbonization and sustainability, and mitigate the environmental impacts of the health care system upon patients, communities, and health care workers; (3) develop and promulgate regulations that support patient access to, and coverage of, climate-informed health care services to prevent and address the health impacts of climate change; (4) conduct oversight of health care systems, their climate emissions, and environmental harms and provide interagency technical assistance in remediating such emissions and environmental harms; and (5) issue Climate-Friendly (c) Director (1) In general The Office shall be headed by a Director, to be known as the Director of Sustainability and Environmental Impact, who shall be appointed by the Secretary of Health and Human Services (in this section referred to as the Secretary (2) Functions The Director shall— (A) convene stakeholders (including key health care stakeholders) for strategic planning towards the priority goals of the Office; (B) advise the Secretary and the Administrator of the Centers for Medicare & Medicaid Services in matters of sustainability and environmental impact and the role of the Centers for Medicare & Medicaid Services in sustainability and environmental impact; (C) collaborate with academic experts and community leaders to understand and establish best practices for decarbonizing health care operations; and (D) develop and evaluate the Office's strategy to tackle health care decarbonization and sustainability and mitigating environmental impacts within the Centers for Medicare & Medicaid Services. (d) Report to Congress Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a Health Care Sustainability and Environmental Impact Report, which shall be prepared by the Director of Sustainability and Environmental Impact, with appropriate assistance from other agencies in the executive branch of the Federal Government. Each such report shall include the following: (1) A summary of interagency collaboration. (2) A methodology to designate and accredit health systems that achieve substantial reductions in emissions and environmental harm as Climate-Friendly (3) An inventory of Climate-Friendly (A) quality of care; (B) patient safety; (C) safety of health care workers and health care facility workers; (D) health care costs; and (E) environmental health and overall health of the community served. (4) An analysis of the demographics and climate vulnerability of patients and types of communities served by Climate-Friendly (5) Recommendations for actions by health systems and for Federal technical assistance and supportive resources for the health system to achieve substantial reductions in emissions and environmental harm in order to attain Climate-Friendly (6) A summary of oversight efforts of the Centers for Medicare & Medicaid Services regarding emissions and environmental impacts and payment and coverage impacts on climate change preparedness, mitigation, and response. (7) Recommendations for such legislation and administration action as the Secretary determines appropriate to regulate and promote health care sustainability, decarbonization, and mitigate environmental impact within the health care system. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2024 through 2033. 402. Climate risk disclosure for medical supplies Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. 524C. Climate risk disclosure for medical supplies (a) Task force (1) In general The Secretary, in coordination with the Commissioner and the Administrator of the Environmental Protection Agency, shall establish a task force for purposes of developing a strategy to establish climate risk disclosure policies for manufacturers of drugs (including biological products) and devices. (2) Duties The task force established under paragraph (1) shall— (A) recommend a methodology for drug and device manufacturers to calculate the emissions and climate risk due to clinical use of the drug or device, factoring in emissions from the manufacture, transport, use, processing, reprocessing, and waste relating to the drug or device; (B) recommend a policy and process for mandatory public disclosure of emissions and climate risk relating to drugs and devices; (C) recommend a policy for oversight of disclosures to ensure accuracy and transparency of emissions reporting as described in subparagraph (B), and to ensure that patient safety and necessary access is maintained; (D) develop methods to disseminate information to clinicians for low environmental impact options for clinically equivalent treatment options; (E) develop suggestions for the reduction of emissions by drug and device manufacturers without harming or risking patient safety; and (F) provide technical assistance and establish partnerships to facilitate lower emissions design and manufacture of comparable drugs and comparable devices. (3) Membership The task force established under paragraph (1) shall be composed of the following: (A) 3 representatives of the Food and Drug Administration, appointed by the Commissioner. (B) 3 representatives of the Environmental Protection Agency, appointed by the Administrator of the Environmental Protection Agency. (C) 3 representatives of the Office of Climate Change and Health Equity of the Department of Health and Human Services, appointed by the Secretary. (b) Regulations Not later than 1 year after the date of enactment of the Green New Deal for Health Act (1) establish mandatory climate risk disclosure and transparency policies for drugs and devices approved, licensed, or cleared under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act; and (2) incorporate climate risk into policies related to transparency, labeling, and other regulatory policies related to drugs and devices, based on the recommendations of the task force described in subsection (a). (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $4,000,000 for fiscal year 2024, to remain available until expended. . 403. Green health care manufacturing (a) In general There is established a Federal interagency working group, to be known as the Council on Green Health Care Manufacturing Council (b) Membership The membership of the Council shall consist of— (1) the Secretary of Health and Human Services (referred to in this section as the Secretary (2) the Secretary of Energy; (3) the Secretary of Transportation; (4) the Secretary of Labor; (5) the Administrator of the Environmental Protection Agency; (6) the Director of the Office of Climate Change and Health Equity; (7) the Director of Sustainability and Environmental Impact; (8) the Chair of the Council on Environmental Quality; (9) the United States Trade Representative; and (10) the heads of other Federal agencies, as determined necessary by the Chair. (c) Duties (1) Assessment and report (A) In general Not later than 1 year after the date of enactment of this Act, the Council shall conduct an assessment of global and domestic medical supply chains, including an assessment of— (i) the environmental and climate impacts of medical supply chains, including— (I) emissions from the production, transportation, and packaging of medical and pharmaceutical products; (II) chemical and other environmental pollution; (III) excessive energy consumption; (IV) negative externalities relating to waste; and (V) any other environmental or climate impacts the Council determines relevant; (ii) labor conditions for workers in the United States and globally who produce medical and pharmaceutical products consumed by individuals residing in the United States, including the degree to which such workers— (I) are ensured a protected right to organize; (II) are provided adequate workplace safety protections; and (III) are adequately compensated; (iii) efficiency and resiliency of processes under medical supply chains, including the ability of medical supply chains to adapt to sudden shifts in demand, including shifts in demand within discrete geographic regions; (iv) the reliance of the United States on international supply chains for medical products, including information about which types of medical products are primarily manufactured outside of the United States, and where such products are manufactured; and (v) human rights abuses in manufacturing of medical and pharmaceutical products and sourcing of those products, including abuses of indigenous rights and traditions. (B) Report On completion of the assessment conducted under subparagraph (A), the Council shall submit to Congress and make publicly available a report, to be known as the Green Health Care Manufacturing Report (2) Recommendations (A) In general Based on the findings of the assessment conducted under paragraph (1)(A), the Council shall develop recommendations for regulations that would support a medical supply chain that is— (i) sustainable; (ii) free of greenhouse gas emissions; and (iii) based in the United States. (B) Inclusions The proposed regulations under subparagraph (A) shall— (i) support good labor conditions, worker protections, and employee rights to organize and collectively bargain; and (ii) ensure the global trade competitiveness of the United States, including by considering the comparative carbon intensity of domestic and internationally manufactured pharmaceuticals and medical products. (3) Grant program Based on the findings of the assessment conducted under paragraph (1)(A), the Council shall develop recommendations for a grant program to be carried out by the Secretary under which the Secretary would make grants for medical manufacturing to support the development and establishment of sustainable and zero-emission medical supply chains based in the United States. (d) Regulations (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and promulgate regulations to support a medical supply chain that is— (A) sustainable; (B) free of greenhouse gas emissions; and (C) based in the United States. (2) Requirement The Secretary shall develop the regulations under paragraph (1) based on the recommendations for regulations developed by the Council under subsection (c)(2). (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. V A health workforce to tackle the climate crisis 501. Education and training relating to health risks associated with climate change Part D of title VII of the Public Health Service Act ( 42 U.S.C. 294 et seq. 758. Education and training relating to health risks associated with climate change (a) In general Not later than 1 year after the date of the enactment of the Green New Deal for Health Act (b) Application To be eligible for a grant under this section, a health profession school shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, which shall include, at a minimum, a description of the following: (1) How the health profession school will engage with frontline communities to climate change or environmental justice communities, and stakeholder organizations representing such communities, in developing and implementing the education and training programs supported by the grant. (2) How the health profession school will engage with individuals disproportionately affected by climate change, and stakeholder organizations representing such individuals, in developing and implementing the education and training programs supported by the grant. (3) How the health profession school will ensure that such education and training programs will address racial and ethnic disparities in exposure to, and the effects of, risks associated with climate change for individuals vulnerable to climate change. (4) How the health profession school will build inclusive career opportunities and pathways to build up and expand the health care workforce ready to address the health burdens of climate change. (c) Use of funds A health profession school awarded a grant under this section shall use the grant funds to develop, and integrate into the curriculum and continuing education of such health profession school, education and training on each of the following: (1) Identifying risks associated with climate change for individuals disproportionately affected by climate change, with consideration of co-morbidities and socioeconomic risk factors. (2) Identifying risks to reproductive health associated with climate change for individuals disproportionately affected by climate change. (3) How risks and combinations of risks associated with climate change affect individuals disproportionately affected by climate change and individuals with the intent to become pregnant. (4) Racial and ethnic disparities in exposure to, and the effects of, risks associated with climate change for individuals disproportionately affected by climate change and individuals with the intent to become pregnant. (5) Patient counseling and mitigation strategies relating to risks associated with climate change for both mental and physical health for individuals disproportionately affected by climate change. (6) Relevant services and support for individuals disproportionately affected by climate change relating to risks associated with climate change and strategies for ensuring that such individuals have access to such services and support. (7) Implicit and explicit bias, racism, and discrimination. (8) Related topics identified by such health profession school based on the engagement of such health profession school with individuals vulnerable to climate change and stakeholder organizations representing such individuals. (d) Partnerships In carrying out activities with grant funds, a health profession school awarded a grant under this section may partner with one or more of the following: (1) A State, local, or Tribal public health department. (2) A labor union organization representing workers in health care settings. (3) A health care professional membership association. (4) A patient advocacy organization. (5) A community health center or organization. (6) A health profession school or other institution of higher education, which may be a health profession school. (7) A public school or school district. (e) Technical assistance The Secretary shall provide technical assistance to health profession schools and partnership organizations to assist application planning and preparation for schools and partnerships that train individuals from, and that serve, medically underserved communities. (f) Reports to secretary (1) Annual report For each fiscal year during which a health profession school receives grant funds under this section, such health profession school shall submit to the Secretary a report that describes the activities carried out with such grant funds during such fiscal year. (2) Final report Not later than the date that is 1 year after the end of the last fiscal year during which a health profession school receives grant funds under this section, the health profession school shall submit to the Secretary a final report that summarizes the activities carried out with such grant funds. (g) Report to congress Not later than 6 years after the date on which the program is established under subsection (a), the Secretary shall submit to Congress and publish on the public website of the Department of Health and Human Services a report that includes the following: (1) A summary of the reports submitted under subsection (e). (2) Recommendations to improve education and training programs at health profession schools with respect to identifying and addressing risks associated with climate change for individuals vulnerable to climate change. (h) Definitions In this section: (1) Environmental justice community The term environmental justice community Green New Deal for Health Act (2) Health profession school The term health profession school (A) medical school; (B) school of nursing; (C) midwifery program or other evidence-based birth care training program; (D) physician assistant education program; (E) school of psychiatry, psychology, counseling, or social work; (F) career and technical education health sciences program; (G) public health program; (H) community health worker training program; (I) teaching hospital; (J) residency or fellowship program; or (K) other school or program determined appropriate by the Secretary. (3) Individual disproportionately affected by climate change The term individual disproportionately affected by climate change (A) Age under 5 years old or over 65 years old. (B) Race and ethnicity, and experience of racial bias. (C) Sex, gender, and gender minority status. (D) Being of reproductive age. (E) Exposure to environmental health risks due to living conditions or location, including current or past experience of homelessness. (F) Occupation or exposure to occupational hazards. (G) Household income. (H) Disability. (I) Co-morbidities. (J) Current or past exposure to personal or systemic trauma, including natural disasters. (K) Immigration status. (L) Language isolation. (4) Medically underserved community The term medically underserved community (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $9,000,000,000 for fiscal year 2024, to remain available until expended. . 502. Building a community health workforce for the climate crisis Section 399V of the Public Health Service Act ( 42 U.S.C. 280g–11 (1) in subsection (b)— (A) by redesignating the paragraphs (2) through (6) as paragraphs (4) through (8), respectively; (B) by inserting after paragraph (1) the following: (2) build career paths for community health workers by— (A) establishing accessible, inclusive, low-cost or no-cost training, credentialing, or apprenticeship opportunities for community health workers to acquire skills and expertise concerning health risks caused by climate change and environmental hazards; (B) establishing accessible, inclusive, low-cost or no-cost educational, training, credentialing, or apprenticeship opportunities for entry into the community health worker profession; or (C) expanding career advancement opportunities and career pathways, including scholarships for advanced or specialized training; (3) expand the community health workforce by establishing permanent community health worker positions that pay, at minimum, the prevailing wage for such workers, through long-term, stable funding, in order to staff the medical needs of a community sufficiently while ensuring reasonable workloads for individual workers; ; (C) in paragraph (4) (as so redesignated)— (i) in subparagraph (A)(i), by inserting and linguistically isolated populations (ii) in subparagraph (B)— (I) in clause (i), by striking and (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: (ii) connecting population groups at disproportionate risk for specific health threats and effects from environmental hazards, climate change, and extreme weather, such as increased heat-related illnesses and injuries, degraded air and water quality, vector-borne illnesses, mental and behavioral health effects, and food, water, and nutrient insecurity to available resources; and ; (D) in paragraph (7) (as so redesignated), by striking and (E) in paragraph (8) (as so redesignated), by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following: (9) support community health workers in educating, guiding, and providing home visitation services regarding the assessment and mitigation of the health risks of climate change, including geography-specific and condition-specific risks and environmental health hazards and the cumulative health impacts of such risks and hazards; and (10) provide outreach and communication to promote preparedness and response strategies to climate change and extreme weather. ; (2) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (D), by striking or (ii) in subparagraph (E), by adding or (iii) by adding at the end the following: (F) environmental justice communities (as defined in section 2 of the Green New Deal for Health Act ; (B) in paragraph (3), by inserting and experience training community health workers (C) in paragraph (4), 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) have a documented collective bargaining agreement with 1 or more labor organizations representing employees of the applicant or have an explicit policy not to interfere with the rights of employees of the applicant under section 7 of the National Labor Relations Act. ; (3) by redesignating subsections (e) through (j) as subsections (f) through (k), respectively; (4) by inserting after subsection (d) the following: (e) Workforce expansion The Secretary, in consultation with the Secretary of Labor, shall develop a plan to expand the community health workforce by 150,000 workers by 2028 through the creation of career pathways, full-time positions, and training opportunities described in subsection (b). ; (5) in subsection (j) (as so redesignated), by striking $50,000,000 for each of fiscal years 2023 through 2027 $10,000,000,000 for each of fiscal years 2024 through 2033 (6) in paragraph (1) of subsection (k) (as so redesignated)— (A) by inserting a nonprofit community health organization, a nonprofit community health worker association, a public health department, (B) by striking ((as defined (as defined 503. Safeguarding essential health care workers The Public Health Service Act is amended by inserting after section 319D–1 ( 42 U.S.C. 247d–4b 319D–2. Emergency grants to safeguard essential health care workers (a) Definitions In this section: (1) Emergency or disaster The term emergency or disaster (A) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (B) an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (C) a national emergency declared by the President under the National Emergencies Act; (D) a public health emergency declared under section 319; and (E) a State or local emergency or disaster, as declared by the applicable State or local government. (2) Eligible health care worker The term eligible health care worker (3) Essential health care worker The term essential health care worker (A) a health care provider, including a direct care worker (as defined in section 799B); (B) a medical technologist; (C) a public health worker; (D) an orderly (as defined in the 2010 Standard Occupational Classifications of the Department of Labor under the code for Orderlies (31–1015)); (E) an environmental service, janitorial, or custodial worker in a health care setting; and (F) any other professional role that the Secretary determines is essential to the care of patients or the maintenance of public health. (b) Grants (1) In general The Secretary may make grants to public or private nonprofit health care facilities and home health agencies for use in accordance with paragraph (2). (2) Use of funds (A) Hazardous duty compensation (i) In general The recipient of a grant under paragraph (1) shall use the grant funds to provide hazardous duty compensation to eligible health care workers for work performed during the period of an emergency or disaster in cases in which the Secretary determines that— (I) the performance of the work by the eligible health care worker for the applicable health care facility or home health agency is hazardous; or (II) the commute of the eligible health care worker is hazardous. (ii) Requirement (I) In general Subject to subclause (II), the amount of hazardous duty compensation under clause (i) shall be not more than $13 per hour, which shall be in addition to the wages or remuneration the eligible health care worker otherwise receives for the work. (II) Maximum amount The total amount of hazardous duty compensation received by any 1 eligible health care worker under this subparagraph may not exceed $25,000 per year. (B) Additional uses The recipient of a grant under paragraph (1) may use the grant funds to provide safety measures to safeguard and protect eligible health care workers from hazards due to the applicable emergency or disaster, including alternative transit options, personal protective equipment, and other safety measures. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary. . VI Safe, strong, and resilient communities A Empowering resilient community mental health 601. Grants for resilient community mental health Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. 317W. Grant program for community wellness and resilience programs (a) Grants (1) Program grants (A) Awards The Secretary, in coordination with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, shall carry out a program of awarding grants to eligible entities, on a competitive basis, for the purpose of establishing, operating, or expanding community mental wellness and resilience programs. (B) Amount An eligible entity awarded a grant under subparagraph (A) may receive not more than $300,000 per year for not more than 4 years. (2) Planning grants (A) Awards The Secretary, in coordination with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, shall award grants to entities— (i) to organize a resilience coordinating network that meets the requirements of subsection (c)(2); (ii) to perform assessments of need with respect to community mental wellness and resilience; and (iii) to prepare an application for a grant under paragraph (1). (B) Amount The amount of a grant under subparagraph (A), with respect to any resilience coordinating network to be organized for applying for a grant under paragraph (1), shall not exceed $100,000. (b) Program requirements A community mental wellness and resilience program funded pursuant to a grant under subsection (a)(1) shall take a public health approach to mental health to strengthen the entire community’s psychological and emotional wellness and resilience, including by— (1) collecting and analyzing information from residents as well as quantitative data to identify— (A) protective factors that enhance and sustain the community’s capacity for mental wellness and resilience; and (B) risk factors that undermine such capacity; (2) strengthening such protective factors and addressing such risk factors; (3) building awareness, skills, tools, curricula, and leadership in the community to— (A) facilitate using a public health approach to mental health; and (B) heal mental health and psychosocial problems among all adults and youth; and (4) developing, implementing, and continually evaluating and improving a comprehensive strategic plan for carrying out the activities described in paragraphs (1), (2) and (3) that includes utilizing developmentally, linguistically, and culturally appropriate evidence-based, evidence-informed, promising-best, or indigenous practices for— (A) engaging community members in building social connections across cultural, geographic, and economic boundaries; (B) enhancing local economic and environmental conditions and environmental resilience, including with respect to the built environment; (C) becoming trauma-informed and learning simple self-administrable mental wellness and resilience skills; (D) engaging in community activities and mutual aid networks that strengthen mental wellness and resilience; (E) partaking in nonclinical group and community-minded recovery and healing programs; (F) embedding trauma-informed climate education and mental resilience curricula and programming into schools for students, workers, and the broader community; and (G) other activities to promote mental wellness and resilience, manage climate anxiety, and heal individual and community traumas. (c) Eligible entities (1) In general To be eligible to receive a grant under subsection (a)(1), an applicant shall be a nonprofit or community organization that has— (A) organized a resilience coordinating network that meets the requirements of paragraph (2); and (B) been approved by such resilience coordinating network to serve as its fiscal sponsor. (2) Resilience coordinating networks described A resilience coordinating network organized under paragraph (1)(A) shall be composed of 1 or more representatives of entities from not fewer than 8 of the following categories: (A) Grassroots groups, neighborhood associations, and volunteer civic organizations. (B) Elementary and secondary schools, institutions of higher education including community colleges, job-training programs, and other education or training agencies or organizations. (C) Youth after-school and summer programs. (D) Family and early childhood education programs. (E) Faith and spirituality organizations. (F) Senior care organizations. (G) Climate change mitigation and adaptation, and environmental conservation, groups and organizations. (H) Social and environmental justice groups and organizations. (I) Disaster preparedness and response groups and organizations. (J) Local labor organizations. (K) Businesses and business associations. (L) Agencies and organizations involved with community safety. (M) Social work, mental health, behavioral health, substance use, physical health, and public health professionals; public health agencies and institutions; and mental health, behavioral health, social work, and other professionals, groups, organizations, agencies, and institutions in the health and human services fields. (N) The general public, including individuals who have experienced mental health or psychosocial problems who can represent and engage with populations relevant to the community. (d) Report (1) Submission Not later than December 31, 2028, the Secretary shall submit a report to the Congress on the results of the grants under subsection (a)(1). (2) Contents Such report shall include a summary of the best practices used by grantees in establishing, operating, or expanding community mental wellness and resilience programs. (e) Technical assistance The Secretary shall provide technical assistance— (1) to assist eligible entities in developing applications for grants under paragraph (1) or (2) of subsection (a); and (2) to enable the sharing of best practices learned from successful resilience coordinating networks. (f) Definitions In this section: (1) The term community (2) The term community trauma (3) The term mental wellness (A) realize their own potential; (B) constructively cope with the stresses of life; (C) work productively and fruitfully; and (D) make a contribution to their community. (4) The term protective factors (A) are associated with a lower likelihood of negative outcomes of adversities; or (B) reduce the impact on people of toxic stresses or a traumatic experience. (5) The term psychosocial problem (6) The term public health approach to mental health (A) take a population-level approach to promote mental wellness and resilience to prevent problems before they emerge and heal them when they do appear, not merely treating individuals one at a time after symptoms of pathology appear; and (B) address mental health and psychosocial problems by— (i) identifying and strengthening existing protective factors, and forming new ones, that buffer people from and enhance their capacity for psychological and emotional resilience; and (ii) taking a holistic systems perspective that recognizes that most mental health and psychosocial problems result from numerous interrelated personal, family, social, economic, and environmental factors that require multipronged community-based interventions. (7) The term resilience (A) respond without negative consequences for themselves or others; and (B) use the experiences as catalysts to develop a constructive new sense of meaning, purpose, and hope. (8) The term Secretary (9) The term toxic stress (g) Funding (1) Authorization of appropriations To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2028. (2) Rural communities The Secretary shall award not less than 20 percent of the amounts made available under paragraph (1) for grants under paragraphs (1) and (2) of subsection (a) to eligible entities that are establishing, operating, or expanding community mental wellness and resilience programs that are located in or serve a rural area (as defined in section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 (3) Environmental justice communities The Secretary shall award not less than 20 percent of the amounts made available under paragraph (1) for grants under paragraphs (1) and (2) of subsection (a) to eligible entities that are establishing, operating, or expanding community mental wellness and resilience programs that serve environmental justice communities (as defined in section 2 of the Green New Deal for Health Act . B Understanding and preventing heat risk 611. Definitions In this subtitle: (1) Extreme heat The term extreme heat (A) Duration of an individual heat event. (B) Intensity. (C) Season length. (D) Frequency. (2) Heat The term heat (3) Heat event The term heat event (4) Heat-health The term heat-health (5) Planning The term planning (6) Preparedness The term preparedness (7) Tribal government The term Tribal government 25 U.S.C. 5131 (8) Vulnerable populations The term vulnerable populations 612. Study on extreme heat information and response (a) Study (1) In general Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere, in consultation with representatives from the Department of Health and Human Services as the Secretary of Health and Human Services considers appropriate, shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study on extreme heat information and response, to be completed not later than 2 years after the date of the enactment of this Act. (2) Elements The study described in paragraph (1) shall— (A) identify the policy, research, operations, communications, and data gaps affecting heat-health planning, preparedness, response, resilience, and adaptation, and impacts to vulnerable populations; (B) provide recommendations for addressing gaps identified under subparagraph (A); (C) provide recommendations, in addition to the recommendations provided under subparagraph (B), which may include strategies for— (i) communicating warnings to and promoting resilience of populations vulnerable to extreme heat; (ii) distributing extreme heat warnings, including to individuals with limited English proficiency and individuals who may have other established barriers to such information; (iii) designing warnings described in clause (ii) to convey the urgency and severity of heat events and achieve behavior changes that reduce the mortality and morbidity of extreme heat effects; (iv) understanding compound and cascading risks to inform development and implementation of heat-health risk reduction interventions; and (v) promoting community resilience and addressing specific decision support service needs of vulnerable populations; and (D) consider the effectiveness of country- or local-level heat awareness and communication tools, preparedness plans, or mitigation. (3) Development of definitions In conducting the study described in paragraph (1), the National Academies of Sciences, Engineering, and Medicine shall work with heat and health experts to identify consistent and agreed-upon definitions for heat events, heat waves, and other relevant terms. (b) Report Not later than 90 days after completion of the study described in subsection (a)(1), the Under Secretary of Commerce for Oceans and Atmosphere shall— (1) make available to the public on an internet website of the National Oceanic and Atmospheric Administration a report on the findings and conclusions of the study; and (2) submit the report to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Science, Space, and Technology of the House of Representatives; (D) the Committee on Energy and Commerce of the House of Representatives; and (E) the Committee on Education and the Workforce of the House of Representatives. 613. Financial assistance for research and resilience in addressing extreme heat risks (a) Establishment of program Subject to the availability of appropriations, not later than 1 year after the date of the enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall establish and administer a community heat resilience program to provide financial assistance to eligible entities to carry out projects described in subsection (e) to ameliorate the mental and physical human health impacts of extreme heat events. (b) Purpose The purpose of the financial assistance provided under this section is to further scientific research regarding extreme heat and fund efforts to educate communities about extreme heat. (c) Forms of assistance Financial assistance provided under this section may be in the form of contracts, grants, or cooperative agreements. (d) Eligible entities Entities eligible to receive financial assistance under this section to carry out projects described in subsection (e) include— (1) nonprofit entities; (2) academic institutions; (3) States; (4) Tribal governments; (5) local governments; and (6) political subdivisions of States, Tribal governments, and local governments. (e) Eligible projects Projects described in this subsection include projects— (1) to expand public awareness of heat risks; (2) to conduct heat mapping campaigns; (3) to conduct scientific research to assess gaps and priorities regarding the risks of extreme heat in communities; (4) to communicate risks to isolated communities; and (5) to educate such communities about how to respond to extreme heat events. (f) Priorities In selecting eligible entities to receive financial assistance under this section, the Under Secretary of Commerce for Oceans and Atmosphere shall prioritize entities that will carry out projects that provide benefits for historically disadvantaged communities and communities found to have the greatest risk or highest incidence of heat-related illnesses and mortalities. 614. Authorization of appropriations (a) Study on extreme heat information and response There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to contract with the National Academies of Sciences, Engineering, and Medicine to carry out section 612 $500,000 for each of fiscal years 2024 through 2026. (b) Financial assistance To address extreme heat There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out section 613 $30,000,000 for each of fiscal years 2024 through 2028. C Home resiliency for medical needs 621. Medicare coverage of medically necessary home resiliency services (a) Coverage Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (1) in subsection (s)(2)— (A) in subparagraph (II), by striking and (B) in subparagraph (JJ), by inserting and (C) by adding at the end the following new subparagraph: (KK) in the case of an individual who is medically at risk in the event of a climate or man-made disaster (as determined by the Secretary in accordance with subsection (nnn)), home resiliency services (as defined in such subsection); ; and (2) by adding at the end the following new subsection: (nnn) Home resiliency services; determination of individuals medically at risk (1) Home resiliency services The term home resiliency services (A) furnished on or after January 1, 2024, to an individual described in subsection (s)(2)(KK); and (B) that the Secretary determines are medically necessary for such individual in the case of a climate or man-made disaster, such as a heat pump for an individual vulnerable to extreme temperatures, solar batteries for an individual reliant on electrical medical equipment (including home mechanical ventilators), and energy-efficient cold storage for heat-sensitive medical supplies. (2) Determination of individuals medically at risk For purposes of subsection (s)(2)(KK) and this subsection, the Secretary, in consultation with the Office of Climate Change and Health Equity, the National Institutes of Health, the Centers of Medicare & Medicaid Services, and the National Oceanic and Atmospheric Administration, shall establish a process to determine the conditions under which an individual would be determined to be medically at risk in the event of a disaster or climate hazards, including extreme heat, extreme cold, flooding, and loss of power. Such a process shall consider— (A) geography-specific climate risks and regional preparedness for different climate risks; (B) the regional history of disaster or climate hazards and infrastructure failure in the preceding 20 years or the forward-looking predicted risk of disaster or climate hazards and infrastructure failure in the next 20 years; (C) medical reliance on equipment, pharmaceuticals, mobility aids, and other supplies that are sensitive to exposure to extreme temperatures, poor air quality, flooding and water damage, or dependent on electrical power; and (D) chronic medical conditions, disabilities, and co-morbidities that increase patient vulnerability during disaster. . (b) Payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) (1) by striking and (HH) (2) by inserting before the semicolon at the end the following: and (II) with respect to home resiliency services described in section 1861(s)(2)(KK), the amount paid shall be an amount equal to 100 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary VII Research and innovation for climate and health 701. Research and innovation for climate and health Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. W Research and innovation for climate and health 399OO. National Climate and Health Research and Innovation Initiative (a) Establishment The President shall establish and implement an initiative, to be known as the National Climate and Health Research and Innovation Initiative Initiative (b) Purpose The purpose of the Initiative is to develop the tools, research, innovations, and understanding of climate change and health needed to prevent, treat, and mitigate the health harms of climate change in order to protect the collective health and well-being of the people of the United States. (c) Activities In carrying out the Initiative, the President, acting through the Office of Climate Change and Health Equity, the Interagency Committee, and such agency heads as the President considers appropriate, shall carry out activities that include the following: (1) Supporting research to understand, predict, and prevent the health burdens of climate change and improve the ability to treat health harms due to climate change, including— (A) research to understand and predict the impacts of climate change on both physical and mental health, including disproportionate impacts based on race, ethnicity, language, gender, sex, pregnancy status, disability, age, location, occupation, and immigration status; (B) research into, and mitigation of, adverse mental and physical health effects of historical and ongoing environmental racism and the subsequent combined health risk of climate change and environmental pollution; (C) research to model and predict occupational hazards that will occur or intensify due to climate change; (D) development of medical education curricula relating to the clinical hazards of, and interventions for, climate-change-based health burdens; (E) research to address climate-related housing and community development issues, including the impact of, and mitigation strategies for, challenges such as isolation, low-quality housing, housing precarity, and homelessness, and the vulnerabilities and the mental and physical health risks those challenges present; and (F) research to study the social and economic factors and policies that create healthy, resilient communities prepared to adapt to the challenges posed by climate change. (2) Supporting research and development of sustainable and equitable health care operations and clinical practices that reduce greenhouse gas emissions, climate risk, and environmental health hazards, including— (A) research into effective models of health care delivery— (i) to mitigate the impact of long-standing climate change and environmental hazards on health; and (ii) in preparation for, and in response to, climate disasters; (B) research to model and predict the necessary health care capacity surplus required to absorb both acute and chronic surges in health care demand due to climate-generated health burden, with attention to geographical climate risks and patient demographic health care needs; (C) the development of methods to reduce health sector environmental pollution; (D) research into, and mitigation of, the environmental impacts of hazardous substances used in health care and the health care supply chain, including the placement of facilities that use hazardous substances and the proximity of those facilities to historically marginalized communities; (E) (i) research and development of innovations that shift the lifecycle of medical supplies and devices from single use to sustainable, circular economies, including low-environmental impact sterilization techniques; and (ii) support of public-private partnerships that enable scientific translation of those innovations; (F) the development of clinically equivalent and improved, low-climate-footprint interventions and pharmaceuticals and the study of the environmental impacts of those interventions and pharmaceuticals to enable high-quality, environmentally conscious clinical decision making; and (G) conducting and supporting research, development, demonstration, and commercial application of renewable energy technologies and strategies to meet the energy demand and energy security needs of infrastructure critical to health care. (d) Termination The Initiative shall terminate on December 31, 2033. 399OO–1. Interagency coordination (a) In general Not later than 1 year after the date of enactment of the Green New Deal for Health Act Interagency Committee (b) Membership (1) In general The membership of the Interagency Committee shall consist of— (A) 3 representatives of the Department of Health and Human Services, which shall include— (i) 1 representative of the Office of Climate Change and Health Equity; and (ii) 1 representative of the National Institutes of Health; (B) 1 representative of the Office of Science and Technology Policy; (C) 1 representative of the National Science Foundation; (D) 1 representative of the Environmental Protection Agency; (E) 1 representative of the Department of Energy; (F) 1 representative of the Department of Housing and Urban Development; and (G) 1 representative of the Department of Labor. (2) Co-chairs The Interagency Committee shall be co-chaired by the representatives described in subparagraphs (A)(i) and (B) of paragraph (1). (c) Meetings The Interagency Committee shall meet not less frequently than quarterly. (d) Duties The Interagency Committee shall— (1) provide for interagency coordination of the activities of the Initiative; (2) develop a plan that describes how the departments, offices, and agencies described in subsection (b)(1) will collectively carry out the activities described in section 399OO(c), including— (A) a description of how each department, office, and agency will execute a subset of the activities described in that section; and (B) a description of collaborations across the departments, offices, and agencies; (3) annually submit to Congress a report describing the progress of the Initiative, activities of the Interagency Committee, and policy recommendations that derive from the results of the Initiative; and (4) as part of the President’s annual budget request to Congress, propose an annually coordinated interagency budget for the Initiative to the Office of Management and Budget that is intended to ensure that the balance of funding across the Initiative is sufficient to meet the goals and priorities established for the Initiative. 399OO–2. Advisory Council (a) In general The Secretary shall establish an advisory council (referred to in this section as the Advisory Council (b) Membership (1) In general The membership of the Advisory Council shall consist of— (A) the members of the Interagency Committee; and (B) the non-Federal members appointed under paragraph (2). (2) Appointed members The Secretary shall appoint the following non-Federal members of the Advisory Council: (A) Not more than 4 members who are representatives of research institutions, academic institutions, or medical industry entities. (B) Not fewer than 1 member who is a representative of a critical access hospital (as defined in section 1861(mm)(1) of the Social Security Act). (C) Not fewer than 1 member who is a representative of a hospital that receives disproportionate share payments under section 1886(d)(5)(F) of the Social Security Act. (D) Not fewer than 1 member who is a representative of a community health center receiving funding under section 330. (E) Not fewer than 1 member who is a representative of an Indian Health Service facility operated by an Indian tribe or tribal organization (as defined in section 4 of the Indian Health Care Improvement Act). (F) Not fewer than 1 member who is a representative of a State, local, or Tribal department of public health. (G) Not fewer than 4 members who— (i) are representatives of labor organizations representing health care workers; and (ii) collectively represent a diversity of health care professions, such as workers in environmental services, direct care workers, nurses, and physicians. (H) Not fewer than 4 members who are representatives of community-based patient advocacy or public health advocacy organizations, each of which are from different geographic regions of the United States. (3) Diverse representation The Secretary shall ensure that the membership of the Advisory Council reflects the diversity of the patient populations that are geographically and demographically representative of the United States, especially frontline populations and populations that are subject to negative disparate outcomes in health. (4) Duties The Advisory Council shall advise the President and the Secretary on matters relating to the Initiative, including recommendations related to— (A) the research and innovation needs of frontline communities, environmental justice communities (as defined in section 2 of the Green New Deal for Health Act (B) the current gaps and challenges in the scientific understanding of the health impacts of climate change and the impact of health care on climate; (C) emerging research and innovation needs from clinical practice; (D) whether issues of health disparities are adequately addressed by the Initiative; (E) the balance of activities and funding across the Initiative; (F) bottlenecks in translating research findings into clinical advances, mitigation strategies, and workplace safety; and (G) accountability and ethical use of research funds. (5) Meetings The Advisory Council shall meet not less frequently than annually, and such meetings shall be open to the public. (6) Termination The Advisory Council shall terminate on December 31, 2033. 399OO–3. Authorization of appropriations There is authorized to be appropriated to carry out section 399OO $5,000,000,000 for each of fiscal years 2024 through 2033. .

Green New Deal for Health Act

Family Farm and Small Business Exemption Act This bill restores an exemption for certain family farms and small businesses under the Free Application for Federal Student Aid (FAFSA). The bill applies to the net worth of (1) a family farm on which the family resides, or (2) a small business with not more than 100 full-time or full-time equivalent employees that is owned and controlled by the family. Prior to recent changes made to FAFSA, the net worth of these family farms and small businesses were excluded as assets when calculating a student's financial need to determine federal student aid eligibility. Beginning with the 2024-2025 academic year, the net worth of these farms and businesses will be treated as an asset and therefore included in the calculation. This bill restores the exemption to exclude such net worth from the calculation.

117 S1237 IS: Family Farm and Small Business Exemption Act U.S. Senate 2023-04-20 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. 1237 IN THE SENATE OF THE UNITED STATES April 20, 2023 Ms. Ernst Mr. Tester Mr. Grassley Ms. Lummis Mr. Ricketts Mr. Moran Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To restore the exemption of family farms and small businesses from the definition of assets under title IV of the Higher Education Act of 1965. 1. Short title This Act may be cited as the Family Farm and Small Business Exemption Act 2. Exempting family farms and small businesses from assets under the Higher Education Act of 1965 (a) In general Section 480(f)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv Public Law 116–260 (1) by striking net value of the net value of— (A) the ; (2) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (B) a family farm on which the family resides; or (C) a small business with not more than 100 full-time or full-time equivalent employees (or any part of such a small business) that is owned and controlled by the family. . (b) Effective date The amendments made by subsection (a) shall take effect as if included in the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 Public Law 117–103

Family Farm and Small Business Exemption Act

Invasive Species Prevention and Forest Restoration Act This bill sets forth provisions to control invasive species and support native trees. Specifically, the bill directs the Department of Agriculture (USDA) to award grants to federal agencies, nonprofit organizations, and certain institutions for research to promote the restoration of tree species affected by non-native plant pests and noxious weeds. USDA may also award grants to implement the research or other solutions to restore forest tree species native to the United States that have suffered severe levels of mortality caused by nonnative plant pests or noxious weeds. Grants may be awarded to cooperating forestry schools, land-grant colleges or universities, state agricultural experimental stations, or nonprofit organizations. The bill also expands the authority of USDA to transfer funds to respond to an emergency in which a plant pest or noxious weed directly or indirectly threatens any segment of U.S. agricultural production. Further, USDA must enter into an agreement with the National Academy of Sciences or another nongovernmental entity to analyze available resources that federal agencies have to research, and find solutions to, nonnative plant pests and pathogens.

118 S1238 IS: Invasive Species Prevention and Forest Restoration Act U.S. Senate 2023-04-20 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. 1238 IN THE SENATE OF THE UNITED STATES April 20, 2023 Mr. Welch Mr. Braun Ms. Hassan Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Plant Protection Act for purposes of mitigating the threat of invasive species, and for other purposes. 1. Short title This Act may be cited as the Invasive Species Prevention and Forest Restoration Act 2. Emergency authority with respect to invasive species Section 442 of the Plant Protection Act ( 7 U.S.C. 7772 (1) in subsection (a), by inserting directly or indirectly threatens (2) in subsection (b)— (A) by striking shall remain shall— (1) remain ; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting ; and (C) by adding at the end the following: (2) be transferred not later than 60 days after the date on which the Secretary determines that there is an emergency described in subsection (a). ; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following: (c) Emergency determination In determining whether there is an emergency described in subsection (a), the Secretary shall consider, but shall not treat as a dispositive factor, whether there are sufficient Federal funds available to timely achieve the arrest, control, eradication, or prevention of the spread of the applicable plant pest or noxious weed. . 3. Forest reclamation grants Subtitle K of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3310 et seq. 1473I. Forest reclamation grants (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) A Federal agency. (B) A State cooperative institution. (C) A college or university offering a baccalaureate or higher degree in the study of food, forestry, and agricultural sciences. (D) An organization described in section 501(c)(3) (2) Noxious weed; plant pest The terms noxious weed plant pest 7 U.S.C. 7702 (b) Grant awards For purposes of addressing the critical threat to numerous tree species posed by nonnative plant pests and noxious weeds, the Secretary shall award competitive grants to eligible entities under which the eligible entities shall— (1) conduct research to promote the restoration of affected tree species, including research on— (A) biological control of nonnative plant pests or noxious weeds threatening or heavily damaging native tree species; (B) exploration of genetic manipulation of plant pests or noxious weeds; (C) enhancement of pest-resistance mechanisms of hosts; and (D) development of other strategies for restoring individual tree species; and (2) develop, and disseminate to the public, tools and information based on the research conducted under paragraph (1). (c) Applications An eligible entity seeking 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, including a description of a comprehensive forest restoration research program to be carried out by the eligible entity using the funds received through the grant. (d) Use of funds (1) In general An eligible entity receiving a grant under this section shall use the funds received through the grant to conduct research intended to address specific questions relating to the recovery of tree species that are native to the United States and suffering severe levels of mortality caused by nonnative plant pests or noxious weeds. (2) Matching requirement (A) In general An eligible entity receiving a grant under this section shall provide matching funds from non-Federal sources in an amount equal to not less than 20 percent of the grant. (B) Indirect costs (i) In general Indirect costs charged against a grant awarded under this section shall not exceed 30 percent of the total Federal funds provided under the grant award. (ii) Inclusions Indirect costs described in clause (i) shall include— (I) equipment used in relation to the grant; (II) capital improvements of facilities that are necessary to carry out the grant; (III) accounting costs, personnel costs, and administrative costs incurred by an eligible entity necessary to carry out the grant; and (IV) such other costs as the Secretary determines to be appropriate. (3) Maximum amount of grants An eligible entity may not receive more than a total of $400,000 per year in grant funding under this section. (e) Cooperation among eligible entities To the maximum extent practicable, the Secretary shall encourage eligible entities to cooperate in setting research priorities under this section. (f) Committees In carrying out this section, the Secretary shall— (1) establish a committee of experts composed of representatives of the Forest Service, the Animal and Plant Health Inspection Service, the Agricultural Research Service, and State forestry agencies to advise the Secretary on criteria appropriate for— (A) defining research topics eligible for funding under this section; (B) reviewing the adherence of grant proposals to the purposes described in subsection (b)(1); and (C) membership in scientific peer review panels to review grant applications under this section; and (2) establish an advisory committee composed of representatives of land-grant colleges and universities and affiliated State agricultural experiment stations, the forest products industry, recreationists, and professional forester, conservation, and conservation scientist organizations to assist the committee of experts established under paragraph (1) with respect to the responsibilities of that committee described in subparagraphs (A), (B), and (C) of that paragraph. (g) Reports Not later than 1 year after the date on which the first grant is awarded under this section, and annually thereafter, 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 describing the use of funds under this section in the previous year. (h) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section— (1) $3,000,000 for fiscal year 2023; (2) $5,000,000 for fiscal year 2024; (3) $8,000,000 for fiscal year 2025; and (4) $10,000,000 for fiscal year 2026. . 4. Forest restoration implementation grants Subtitle K of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3310 et seq. 1473J. Forest restoration implementation grants (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) A cooperating forestry school. (B) A land-grant college or university. (C) A State agricultural experimental station. (D) An organization described in section 501(c)(3) (2) Noxious weed; plant pest The terms noxious weed plant pest 7 U.S.C. 7702 (b) Grant awards The Secretary may award grants on a competitive basis under this section to eligible entities to support— (1) the implementation of research conducted under section 1473I; or (2) any other solution that the committee established under subsection (f)(1) of that section determines to be effective in restoring forest tree species native to forests in the United States that have suffered severe levels of mortality caused by nonnative plant pests or noxious weeds. (c) Application An eligible entity seeking 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, including a demonstration that the eligible entity has a program in effect with a forest restoration strategy that incorporates a majority of the following components: (1) Collection and conservation of native tree genetic material. (2) Production of propagules of native trees in numbers large enough for landscape-scale restoration. (3) Preparation of planting sites in former habitats of the native tree species that are the subjects of the application. (4) Planting of native tree seedlings. (5) Post-planting maintenance of native trees. (d) Selection criteria The Secretary shall select an eligible entity to receive a grant under this section based on the degree to which the application submitted by the eligible entity under subsection (c) addresses the following criteria: (1) The risk posed to the forests of the State in which the work is to be conducted using funding received through the grant by nonnative plant pest or noxious weed species present in the State. (2) The proportion of the forest land of the State composed of species vulnerable to nonnative plant pests or noxious weeds present in the United States. (3) The rate of spread in the State, through natural or human-assisted means, of nonnative plant pests or noxious weeds. (4) The environmental and public health safety of the project proposed to be conducted using funding received through the grant, as demonstrated by supporting research. (e) Matching requirement (1) In general An eligible entity receiving a grant under this section shall provide matching funds from non-Federal sources in an amount equal to not less than 10 percent of the grant. (2) Indirect costs (A) In general Indirect costs charged against a grant awarded under this section shall not exceed 30 percent of the total Federal funds provided under the grant award. (B) Inclusions Indirect costs described in subparagraph (A) shall include— (i) equipment used in relation to the grant; (ii) capital improvements of facilities that are necessary to carry out the grant; (iii) accounting costs, personnel costs, and administrative costs incurred by an eligible entity necessary to carry out the grant; and (iv) such other costs as the Secretary determines to be appropriate. (f) Funding (1) In general Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $25,000,000 for each of fiscal years 2023 through 2026. (2) Limitation Of the funds made available under paragraph (1) for a fiscal year, not more than 5 percent may be used by the Secretary for expenses relating to the administration of this section. . 5. Study on protection of forests from nonnative plant pests and pathogens (a) Findings Congress finds that— (1) many Federal agencies have important roles to play in addressing nonnative plant pests and pathogens in the stewardship and management of forests by those Federal agencies; (2) because of a lack of national policy, nonnative plant pests and pathogens of forests are a low priority for all Federal agencies; and (3) efforts to prevent the introduction and spread of nonnative plant pests and pathogens, and especially to reduce the resulting damage and restore tree species to forests, lack coordination and action. (b) Study (1) In general The Secretary of Agriculture (referred to in this section as the Secretary Agreement (2) Recommendations The report submitted pursuant to paragraph (1) shall include recommendations— (A) with respect to— (i) establishing a national policy to effectively counter the threat posed by nonnative pests and disease pathogens to tree species, including preventing the introduction and spread of those pests and pathogens, minimizing the damage caused by those pests and pathogens, and restoring affected tree species to the forest; (ii) improving coordination and cooperation among Federal agencies with responsibility for management and repair of the decimation of tree species affected by nonnative pests and disease pathogens and associated ecological destruction; (iii) addressing the low prioritization by the Federal agencies described in clause (ii) of nonnative plant pests and pathogens affecting forests and trees; (iv) (I) identifying expertise and site and facility resources within the Federal agencies described in clause (ii); and (II) improving coordination among those agencies with respect to the management and repair described in clause (ii), including coordination with academic institutions and other appropriate nonprofit organizations; (v) the establishment of a center for nonnative forest pest control, prevention, and species restoration within the Department of Agriculture, including potential organizational structures of such a center, with an emphasis on including representation of a wide variety of appropriate agencies within the center, including the Animal and Plant Health Inspection Service, the Agriculture Research Service, the National Institute of Food and Agriculture, the Natural Resources Conservation Service, the Forest Service, and any other agency that the Secretary determines is appropriate; and (vi) (I) giving priority to the emergency response of the Department of Agriculture to an emergency relating to nonnative pests and disease pathogens; (II) clarifying the coordination of the Department of Agriculture with other Federal agencies in responding to those emergencies; and (III) identifying funding levels sufficient to carry out responses to those emergencies; and (B) that— (i) take into account existing Federal resources; and (ii) may be implemented through further legislative and administrative action. (3) Consultation The Agreement shall require the National Academy of Sciences or other entity, as applicable, to consult with specialists in entomology, genetics, forest pathology, tree breeding, forest and urban ecology, and invasive species management.

Invasive Species Prevention and Forest Restoration Act

No Child Left Inside Act of 2023 This bill provides support for environmental literacy and environmental education programs in elementary and secondary schools, including by directing the Department of Education to award grants to (1) states for implementing state environmental literacy plans, and (2) local educational agencies and their partners for establishing or expanding outdoor school education programs.

118 S1239 IS: No Child Left Inside Act of 2023 U.S. Senate 2023-04-20 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. 1239 IN THE SENATE OF THE UNITED STATES April 20, 2023 Mr. Reed Ms. Collins Mr. Merkley Committee on Health, Education, Labor, and Pensions A BILL To promote environmental literacy. 1. Short title This Act may be cited as the No Child Left Inside Act of 2023 2. Findings Congress finds the following: (1) Hands-on experiences in nature help build stronger, smarter, and happier children. (2) Children and young adults are increasingly disconnected from the natural world around them, spending less time outside playing, exploring, and learning. (3) Quality education for students includes regular opportunities to make connections outside of the classroom. (4) Environmental education, when integrated across the curriculum, has positive impacts on the development of important skills, such as critical thinking, problem solving, and citizenship and leadership skills. (5) Every student should have the opportunity to participate in residential outdoor education programs or comparable outdoor education programs. (6) Outdoor and environmental education programs have been shown to build critical thinking skills and leadership skills, and can improve student attendance and retention rates. (7) Colleges, universities, and higher education associations play a critical role in cultivating the next generation of scientists, engineers, educators, planners, and business leaders for 21st century careers in the public and private sectors. (8) Environmental education, as part of the formal prekindergarten through grade 12 school curriculum, has positive impacts on student achievement in all subjects, and especially in science, reading, mathematics, and social studies, and improves critical thinking skills, enthusiasm for learning, stewardship, and healthy lifestyles. (9) The Partnership for 21st Century Learning identified environmental literacy as one of the key interdisciplinary themes critical to helping students to acquire the skills, knowledge, and expertise necessary to succeed in work and life. (10) The Programme for International Student Assessment (PISA) rankings find that the United States is falling behind other nations in preparing students with the educational tools necessary to compete for the growing opportunities in the sciences, including careers related to the environment, natural resources, and energy. (11) Forty-six States have developed, or are in the process of developing, environmental literacy plans to effectively integrate environmental education into the prekindergarten through grade 12 curriculum and to ensure that students graduate from high school environmentally literate. (12) Support from the Department of Education is needed to help State and local educational agencies, and the partners of such agencies, implement environmental literacy plans and advance State curriculum frameworks for environmental and natural resource education that meets new State academic content and student achievement standards. (13) Federal science agencies, natural resource agencies, and other agencies have important resources, including Federal lands and laboratories, content experts, data, and programs, that can inform and support State and local environmental literacy policies and programming. 3. Environmental literacy Title IV ( 20 U.S.C. 7101 et seq. G Environmental literacy 4701. Definitions In this part: (1) Eligible partnership The term eligible partnership (A) A Federal, State, regional, or local environmental or natural resource management agency, or parks and recreation department, that has demonstrated effectiveness, expertise, and experience in the field of environmental literacy, including the professional development of teachers. (B) A nonprofit organization that has demonstrated effectiveness, expertise, and experience in the field of environmental literacy, including the professional development of teachers, such as— (i) museums, as defined in section 273 of the Museum and Library Services Act ( 20 U.S.C. 9172 (ii) a teacher preparation program at an institution of higher education; (iii) the environmental or life sciences department of an institution of higher education; (iv) another local educational agency, a public charter school, a public elementary school or secondary school, or a consortium of such schools; (v) nature centers; or (vi) organizations with environmental education programming. (2) Environmental literacy The term environmental literacy (A) a fundamental understanding of ecological principles, the systems of the natural world, the relationships and interactions between natural and man-made environments, and the skills to apply such understanding in real-world settings; and (B) having the ability, both individually and together with others, to make informed decisions concerning the environment, having the will to act on those decisions to improve the well-being of other individuals, societies, and the global environment, and participating in civic life. (3) Environmental literacy plan The term environmental literacy plan (A) prepares students to understand ecological principles, the systems of the natural world, and the relationships and interactions between natural and man-made environments, and to apply such knowledge in real-world settings; (B) provides field and hands-on experiences as part of the regular school curriculum and creates programs that contribute to healthy lifestyles through outdoor recreation and sound nutrition; (C) provides environmental service learning opportunities; (D) provides targeted professional development opportunities for teachers that improve— (i) environmental and natural resource content knowledge of teachers; (ii) pedagogical skills in teaching about the environment, including the use of— (I) interdisciplinary, field-based, and research-based learning; and (II) science, technology, engineering, and mathematics content knowledge and tools; and (iii) the ability and confidence to use school buildings and grounds as a context for learning; (E) describes the measures the State will use to assess the environmental literacy of students, including— (i) relevant State academic content standards and content areas regarding environmental education, and courses or subjects where environmental education instruction will be integrated throughout the prekindergarten through grade 12 curriculum; and (ii) a description of the relationship of the plan to the secondary school graduation requirements of the State; (F) describes the outdoor learning spaces the State makes available to local educational agencies; (G) describes how the State educational agency will implement the plan, in partnership with nongovernmental organizations, Federal agencies, State environmental agencies, State environmental education associations, State natural resource agencies, and local educational agencies, including how the State educational agency will secure funding and other necessary support; (H) is periodically updated by the State educational agency not less often than every 5 years; (I) utilizes school buildings and grounds as a context for learning; (J) describes teacher professional development needs; and (K) develops and describes a plan to adopt best management practices for early childhood environmental education, including guidelines for time outdoors, outdoor space design, and learning context. (4) High-need local educational agency The term high-need local educational agency (A) with respect to which not less than 20 percent of the children served by the agency are children from low-income families; (B) that serves not fewer than 10,000 children from low-income families; (C) that meets the eligibility requirements for funding under section 5211(b); or (D) that meets the eligibility requirements for funding under section 5221(b). (5) High-need school The term high-need school (6) Outdoor school education program The term outdoor school education program (A) addresses community needs and contexts; (B) takes place in a residential or day program setting; (C) provides field study opportunities for students; (D) is integrated with local school curricula and support students in meeting State standards; and (E) provides students with opportunities to develop leadership, critical thinking, and problem-solving skills. 4702. Grants for implementation of environmental literacy plans (a) Program authorized From amounts appropriated to carry out this section, the Secretary shall award grants to States to enable the States to award subgrants, on a competitive basis, to eligible partnerships to support the implementation of the State environmental literacy plan. (b) Application (1) In general A State that desires a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Contents Each application under this subsection shall— (A) include the State’s environmental literacy plan and information on the status of implementation of such plan; (B) describe how funds received under this section will assist the State in furthering the implementation of the State’s environmental literacy plan; (C) describe the process the State will use to make subgrants to eligible partnerships; and (D) describe the process the State will use to evaluate the impact of the activities assisted under this section. (c) Peer review The Secretary shall— (1) establish a peer review process to assist in the review of grant applications under this section; (2) appoint individuals to the peer review process who— (A) are representative of parents, teachers, State educational agencies, State environmental agencies, State natural resource agencies, local educational agencies, and nongovernmental organizations; and (B) are familiar with national environmental issues and the health and educational needs of students; and (3) include, in the peer review process, appropriate representatives from the Department of Commerce, the Department of the Interior, the Department of Energy, the Environmental Protection Agency, and other appropriate Federal agencies, to provide environmental expertise and background for evaluation of the State environmental literacy plan. (d) Administrative expenses A State receiving a grant under this section may use not more than 2.5 percent of the grant funds for administrative expenses. (e) State educational agency report (1) In general Each State receiving a grant under this section shall prepare and submit an annual report to the Secretary containing information about— (A) the implementation of the environmental literacy plan; and (B) the grant activities supported under this section. (2) Report requirements The report required by this section shall be— (A) in the form specified by the Secretary; (B) based on the State’s ongoing evaluation activities; and (C) made readily available to the public. (f) Subgrants authorized (1) Subgrants to eligible partnerships From amounts made available to a State educational agency under subsection (a), the State educational agency shall award subgrants, on a competitive basis, to eligible partnerships serving the State, to enable the eligible partnerships to carry out the authorized activities described in subsection (h). (2) Duration The State educational agency shall award each subgrant under this section for a period of not more than 3 years. (3) Priority In making subgrants under this section, a State shall give priority to eligible partnerships that include a high-need local educational agency. (4) Supplement, not supplant Funds provided to an eligible partnership under this section shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this section. (g) Application requirements (1) In general Each eligible partnership desiring a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and accompanied by such information as the State educational agency may require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of teacher professional development needs with respect to the teaching and learning of environmental content; (B) a description of how the eligible partnership will utilize school facilities and grounds as tools for teaching and learning of environmental content; (C) an explanation of how the activities to be carried out by the eligible partnership are expected to improve student academic achievement and strengthen the quality of environmental instruction; (D) a description of how the activities to be carried out by the eligible partnership— (i) will be aligned with challenging State academic content standards and student academic achievement standards under section 1111(b)(1) in environmental education, to the extent such standards exist, and with the State’s environmental literacy plan; and (ii) will advance the teaching of interdisciplinary courses that integrate the study of natural, social, and economic systems, and that include strong field components in which students have the opportunity to directly experience nature through outdoor environmental learning; (E) a description of how the activities to be carried out by the eligible partnership will ensure that teachers are trained in the use of field-based or service learning to enable the teachers— (i) to use the local environment and community as a resource; and (ii) to improve student understanding of the environment and increase academic achievement; (F) a description of— (i) how the eligible partnership will carry out the authorized activities described in subsection (h); and (ii) the eligible partnership’s evaluation and accountability plan described in subsection (i); and (G) a description of how the eligible partnership will continue the activities funded under this section after the grant period has expired. (h) Authorized activities An eligible partnership shall use the subgrant funds provided under this section for 1 or more of the following activities related to elementary schools or secondary schools: (1) Providing targeted, job-embedded professional development opportunities for teachers that improve the teachers’ environmental content knowledge and pedagogical skills in teaching about the environment, including in the use of— (A) interdisciplinary, research-based, and field-based learning; and (B) technology in the classroom. (2) Establishing and operating environmental education summer workshops or institutes, including follow-up professional development for elementary and secondary school teachers, and preschool teachers, as appropriate, to improve pedagogical skills and content knowledge for the teaching of environmental education. (3) Developing or redesigning more rigorous environmental education curricula that— (A) are aligned with challenging State academic content standards in environmental education, to the extent such standards exist, and with the State environmental literacy plan; and (B) advance the teaching of interdisciplinary courses that integrate the study of natural, social, and economic systems and that include strong field components. (4) Designing programs to prepare teachers at a school to provide mentoring and professional development to other teachers at such school to improve teacher environmental education content knowledge and pedagogical skills. (5) Establishing and operating programs to bring teachers and students into contact with working professionals in environmental fields to deepen such teachers’ knowledge of environmental content and research practices. (6) Creating initiatives that seek to incorporate environmental education within teacher training programs or accreditation standards, consistent with the State environmental literacy plan. (7) Promoting the integration of outdoor environmental education lessons into the regular school curriculum and schedule in order to further the knowledge and professional development of teachers and help students directly experience nature. (8) Creating or improving outdoor learning spaces on school grounds. (i) Evaluation and accountability plan (1) In general Each eligible partnership receiving a subgrant under this section shall develop an evaluation and accountability plan for activities assisted under this section that includes rigorous objectives that measure the impact of such activities. (2) Contents The plan developed under paragraph (1) shall include measurable objectives to increase the number of teachers who participate in environmental education content-based professional development activities. (j) Report by eligible partnerships Each eligible partnership receiving a subgrant under this section shall report annually, for each year of the subgrant, to the State educational agency regarding the eligible partnership’s progress in meeting the objectives described in the accountability plan of the eligible partnership under subsection (i). (k) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2024 and each of the 4 succeeding fiscal years. 4703. Outdoor school education pilot program (a) Grants authorized From funds appropriated to carry out this section, the Secretary shall make grants to eligible partnerships to establish or expand outdoor school education programs. (b) Application (1) In general An eligible partnership that desires a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Contents Each application under this subsection shall describe the outdoor school education program to be carried out and how such program will— (A) improve student academic achievement as defined in the State plan under section 1111(c); (B) promote the development of leadership skills; (C) increase student engagement in education; (D) improve critical thinking skills; (E) provide opportunities for civic engagement and service learning; (F) address inequities of outdoor educational opportunities for underserved children in the State; and (G) improve student access to, and success in, well-rounded educational experiences. (c) Priority The Secretary shall give priority to applicants that propose to serve high-need schools. (d) Geographic diversity In making awards under this section, the Secretary shall ensure that grants are awarded to eligible partnerships serving urban, rural, and suburban local educational agencies. (e) Required uses of funds Eligible partnerships awarded grants under this section shall use such funds for outdoor school education programs that— (1) provide a residential, hands-on educational experience, or an equivalent combination of classroom-based and outdoor educational experience, that reflects local community needs and contexts, featuring field study opportunities for students, which may include learning about— (A) soil, water, plants, and animals; (B) the role of natural resources industries, including timber, agriculture, fisheries, and others, in the economy of the State; (C) the interrelationship of nature, natural resources, economic development, and career opportunities in the State; and (D) the importance of the State’s environmental and natural resources; (2) are integrated with local school curricula in a manner that assists students in meeting State standards related to science, technology, engineering, and mathematics, and international standards related to science; (3) provide students with opportunities to develop leadership, critical thinking, and decisionmaking skills; (4) provide students with opportunities to learn about the interdependence of urban and rural areas; and (5) provide professional development for educators to effectively implement outdoor school education programs. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2024 and each of the 4 succeeding fiscal years. 4704. Report to Congress Not later than 2 years after the date of enactment of the No Child Left Inside Act of 2023 (1) describes the programs assisted under this part; (2) documents the success of such programs in improving national and State environmental education capacity; and (3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this part. . 4. Conforming amendment The table of contents in section 2 is amended by inserting after the item relating to section 4644 the following: PART G—Environmental literacy Sec. 4701. Definitions. Sec. 4702. Grants for implementation of environmental literacy plans. Sec. 4703. Outdoor school education pilot program. Sec. 4704. Report to Congress. . 5. Availability of other environmental literacy information (a) Other Federal agency environmental literacy assistance programs The Secretary of Education shall request that all Federal agencies provide information on any environmental literacy assistance program operated, sponsored, or supported by such Federal agency, including information about the application procedures, financial terms and conditions, and other relevant information for each program, and each Federal agency shall promptly respond to surveys or other requests from the Secretary of Education for the information described in this subsection. (b) Public information The Secretary of Education shall ensure that not later than 90 days after the Secretary of Education receives the information required under subsection (a), the eligibility requirements, application procedures, financial terms and conditions, and other relevant information for each environmental literacy assistance program offered by another Federal agency are searchable and accessible through the Department of Education’s website and cross-referenced with the United States Green Ribbon School application information, in a manner that is simple and understandable for local educational agencies and communities. 6. Federal interagency coordination on environmental literacy (a) In general The Secretary of Education shall coordinate environmental literacy activities between the Department of Education, the Department of Agriculture, the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Department of Commerce, the Department of Health and Human Services, the National Science Foundation, the Institute of Museum and Library Services, and the National Aeronautics and Space Administration, including by carrying out the activities described in subsection (b). (b) Coordination activities In coordinating environmental literacy activities, the Secretary of Education shall— (1) assess Federal environmental education programs, goals, and budget items across agencies; (2) assess environment-based science, technology, engineering, and mathematics achievement to demonstrate that learning about and in the environment is an effective strategy for increasing engagement in learning and academic achievement in science, technology, engineering, and mathematics subject areas; and (3) produce adaptable environmental literacy plan guidelines and identify coordinated resources across Federal agencies that States and local educational agencies can follow as States and local educational agencies work to develop environmental literacy plans and programs of their own. (c) Advisory panel The Secretary of Education shall appoint an advisory panel of stakeholders, including representatives from State educational agencies, local educational agencies, businesses, and nonprofit organizations that are engaged in local environmental literacy efforts representing the geographic, economic, and cultural diversity of the United States, who shall meet quarterly to advise and support interagency planning and assessment regarding environmental literacy activities. (d) Report to Congress Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Education, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce shall prepare and submit a joint report to Congress containing information about the coordination of environmental literacy activities between Federal agencies.

No Child Left Inside Act of 2023

Millennium Challenge Corporation Candidate Country Reform Act This bill modifies the per capita income requirements for countries to be considered candidates for assistance from the Millennium Challenge Corporation (MCC). The MCC program provides assistance to eligible developing countries through a competitive selection process based on various factors, including a country's per capita income, level of economic freedom, and effectiveness of government. Currently, to be a candidate to receive MCC assistance, the country must have a per capita income not greater than the lower-middle-income country threshold established by the International Bank for Reconstruction and Development (IBRD). Under the bill, a candidate country must instead have a per capita income equal to or less than the World Bank's threshold for initiating the IRDB graduation process. (This graduation process begins when IRDB determines that a country is able to sustain long-term development without further IRDB financing. For 2024, the threshold for initiating discussions about a country's graduation begins when a country exceeds $7,805 in per capita income.)

118 S1240 IS: Millennium Challenge Corporation Candidate Country Reform Act U.S. Senate 2023-04-20 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. 1240 IN THE SENATE OF THE UNITED STATES April 20, 2023 Mr. Risch Mr. Menendez Committee on Foreign Relations A BILL To modify the requirements for candidate countries under the Millennium Challenge Act of 2003, and for other purposes. 1. Short title This Act may be cited as the Millennium Challenge Corporation Candidate Country Reform Act 2. Modifications of requirements to become a candidate country Section 606 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7705 606. Candidate countries (a) In general A country shall be a candidate country for purposes of eligibility to receive assistance under section 605 if— (1) the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and (2) subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (b) Rule of construction For the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 605, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a). (c) Determination by the Board The Board shall determine whether a country is a candidate country for purposes of this section. . 3. Conforming amendments (a) Amendment To report identifying candidate countries Section 608(a)(1) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7707(a)(1) section 606(a)(1)(B) section 606(a)(2) (b) Amendment to Millennium Challenge Compact authority Section 609(b)(2) of such Act ( 22 U.S.C. 7708(b)(2) (1) by amending the paragraph heading to read as follows: Country contributions (2) by striking with respect to a lower middle income country described in section 606(b), (c) Amendment to authorization To provide assistance for candidate countries Section 616(b)(1) of such Act ( 22 U.S.C. 7715(b)(1) subsection (a) or (b) of section 606 section 606(a) 4. Modification to factors in determining eligibility Section 607(c)(2) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7706(c)(2) consider prioritize need and impact by considering

Millennium Challenge Corporation Candidate Country Reform Act

Taiwan Cybersecurity Resiliency Act of 2023 This bill requires the Department of Defense to seek to expand military cybersecurity cooperation with the government of Taiwan. Such cooperation may include (1) efforts to protect military networks, infrastructure, and installations; and (2) cybersecurity training activities and exercises.

118 S1241 IS: Taiwan Cybersecurity Resiliency Act of 2023 U.S. Senate 2023-04-20 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. 1241 IN THE SENATE OF THE UNITED STATES April 20, 2023 Ms. Rosen Mr. Rounds Committee on Foreign Relations A BILL To enhance and expand cooperation between the Department of Defense and the Government of Taiwan. 1. Short title This Act may be cited as the Taiwan Cybersecurity Resiliency Act of 2023 2. Military cybersecurity cooperation with Taiwan (a) Requirement Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Policy, in concurrence with the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to engage the Government of Taiwan for the purpose of expanding cooperation on military cybersecurity activities. (b) Cooperation efforts In expanding the cooperation of military cybersecurity activities between the Department of Defense and the Government of Taiwan under subsection (a), the Secretary of Defense may carry out efforts— (1) to actively defend military networks, infrastructure, and systems; (2) to eradicate malicious cyber activity that has compromised such networks, infrastructure, and systems; (3) to leverage United States commercial and military cybersecurity technology and services to harden and defend such networks, infrastructure, and systems; and (4) to conduct combined cybersecurity training activities and exercises. (c) Briefings (1) Requirement Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing on the implementation of this section. (2) Contents The briefing under paragraph (1) shall include the following: (A) A description of the feasibility and advisability of expanding the cooperation on military cybersecurity activities between the Department of Defense and the Government of Taiwan. (B) An identification of any challenges and resources that need to be addressed so as to expand such cooperation. (C) An overview of efforts undertaken pursuant to this section. (D) Any other matter the Secretary considers relevant. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

Taiwan Cybersecurity Resiliency Act of 2023

No EV Credits for Idle Allies Act This bill excludes critical materials for vehicle batteries that were extracted or processed in Germany or France from any determination of the eligible amount of the new clean vehicle tax credit unless the Department of State certifies that either country has, since February 24, 2022, directly provided a cumulative amount of aid to Ukraine that is not less than the direct commitment of aid provided by the United States. The State Department must annually review its certification of the amount of aid provided to Ukraine by Germany or France and require such countries to attain a certain level of defense spending for the duration of the war in Ukraine.

118 S1242 IS: No EV Credits for Idle Allies Act U.S. Senate 2023-04-20 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. 1242 IN THE SENATE OF THE UNITED STATES April 20, 2023 Mr. Cotton Mr. Rubio Mr. Vance Mr. Hagerty Committee on Finance A BILL To exclude critical minerals that were extracted or processed in certain countries that are providing insufficient levels of assistance to Ukraine from being included for purposes of determining the amount of the clean vehicle tax credit. 1. Short title This Act may be cited as the No EV Credits for Idle Allies Act 2. Sense of Congress It is the sense of Congress that the United States does not have any free trade agreement in effect with the European Union or any member country of the European Union. 3. Exclusion of critical minerals extracted or processed in certain countries (a) Exclusion For purposes of determining the credit under section 30D (b) Recertification requirement (1) In general If the Secretary of State certifies that Germany or France satisfies the requirements under subsection (a), a review of such certification shall be made not less than annually thereafter for purposes of determining the inclusion or exclusion of applicable critical minerals extracted or processed in France or Germany in the credit calculation described in such subsection. (2) Failure to recertify With respect to the review described in paragraph (1), if the Secretary of State determines that France or Germany has failed to satisfy the requirements under subsection (a), the exclusion described in such subsection with respect to applicable critical minerals which were extracted or processed in such country shall apply for the 12-month period subsequent to such determination, at which time the Secretary of State shall reassess the levels of aid described in such subsection that have been provided. (c) Failure To attain certification for duration of war in Ukraine If the Secretary of State cannot make the certification described under subsection (a) with respect to France or Germany for the duration of the Russian war in Ukraine (as determined by the Secretary pursuant to subsection (d)), the exclusion described in subsection (a) with respect to applicable critical minerals which were extracted or processed in such country shall apply until such time as the government of that country— (1) spends not less than 2 percent of its GDP on defense spending; and (2) with respect to the 2 most recently completed calendar years, has maintained that level of funding. (d) Determination For purposes of subsection (c), the Secretary of State shall, upon determining that the Russian war in Ukraine has concluded, submit a notification to that effect to Congress. (e) Definitions In this section— (1) Aid to Ukraine The term aid to Ukraine (2) Applicable critical minerals The term applicable critical minerals section 45Z(c)(6) (3) Directly provided The term directly provided (f) Effective date This section shall apply to vehicles placed in service after the date of enactment of this Act.

No EV Credits for Idle Allies Act

Small Business Investment Act of 2023 This bill increases the exclusion of gain from the disposition of qualified small business stock held for five years or more. The increase also applies to convertible debt instruments (debt instruments that can be converted into stock). The bill also eliminates the requirement that qualified small business stock be issued solely by a C corporation.

118 S1243 IS: Small Business Investment Act of 2023 U.S. Senate 2023-04-20 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. 1243 IN THE SENATE OF THE UNITED STATES April 20, 2023 Mr. Cornyn Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the exclusion for gain from qualified small business stock. 1. Short title This Act may be cited as the Small Business Investment Act of 2023 2. Phased increase in exclusion for gain from qualified small business stock (a) In general Section 1202(a)(1) (1) by striking 50 percent the applicable percentage (2) by striking held for more than 5 years held for at least 3 years (b) Applicable percentage Section 1202(a) of such Code is amended by adding at the end the following new paragraph: (5) Applicable percentage Except as provided in paragraphs (3) and (4), the applicable percentage under paragraph (1) shall be determined under the following table: Years stock held: Applicable percentage: 3 years 50% 4 years 75% 5 years or more 100% . (c) Continued treatment as not item of tax preference (1) In general Section 57(a)(7) of such Code is amended by striking An amount In the case of stock acquired on or before the date of the enactment of the Creating Small Business Jobs Act of 2010, an amount (2) Conforming amendment Section 1202(a)(4) of such Code is amended— (A) by striking , and (B) by striking subparagraph (C). (d) Other conforming amendments (1) Section 1202(a)(4) of such Code is amended by inserting and before the date of the enactment of the Small Business Investment Act of 2023 Act of 2010 (2) Paragraphs (3) and (4) of section 1202(a) of such Code are each amended by inserting held for more than 5 years and In the case of qualified small business stock (3) Section 1202(a)(3)(A) of such Code is amended to read as follows: (A) the applicable percentage under paragraph (1) shall be 75 percent, and . (4) Section 1202(a)(4)(A) of such Code is amended to read as follows: (A) the applicable percentage under paragraph (1) shall be 100 percent, and . (5) Section 1202(b)(2) of such Code is amended by striking more than 5 years at least 3 years (6) Section 1202(g)(2)(A) of such Code is amended by striking more than 5 years at least 3 years (7) Section 1202(j)(1)(A) of such Code is amended by striking more than 5 years at least 3 years (e) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to stock acquired after the date of the enactment of this Act. (2) Continued treatment as not item of tax preference The amendment made by subsection (c) shall take effect as if included in the enactment of section 2011 of the Creating Small Business Jobs Act of 2010. 3. Tacking holding period of convertible debt instruments (a) In general Section 1202(f) (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B) and moving such subparagraphs (as so redesignated) 2 ems to the right, (2) by striking conversion of other stock conversion.— (1) Other stock If any stock , and (3) by adding at the end the following new paragraph: (2) Convertible debt instruments (A) In general If any stock in a corporation is acquired by the taxpayer, without recognition of gain, solely through the conversion of a qualified convertible debt instrument— (i) the stock so acquired shall be treated as qualified small business stock in the hands of the taxpayer, and (ii) the stock so acquired shall be treated as having been held during the period during which the qualified convertible debt instrument was held. (B) Qualified convertible debt instrument For purposes of this paragraph, the term qualified convertible debt instrument (i) which is originally issued by the corporation to the taxpayer, (ii) the issuer of which— (I) from issuance until conversion, is a qualified small business, and (II) during substantially all of the taxpayer’s holding period of such bond or evidence of indebtedness, the corporation meets the active business requirements of subsection (e), and (iii) which is convertible into stock in the corporation. . (b) Effective date The amendments made by this section shall apply to debt instruments originally issued after the date of the enactment of this Act. 4. Gain exclusion allowed with respect to qualified small business stock in corporation (a) In general Section 1202(c) (1) by striking C corporation corporation (2) by striking and such corporation is a C corporation (b) Qualified small business definition Section 1202(d)(1) of such Code is amended by striking which is a C corporation (c) Clarification of aggregation rules applicable to S Section 1202(d)(3) of such Code is amended by adding at the end the following new subparagraph: (C) Clarification with respect to s corporations Any determination of the members of a controlled group of corporations under this paragraph shall include taking into account any stock ownership in an S corporation. . (d) Treatment of passive losses Section 469(g)(1) of such Code is amended by adding at the end the following new subparagraph: (D) Certain dispositions of small business stock In the case of a disposition any gain from which is excluded from gross income under section 1202, subparagraph (A) shall not apply. . (e) Special rules relating to S Section 1202(e) of such Code is amended by adding at the end the following new paragraph: (9) Applied at s corporation level In the case of an S corporation, the requirements of this subsection shall be applied at the corporate level. . (f) Effective date The amendments made by this section shall apply to stock acquired after the date of the enactment of this Act.

Small Business Investment Act of 2023

Safer Detention Act of 2023 This bill expands statutory authority for federal prisoners to be released before completing their sentences or to be placed in the community to serve the final portion of their sentences. First, the bill makes changes to the early release pilot program. The early release pilot program authorizes the Bureau of Prisons to release early and place on home confinement elderly offenders and terminally ill offenders who meet eligibility criteria. This bill expands eligibility to offenders serving time for an offense under the laws of the District of Columbia, expands eligibility to offenders who have served at least one-half (currently, two-thirds) of their prison term, reduces the amount of time an offender must serve by the good time credits earned by the offender, and creates a judicial review process for prisoners. Second, the bill expands eligibility for the compassionate release process to prisoners sentenced before November 1, 1987. The compassionate release process authorizes federal courts to reduce a prisoner's sentence and impose a term of probation or supervised released in certain circumstances.

118 S1248 IS: Safer Detention Act of 2023 U.S. Senate 2023-04-20 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. 1248 IN THE SENATE OF THE UNITED STATES April 20, 2023 Mr. Durbin Mr. Grassley Mr. Whitehouse Mr. Cramer Mr. Booker Mr. Wicker Mr. Brown Mr. Coons Committee on the Judiciary A BILL To expand eligibility for and provide judicial review for the Elderly Home Detention Pilot Program, and make other technical corrections. 1. Short title This Act may be cited as the Safer Detention Act of 2023 2. Home detention for certain elderly nonviolent offenders Section 231(g) of the Second Chance Act of 2007 ( 34 U.S.C. 60541(g) (1) in paragraph (1), by adding at the end the following: (D) Judicial review (i) In general Upon motion of a defendant, on or after the date described in clause (ii), a court may reduce an imposed term of imprisonment of the defendant and substitute a term of supervised release with the condition of home detention for the unserved portion of the original term of imprisonment, after considering the factors set forth in section 3553(a) of title 18, United States Code, if the court finds the defendant is an eligible elderly offender or eligible terminally ill offender. (ii) Date described The date described in this clause is the earlier of— (I) the date on which the defendant fully exhausts all administrative rights to appeal a failure of the Bureau of Prisons to place the defendant on home detention; or (II) the expiration of the 30-day period beginning on the date on which the defendant submits to the warden of the facility in which the defendant is imprisoned a request for placement of the defendant on home detention, regardless of the status of the request. ; and (2) in paragraph (5)— (A) in subparagraph (A)(ii)— (i) by inserting , including offenses under the laws of the District of Columbia, offense or offenses (ii) by striking 2/3 of the term of imprisonment to which the offender was sentenced 1/2 of the term of imprisonment reduced by any credit toward the service of the offender’s sentence awarded under section 3624(b) of title 18, United States Code (B) in subparagraph (D)(i), by inserting , including offenses under the laws of the District of Columbia, offense or offenses 3. Compassionate release technical correction Section 3582 of title 18, United States Code, is amended— (1) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by inserting after case , including, notwithstanding any other provision of law, any case involving an offense committed before November 1, 1987 (B) in subparagraph (A)— (i) by inserting , on or after the date described in subsection (d) upon motion of a defendant (ii) by striking after the defendant has fully exhausted all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant’s facility, whichever is earlier, (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following: (d) Date described For purposes of subsection (c)(1)(A), the date described in this subsection is the earlier of— (1) the date on which the defendant fully exhausts all administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on the defendant’s behalf; or (2) the expiration of the 30-day period beginning on the date on which the defendant submits a request for a reduction in sentence to the warden of the facility in which the defendant is imprisoned, regardless of the status of the request. .

Safer Detention Act of 2023

China Trade Relations Act of 2023 This bill withdraws normal trade relations treatment from China and expands the bases of ineligibility for this treatment to include specified violations of human rights by China. Specifically, during any period in which China engages in specified activities (e.g., using slave labor, performing forced abortion or sterilization, or hindering the free exercise of religion) (1) products from China shall not be eligible to receive nondiscriminatory treatment (normal trade relations), (2) China may not participate in any U.S. program that extends credits or credit guarantees or investment guarantees, and (3) the President may not conclude any commercial agreement with China.

106 S125 IS: China Trade Relations 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. 125 IN THE SENATE OF THE UNITED STATES January 26, 2023 Mr. Cotton Mr. Scott of Florida Mr. Budd Mr. Vance Committee on Finance A BILL To withdraw normal trade relations treatment from, and apply certain provisions of title IV of the Trade Act of 1974 to, products of the People’s Republic of China, and to expand the eligibility requirements for products of the People's Republic of China to receive normal trade relations treatment in the future, and for other purposes. 1. Short title This Act may be cited as the China Trade Relations Act of 2023 2. Withdrawal of normal trade relations treatment from the People’s Republic of China Notwithstanding the provisions of title I of Public Law 106–286 (1) normal trade relations treatment shall not apply pursuant to section 101 of that Act to the products of the People’s Republic of China; (2) normal trade relations treatment may thereafter be extended to the products of the People's Republic of China only in accordance with the provisions of chapter 1 of title IV of the Trade Act of 1974 19 U.S.C. 2431 et seq. (3) the extension of waiver authority that was in effect with respect to the People’s Republic of China under section 402(d)(1) of the Trade Act of 1974 19 U.S.C. 2432(d)(1) 3. Expansion of bases of ineligibility of People's Republic of China for normal trade relations (a) In general Section 402 of the Trade Act of 1974 ( 19 U.S.C. 2432 (1) in the section heading, by striking Freedom of emigration in East-West trade East-West trade and human rights (2) by adding at the end the following: (f) Additional bases of ineligibility of People's Republic of China for normal trade relations (1) In general Products of the People's Republic of China shall not be eligible to receive nondiscriminatory treatment (normal trade relations), the People's Republic of China shall not participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President shall not conclude any commercial agreement with the People's Republic of China, during the period— (A) beginning with the date on which the President determines that the People's Republic of China— (i) is in violation of paragraph (1), (2), or (3) of subsection (a); (ii) uses or provides for the use of slave labor; (iii) operates vocational training and education centers (iv) performs or otherwise orders forced abortion or sterilization procedures; (v) harvests the organs of prisoners without their consent; (vi) hinders the free exercise of religion; (vii) intimidates or harasses nationals of the People's Republic of China living outside the People's Republic of China; or (viii) engages in systematic economic espionage against the United States, including theft of the intellectual property of United States persons; and (B) ending on the date on which the President determines that the People's Republic of China is no longer in violation of any of clauses (i) through (viii) of subparagraph (A). (2) Report required (A) In general After the date of the enactment of this subsection, products of the People's Republic of China may be eligible to receive nondiscriminatory treatment (normal trade relations), the People's Republic of China may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and the President may conclude a commercial agreement with the People's Republic of China, only after the President has submitted to Congress a report indicating that the People's Republic of China is not in violation of any of clauses (i) through (viii) of paragraph (1)(A). (B) Elements The report required by subparagraph (A) shall include information as to the nature and implementation of laws and policies of the People's Republic of China relating to the matters specified in clauses (i) through (viii) of paragraph (1)(A). (C) Deadlines The report required by subparagraph (A) shall be submitted on or before each June 30 and December 31 of each year for as long as products of the People's Republic of China receive nondiscriminatory treatment (normal trade relations), the People's Republic of China participates in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, or a commercial agreement with the People's Republic of China is in effect. (3) Waiver (A) In general The President is authorized to waive by Executive order the application of paragraphs (1) and (2) for a 12-month period if the President submits to Congress a report that the President— (i) has determined that such waiver will substantially promote the objectives of this subsection; and (ii) has received assurances that the practices of the People's Republic of China relating to the matters specified in clauses (i) through (viii) of paragraph (1)(A) will in the future lead substantially to the achievement of the objectives of this subsection. (B) Termination of waiver A waiver under subparagraph (A) shall terminate on the earlier of— (i) the day after the waiver authority granted by this paragraph ceases to be effective under paragraph (4); or (ii) the effective date of an Executive order providing for termination of the waiver. (4) Extension of waiver authority (A) Recommendations If the President determines that the further extension of the waiver authority granted under paragraph (3) will substantially promote the objectives of this subsection, the President may recommend further extensions of such authority for successive 12-month periods. Any such recommendations shall— (i) be made not later than 30 days before the expiration of such authority; (ii) be made in a document submitted to the House of Representatives and the Senate setting forth the reasons of the President for recommending the extension of such authority; and (iii) include— (I) a determination that continuation of the waiver will substantially promote the objectives of this subsection; and (II) a statement setting forth the reasons of the President for such determination. (B) Continuation in effect of waiver If the President recommends under subparagraph (A) the further extension of the waiver authority granted under paragraph (3), such authority shall continue in effect until the end of the 12-month period following the end of the previous 12-month extension, unless— (i) Congress adopts and transmits to the President a joint resolution of disapproval under paragraph (5) before the end of the 60-day period beginning on the date the waiver authority would expire but for an extension under subparagraph (A); and (ii) if the President vetoes the joint resolution, each House of Congress votes to override the veto on or before the later of— (I) the last day of the 60-day period referred to in clause (i); or (II) the last day of the 15-day period (excluding any day described in section 154(b)) beginning on the date on which Congress receives the veto message from the President. (C) Termination of waiver pursuant to joint resolution of disapproval If a joint resolution of disapproval is enacted into law pursuant to paragraph (5), the waiver authority granted under paragraph (3) shall cease to be effective as of the day after the 60-day period beginning on the date of the enactment of the joint resolution. (5) Joint resolution of disapproval (A) Joint resolution of disapproval defined In this paragraph, the term joint resolution of disapproval That Congress does not approve the extension of the authority contained in paragraph (3) of section 402(f) of the Trade Act of 1974 with respect to the People's Republic of China recommended by the President to Congress under paragraph (4) of that section on ___. (B) Procedures in House and Senate The provisions of subsections (b) through (f) of section 152 shall apply with respect to a joint resolution of approval to the same extent and in the same manner as such provisions apply with respect to a resolution described in subsection (a) of that section, except that subsection (e)(2) of that section shall be applied and administered by substituting Consideration Debate (C) Rules of the house of representatives and senate This paragraph is enacted by Congress— (i) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such other rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. . (b) Clerical amendment The table of contents for the Trade Act of 1974 is amended by striking the item relating to section 402 and inserting the following: Sec. 402. East-West trade and human rights. .

China Trade Relations Act of 2023

First Step Implementation Act of 2023 This bill makes various changes related to federal sentencing law and requires the Department of Justice (DOJ) to establish procedures to ensure the prompt release and accuracy of employment-related background check records. The bill allows certain reduced mandatory minimum sentences for drug offenses to be applied retroactively to offenders who committed their offenses on or before December 21, 2018; permits a court, in certain circumstances, to grant safety valve relief (i.e., impose a sentence without regard to the statutory mandatory minimum penalty for certain drug offenses) for an otherwise eligible defendant who does not meet the requirement pertaining to criminal history; permits a court to reduce a sentence imposed on a defendant convicted as an adult for an offense committed as a juvenile if the defendant has served at least 20 years of the sentence; establishes a process to seal and expunge certain records of juvenile nonviolent offenses; and requires DOJ to establish and enforce procedures to ensure that records exchanged for employment-related background checks are promptly released and accurate.

115 S1251 IS: First Step Implementation Act of 2023 U.S. Senate 2023-04-20 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. 1251 IN THE SENATE OF THE UNITED STATES April 20, 2023 Mr. Durbin Mr. Grassley Mr. Whitehouse Ms. Klobuchar Mr. Booker Mr. Ossoff Ms. Baldwin Mr. Van Hollen Mr. Wicker Ms. Lummis Mr. Brown Committee on the Judiciary A BILL To reform sentencing laws and correctional institutions, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the First Step Implementation 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—Sentencing reform Sec. 101. Application of First Step Act. Sec. 102. Modifying safety valve for drug offenses. TITLE II—Corrections Reform Sec. 201. Parole for juveniles. Sec. 202. Juvenile sealing and expungement. Sec. 203. Ensuring accuracy of Federal criminal records. I Sentencing reform 101. Application of First Step Act (a) Definitions In this section— (1) the term covered offense (A) a violation of a Federal criminal statute, the statutory penalties for which were modified by section 401 or 403 of the First Step Act of 2018 ( Public Law 115–391 (B) a violation of a Federal criminal statute, the statutory penalties for which are modified by subsection (b) of this section; and (2) the term serious violent felony 21 U.S.C. 802 (b) Amendments (1) In general (A) Controlled Substances Act Section 401(b) of the Controlled Substances Act ( 21 U.S.C. 841(b) (i) in paragraph (1)— (I) in subparagraph (C), by striking felony drug offense serious drug felony or serious violent felony (II) in subparagraph (D), by striking felony drug offense serious drug felony or serious violent felony (III) in subparagraph (E)(ii), by striking felony drug offense serious drug felony or serious violent felony (ii) in paragraph (2), by striking felony drug offense serious drug felony or serious violent felony (iii) in paragraph (3), by striking felony drug offense serious drug felony or serious violent felony (B) Controlled Substances Import and Export Act Section 1010(b)(3) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b)(3) felony drug offense serious drug felony or serious violent felony (2) Pending cases This subsection, and the amendments made by this subsection, shall apply to any sentence imposed on or after the date of enactment of this Act, regardless of when the offense was committed. (c) Defendants previously sentenced A court that imposed a sentence for a covered offense may, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court, impose a reduced sentence as if sections 401 and 403 of the First Step Act of 2018 ( Public Law 115–391 Public Law 115–391 (d) Crime victims Any proceeding under this section shall be subject to section 3771 of title 18, United States Code (commonly known as the Crime Victims' Rights Act (e) Requirement For each motion filed under subsection (c), the Government shall conduct a particularized inquiry of the facts and circumstances of the original sentencing of the defendant in order to assess whether a reduction in sentence would be consistent with the First Step Act of 2018 ( Public Law 115–391 102. Modifying safety valve for drug offenses (a) Amendments Section 3553 of title 18, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: (g) Inadequacy of criminal history (1) In general If subsection (f) does not apply to a defendant because the defendant does not meet the requirements described in subsection (f)(1) (relating to criminal history), the court may, upon prior notice to the Government, waive subsection (f)(1) if the court specifies in writing the specific reasons why reliable information indicates that excluding the defendant pursuant to subsection (f)(1) substantially overrepresents the seriousness of the defendant’s criminal history or the likelihood that the defendant will commit other crimes. (2) Prohibition This subsection shall not apply to any defendant who has been convicted of a serious drug felony or a serious violent felony, as those terms are defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 . II Corrections Reform 201. Parole for juveniles (a) In general Chapter 403 section 5032 5032A. Modification of an imposed term of imprisonment for violations of law committed prior to age 18 (a) In general Notwithstanding any other provision of law, a court may reduce a term of imprisonment imposed upon a defendant convicted as an adult for an offense committed and completed before the defendant attained 18 years of age if— (1) the defendant has served not less than 20 years in custody for the offense; and (2) the court finds, after considering the factors set forth in subsection (c), that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification. (b) Supervised release Any defendant whose sentence is reduced pursuant to subsection (a) shall be ordered to serve a period of supervised release of not less than 5 years following release from imprisonment. The conditions of supervised release and any modification or revocation of the term of supervise release shall be in accordance with section 3583. (c) Factors and information To be considered in determining whether To modify a term of imprisonment The court, in determining whether to reduce a term of imprisonment pursuant to subsection (a), shall consider— (1) the factors described in section 3553(a), including the nature of the offense and the history and characteristics of the defendant; (2) the age of the defendant at the time of the offense; (3) a report and recommendation of the Bureau of Prisons, including information on whether the defendant has substantially complied with the rules of each institution in which the defendant has been confined and whether the defendant has completed any educational, vocational, or other prison program, where available; (4) a report and recommendation of the United States attorney for any district in which an offense for which the defendant is imprisoned was prosecuted; (5) whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction; (6) any statement, which may be presented orally or otherwise, by any victim of an offense for which the defendant is imprisoned or by a family member of the victim if the victim is deceased; (7) any report from a physical, mental, or psychiatric examination of the defendant conducted by a licensed health care professional; (8) the family and community circumstances of the defendant at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system; (9) the extent of the role of the defendant in the offense and whether, and to what extent, an adult was involved in the offense; (10) the diminished culpability of juveniles as compared to that of adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing juveniles to the otherwise applicable term of imprisonment; and (11) any other information the court determines relevant to the decision of the court. (d) Limitation on applications pursuant to this section (1) Second application Not earlier than 5 years after the date on which an order entered by a court on an initial application under this section becomes final, a court shall entertain a second application by the same defendant under this section. (2) Final application Not earlier than 5 years after the date on which an order entered by a court on a second application under paragraph (1) becomes final, a court shall entertain a final application by the same defendant under this section. (3) Prohibition A court may not entertain an application filed after an application filed under paragraph (2) by the same defendant. (e) Procedures (1) Notice The Bureau of Prisons shall provide written notice of this section to— (A) any defendant who has served not less than 19 years in prison for an offense committed and completed before the defendant attained 18 years of age for which the defendant was convicted as an adult; and (B) the sentencing court, the United States attorney, and the Federal Public Defender or Executive Director of the Community Defender Organization for the judicial district in which the sentence described in subparagraph (A) was imposed. (2) Crime victims' rights Upon receiving notice under paragraph (1), the United States attorney shall provide any notifications required under section 3771. (3) Application (A) In general An application for a sentence reduction under this section shall be filed as a motion to reduce the sentence of the defendant and may include affidavits or other written material. (B) Requirement A motion to reduce a sentence under this section shall be filed with the sentencing court and a copy shall be served on the United States attorney for the judicial district in which the sentence was imposed. (4) Expanding the record; hearing (A) Expanding the record After the filing of a motion to reduce a sentence under this section, the court may direct the parties to expand the record by submitting additional written materials relating to the motion. (B) Hearing (i) In general The court shall conduct a hearing on the motion, at which the defendant and counsel for the defendant shall be given the opportunity to be heard. (ii) Evidence In a hearing under this section, the court may allow parties to present evidence. (iii) Defendant’s presence At a hearing under this section, the defendant shall be present unless the defendant waives the right to be present. The requirement under this clause may be satisfied by the defendant appearing by video teleconference. (iv) Counsel A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant for proceedings under this section, including any appeal, unless the defendant waives the right to counsel. (v) Findings The court shall state in open court, and file in writing, the reasons for granting or denying a motion under this section. (C) Appeal The Government or the defendant may file a notice of appeal in the district court for review of a final order under this section. The time limit for filing such appeal shall be governed by rule 4(a) of the Federal Rules of Appellate Procedure. (f) Educational and rehabilitative programs A defendant who is convicted and sentenced as an adult for an offense committed and completed before the defendant attained 18 years of age may not be deprived of any educational, training, or rehabilitative program that is otherwise available to the general prison population. . (b) Table of sections The table of sections for chapter 403 section 5032 5032A. Modification of an imposed term of imprisonment for violations of law committed prior to age 18. . (c) Applicability The amendments made by this section shall apply to any conviction entered before, on, or after the date of enactment of this Act. 202. Juvenile sealing and expungement (a) Purpose The purpose of this section is to— (1) protect children and adults against damage stemming from their juvenile acts and subsequent juvenile delinquency records, including law enforcement, arrest, and court records; and (2) prevent the unauthorized use or disclosure of confidential juvenile delinquency records and any potential employment, financial, psychological, or other harm that would result from such unauthorized use or disclosure. (b) Definitions Section 5031 of title 18, United States Code, is amended to read as follows: 5031. Definitions In this chapter— (1) the term adjudication (2) the term conviction (3) the term destroy (4) the term expunge (5) the term expungement hearing (6) the term expungement petition (7) the term high-risk, public trust position (8) the term juvenile (A) except as provided in subparagraph (B), a person who has not attained the age of 18 years; and (B) for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained the age of 21 years; (9) the term juvenile delinquency (10) the term juvenile nonviolent offense (A) in the case of an arrest or an adjudication that is dismissed or finds the juvenile to be not delinquent, an act of juvenile delinquency that is not— (i) a criminal homicide, forcible rape or any other sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911 (ii) a Federal crime of terrorism (as defined in section 2332b(g)); and (B) in the case of an adjudication that finds the juvenile to be delinquent, an act of juvenile delinquency that is not— (i) described in clause (i) or (ii) of subparagraph (A); or (ii) a misdemeanor crime of domestic violence (as defined in section 921(a)(33)); (11) the term juvenile record (A) means a record maintained by a court, the probation system, a law enforcement agency, or any other government agency, of the juvenile delinquency proceedings of a person; (B) includes— (i) a juvenile legal file, including a formal document such as a petition, notice, motion, legal memorandum, order, or decree; (ii) a social record, including— (I) a record of a probation officer; (II) a record of any government agency that keeps records relating to juvenile delinquency; (III) a medical record; (IV) a psychiatric or psychological record; (V) a birth certificate; (VI) an education record, including an individualized education plan; (VII) a detention record; (VIII) demographic information that identifies a juvenile or the family of a juvenile; or (IX) any other record that includes personally identifiable information that may be associated with a juvenile delinquency proceeding, an act of juvenile delinquency, or an alleged act of juvenile delinquency; and (iii) a law enforcement record, including a photograph or a State criminal justice information system record; and (C) does not include— (i) fingerprints; or (ii) a DNA sample; (12) the term petitioner (13) the term seal (A) to close a record from public viewing so that the record cannot be examined except by court order; and (B) to physically seal the record shut and label the record SEALED (14) the term sealing hearing (15) the term sealing petition . (c) Confidentiality Section 5038 of title 18, United States Code, is amended— (1) in subsection (a), in the flush text following paragraph (6), by inserting after bonding, participation in an educational system, (2) in subsection (b), by striking District courts exercising jurisdiction over any juvenile Not later than 7 days after the date on which a district court exercises jurisdiction over a juvenile, the district court (d) Sealing; expungement (1) In general Chapter 403 5044. Sealing (a) Automatic sealing of nonviolent offenses (1) In general Three years after the date on which a person who is adjudicated delinquent under this chapter for a juvenile nonviolent offense completes every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense, the court shall order the sealing of each juvenile record or portion thereof that relates to the offense if the person— (A) has not been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition; and (B) is not engaged in active criminal court proceedings or juvenile delinquency proceedings. (2) Automatic nature of sealing The order of sealing under paragraph (1) shall require no action by the person whose juvenile records are to be sealed. (3) Notice of automatic sealing A court that orders the sealing of a juvenile record of a person under paragraph (1) shall, in writing, inform the person of the sealing and the benefits of sealing the record. (b) Petitioning for early sealing of nonviolent offenses (1) Right to file sealing petition (A) In general During the 3-year period beginning on the date on which a person who is adjudicated delinquent under this chapter for a juvenile nonviolent offense completes every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense, the person may petition the court to seal the juvenile records that relate to the offense, unless the person— (i) has been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition; or (ii) is engaged in active criminal court proceedings or juvenile delinquency proceedings. (B) Notice of opportunity to file petition If a person is adjudicated delinquent for a juvenile nonviolent offense, the court in which the person is adjudicated delinquent shall, in writing, inform the person of the potential eligibility of the person to file a sealing petition with respect to the offense upon completing every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense, and the necessary procedures for filing the sealing petition— (i) on the date on which the individual is adjudicated delinquent; and (ii) on the date on which the individual has completed every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense. (2) Procedures (A) Notification to prosecutor If a person files a sealing petition with respect to a juvenile nonviolent offense, the court in which the petition is filed shall provide notice of the petition— (i) to the Attorney General; and (ii) upon the request of the petitioner, to any other individual that the petitioner determines may testify as to— (I) the conduct of the petitioner since the date of the offense; or (II) the reasons that the sealing order should be entered. (B) Hearing (i) In general If a person files a sealing petition, the court shall— (I) except as provided in clause (iii), conduct a hearing in accordance with clause (ii); and (II) determine whether to enter a sealing order for the person in accordance with subparagraph (C). (ii) Opportunity to testify and offer evidence (I) Petitioner The petitioner may testify or offer evidence at the sealing hearing in support of sealing. (II) Prosecutor The Attorney General may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing. (III) Other individuals An individual who receives notice under subparagraph (A)(ii) may testify or offer evidence at the sealing hearing as to the issues described in subclauses (I) and (II) of that subparagraph. (iii) Waiver of hearing If the petitioner and the Attorney General so agree, the court shall make a determination under subparagraph (C) without a hearing. (C) Basis for decision The court shall determine whether to grant the sealing petition after considering— (i) the sealing petition and any documents in the possession of the court; (ii) all the evidence and testimony presented at the sealing hearing, if such a hearing is conducted; (iii) the best interests of the petitioner; (iv) the age of the petitioner during his or her contact with the court or any law enforcement agency; (v) the nature of the juvenile nonviolent offense; (vi) the disposition of the case; (vii) the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services; (viii) the length of the time period during which the petitioner has been without contact with any court or law enforcement agency; (ix) whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding; and (x) the adverse consequences the petitioner may suffer if the petition is not granted. (D) Waiting period after denial If the court denies a sealing petition, the petitioner may not file a new sealing petition with respect to the same juvenile nonviolent offense until the date that is 2 years after the date of the denial. (E) Universal form The Director of the Administrative Office of the United States Courts shall create a universal form, available over the internet and in paper form, that an individual may use to file a sealing petition. (F) No fee for indigent petitioners If the court determines that the petitioner is indigent, there shall be no cost for filing a sealing petition. (G) Reporting Not later than 2 years after the date of enactment of this section, and each year thereafter, the Director of the Administrative Office of the United States Courts shall issue a public report that— (i) describes— (I) the number of sealing petitions granted and denied under this subsection; and (II) the number of instances in which the Attorney General supported or opposed a sealing petition; (ii) includes any supporting data that the Director determines relevant and that does not name any petitioner; and (iii) disaggregates all relevant data by race, ethnicity, gender, and the nature of the offense. (H) Public defender eligibility (i) Petitioners under age 18 The district court shall appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent a petitioner for purposes of this subsection if the petitioner is less than 18 years of age. (ii) Petitioners age 18 and older (I) Discretion of court In the case of a petitioner who is not less than 18 years of age, the district court may, in its discretion, appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent the petitioner for purposes of this subsection. (II) Considerations In determining whether to appoint counsel under subclause (I), the court shall consider— (aa) the anticipated complexity of the sealing hearing, including the number and type of witnesses called to advocate against the sealing of the records of the petitioner; and (bb) the potential for adverse testimony by a victim or a representative of the Attorney General. (c) Effect of sealing order (1) Protection from disclosure Except as provided in paragraphs (3) and (4), if a court orders the sealing of a juvenile record of a person under subsection (a) or (b) with respect to a juvenile nonviolent offense, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events the records of which are ordered sealed. (2) Verification of sealing If a court orders the sealing of a juvenile record under subsection (a) or (b) with respect to a juvenile nonviolent offense, the court shall— (A) send a copy of the sealing order to each entity or person known to the court that possesses a record relating to the offense, including each— (i) law enforcement agency; and (ii) public or private correctional or detention facility; (B) in the sealing order, require each entity or person described in subparagraph (A) to— (i) seal the record; and (ii) submit a written certification to the court, under penalty of perjury, that the entity or person has sealed each paper and electronic copy of the record; (C) seal each paper and electronic copy of the record in the possession of the court; and (D) after receiving a written certification from each entity or person under subparagraph (B)(ii), notify the petitioner that each entity or person described in subparagraph (A) has sealed each paper and electronic copy of the record. (3) Law enforcement access to sealed records (A) In general Except as provided in subparagraph (B), a law enforcement agency may access a sealed juvenile record in the possession of the agency or another law enforcement agency solely— (i) to determine whether the person who is the subject of the record is a nonviolent offender eligible for a first-time-offender diversion program; (ii) for investigatory or prosecutorial purposes; or (iii) for a background check that relates to— (I) law enforcement employment; or (II) any position that a Federal agency designates as a— (aa) national security position; or (bb) high-risk, public trust position. (B) Transition period During the 1-year period beginning on the date on which a court orders the sealing of a juvenile record under this section, a law enforcement agency may, for law enforcement purposes, access the record if the record is in the possession of the agency or another law enforcement agency. (4) Prohibition on disclosure (A) Prohibition Except as provided in subparagraph (C), it shall be unlawful to intentionally make or attempt to make an unauthorized disclosure of any information from a sealed juvenile record in violation of this section. (B) Penalty Any person who violates subparagraph (A) shall be fined under this title, imprisoned for not more than 1 year, or both. (C) Exceptions (i) Background checks In the case of a background check for law enforcement employment or for any employment that requires a government security clearance— (I) a person who is the subject of a juvenile record sealed under this section shall disclose the contents of the record; and (II) a law enforcement agency that possesses a juvenile record sealed under this section— (aa) may disclose the contents of the record; and (bb) if the agency obtains or is subject to a court order authorizing disclosure of the record, may disclose the record. (ii) Disclosure to Armed Forces A person, including a law enforcement agency that possesses a juvenile record sealed under this section, may disclose information from a juvenile record sealed under this section to the Secretaries of the military departments (or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) for the purpose of vetting an enlistment or commission, or with regard to any member of the Armed Forces. (iii) Criminal and juvenile proceedings A prosecutor or other law enforcement officer may disclose information from a juvenile record sealed under this section, and a person who is the subject of a juvenile record sealed under this section may be required to testify or otherwise disclose information about the record, in a criminal or other proceeding if such disclosure is required by the Constitution of the United States, the constitution of a State, or a Federal or State statute or rule. (iv) Authorization for person to disclose own record A person who is the subject of a juvenile record sealed under this section may choose to disclose the record. (d) Limitation relating to subsequent incidents (1) After filing and before petition granted If, after the date on which a person files a sealing petition with respect to a juvenile offense and before the court determines whether to grant the petition, the person is convicted of a crime, adjudicated delinquent for an act of juvenile delinquency, or engaged in active criminal court proceedings or juvenile delinquency proceedings, the court shall deny the petition. (2) After petition granted If, on or after the date on which a court orders the sealing of a juvenile record of a person under subsection (b), the person is convicted of a crime or adjudicated delinquent for an act of juvenile delinquency— (A) the court shall— (i) vacate the order; and (ii) notify the person who is the subject of the juvenile record, and each entity or person described in subsection (c)(2)(A), that the order has been vacated; and (B) the record shall no longer be sealed. (e) Inclusion of State juvenile delinquency adjudications and proceedings For purposes of subparagraphs (A) and (B) of subsection (a)(1), clauses (i) and (ii) of subsection (b)(1)(A), subsection (b)(2)(C)(ix), and paragraphs (1) and (2) of subsection (d), the term juvenile delinquency 5045. Expungement (a) Automatic expungement of certain records (1) Attorney general motion (A) Nonviolent offenses committed before a person turned 15 If a person is adjudicated delinquent under this chapter for a juvenile nonviolent offense committed before the person attained 15 years of age and completes every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense before attaining 18 years of age, on the date on which the person attains 18 years of age, the Attorney General shall file a motion in the district court of the United States in which the person was adjudicated delinquent requesting that each juvenile record of the person that relates to the offense be expunged. (B) Arrests If a juvenile is arrested by a Federal law enforcement agency for a juvenile nonviolent offense for which a juvenile delinquency proceeding is not instituted under this chapter, and for which the United States does not proceed against the juvenile as an adult in a district court of the United States, the Attorney General shall file a motion in the district court of the United States that would have had jurisdiction of the proceeding requesting that each juvenile record relating to the arrest be expunged. (C) Expungement order Upon the filing of a motion in a district court of the United States with respect to a juvenile nonviolent offense under subparagraph (A) or an arrest for a juvenile nonviolent offense under subparagraph (B), the court shall grant the motion and order that each juvenile record relating to the offense or arrest, as applicable, be expunged. (2) Dismissed cases If a district court of the United States dismisses an information with respect to a juvenile under this chapter or finds a juvenile not to be delinquent in a juvenile delinquency proceeding under this chapter, the court shall concurrently order that each juvenile record relating to the applicable proceeding be expunged. (3) Automatic nature of expungement An order of expungement under paragraph (1)(C) or (2) shall not require any action by the person whose records are to be expunged. (4) Notice of automatic expungement A court that orders the expungement of a juvenile record of a person under paragraph (1)(C) or (2) shall, in writing, inform the person of the expungement and the benefits of expunging the record. (b) Petitioning for expungement of nonviolent offenses (1) In general A person who is adjudicated delinquent under this chapter for a juvenile nonviolent offense committed on or after the date on which the person attained 15 years of age may petition the court in which the proceeding took place to order the expungement of the juvenile record that relates to the offense unless the person— (A) has been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition; (B) is engaged in active criminal court proceedings or juvenile delinquency proceedings; or (C) has had not less than 2 adjudications of delinquency previously expunged under this section. (2) Procedures (A) Notification of prosecutor and victims If a person files an expungement petition with respect to a juvenile nonviolent offense, the court in which the petition is filed shall provide notice of the petition— (i) to the Attorney General; and (ii) upon the request of the petitioner, to any other individual that the petitioner determines may testify as to— (I) the conduct of the petitioner since the date of the offense; or (II) the reasons that the expungement order should be entered. (B) Hearing (i) In general If a person files an expungement petition, the court shall— (I) except as provided in clause (iii), conduct a hearing in accordance with clause (ii); and (II) determine whether to enter an expungement order for the person in accordance with subparagraph (C). (ii) Opportunity to testify and offer evidence (I) Petitioner The petitioner may testify or offer evidence at the expungement hearing in support of expungement. (II) Prosecutor The Attorney General may send a representative to testify or offer evidence at the expungement hearing in support of or against expungement. (III) Other individuals An individual who receives notice under subparagraph (A)(ii) may testify or offer evidence at the expungement hearing as to the issues described in subclauses (I) and (II) of that subparagraph. (iii) Waiver of hearing If the petitioner and the Attorney General so agree, the court shall make a determination under subparagraph (C) without a hearing. (C) Basis for decision The court shall determine whether to grant an expungement petition after considering— (i) the petition and any documents in the possession of the court; (ii) all the evidence and testimony presented at the expungement hearing, if such a hearing is conducted; (iii) the best interests of the petitioner; (iv) the age of the petitioner during his or her contact with the court or any law enforcement agency; (v) the nature of the juvenile nonviolent offense; (vi) the disposition of the case; (vii) the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services; (viii) the length of the time period during which the petitioner has been without contact with any court or any law enforcement agency; (ix) whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding; and (x) the adverse consequences the petitioner may suffer if the petition is not granted. (D) Waiting period after denial If the court denies an expungement petition, the petitioner may not file a new expungement petition with respect to the same offense until the date that is 2 years after the date of the denial. (E) Universal form The Director of the Administrative Office of the United States Courts shall create a universal form, available over the internet and in paper form, that an individual may use to file an expungement petition. (F) No fee for indigent petitioners If the court determines that the petitioner is indigent, there shall be no cost for filing an expungement petition. (G) Reporting Not later than 2 years after the date of enactment of this section, and each year thereafter, the Director of the Administrative Office of the United States Courts shall issue a public report that— (i) describes— (I) the number of expungement petitions granted and denied under this subsection; and (II) the number of instances in which the Attorney General supported or opposed an expungement petition; (ii) includes any supporting data that the Director determines relevant and that does not name any petitioner; and (iii) disaggregates all relevant data by race, ethnicity, gender, and the nature of the offense. (H) Public defender eligibility (i) Petitioners under age 18 The district court shall appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent a petitioner for purposes of this subsection if the petitioner is less than 18 years of age. (ii) Petitioners age 18 and older (I) Discretion of court In the case of a petitioner who is not less than 18 years of age, the district court may, in its discretion, appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent the petitioner for purposes of this subsection. (II) Considerations In determining whether to appoint counsel under subclause (I), the court shall consider— (aa) the anticipated complexity of the expungement hearing, including the number and type of witnesses called to advocate against the expungement of the records of the petitioner; and (bb) the potential for adverse testimony by a victim or a representative of the Attorney General. (c) Effect of expunged juvenile record (1) Protection from disclosure Except as provided in paragraphs (4) through (8), if a court orders the expungement of a juvenile record of a person under subsection (a) or (b) with respect to a juvenile nonviolent offense, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events the records of which are ordered expunged. (2) Verification of expungement If a court orders the expungement of a juvenile record under subsection (a) or (b) with respect to a juvenile nonviolent offense, the court shall— (A) send a copy of the expungement order to each entity or person known to the court that possesses a record relating to the offense, including each— (i) law enforcement agency; and (ii) public or private correctional or detention facility; (B) in the expungement order— (i) require each entity or person described in subparagraph (A) to— (I) seal the record for 1 year and, during that 1-year period, apply paragraphs (3) and (4) of section 5044(c) with respect to the record; (II) on the date that is 1 year after the date of the order, destroy the record unless a subsequent incident described in subsection (d)(2) occurs; and (III) submit a written certification to the court, under penalty of perjury, that the entity or person has destroyed each paper and electronic copy of the record; and (ii) explain that if a subsequent incident described in subsection (d)(2) occurs, the order shall be vacated and the record shall no longer be sealed; (C) on the date that is 1 year after the date of the order, destroy each paper and electronic copy of the record in the possession of the court unless a subsequent incident described in subsection (d)(2) occurs; and (D) after receiving a written certification from each entity or person under subparagraph (B)(i)(III), notify the petitioner that each entity or person described in subparagraph (A) has destroyed each paper and electronic copy of the record. (3) Reply to inquiries On and after the date that is 1 year after the date on which a court orders the expungement of a juvenile record of a person under this section, in the case of an inquiry relating to the juvenile record, the court, each law enforcement officer, any agency that provided treatment or rehabilitation services to the person, and the person (except as provided in paragraphs (4) through (8)) shall reply to the inquiry that no such juvenile record exists. (4) Civil actions (A) In general On and after the date on which a court orders the expungement of a juvenile record of a person under this section, if the person brings an action against a law enforcement agency that arrested, or participated in the arrest of, the person for the offense to which the record relates, or against the State or political subdivision of a State of which the law enforcement agency is an agency, in which the contents of the record are relevant to the resolution of the issues presented in the action, there shall be a rebuttable presumption that the defendant has a complete defense to the action. (B) Showing by plaintiff In an action described in subparagraph (A), the plaintiff may rebut the presumption of a complete defense by showing that the contents of the expunged record would not prevent the defendant from being held liable. (C) Duty to testify as to existence of record The court in which an action described in subparagraph (A) is filed may require the plaintiff to state under oath whether the plaintiff had a juvenile record and whether the record was expunged. (D) Proof of existence of juvenile record If the plaintiff in an action described in subparagraph (A) denies the existence of a juvenile record, the defendant may prove the existence of the record in any manner compatible with the applicable laws of evidence. (5) Criminal and juvenile proceedings On and after the date that is 1 year after the date on which a court orders the expungement of a juvenile record under this section, a prosecutor or other law enforcement officer may disclose underlying information from the juvenile record, and the person who is the subject of the juvenile record may be required to testify or otherwise disclose information about the record, in a criminal or other proceeding if such disclosure is required by the Constitution of the United States, the constitution of a State, or a Federal or State statute or rule. (6) Background checks On and after the date that is 1 year after the date on which a court orders the expungement of a juvenile record under this section, in the case of a background check for law enforcement employment or for any employment that requires a government security clearance, the person who is the subject of the juvenile record may be required to disclose underlying information from the record. (7) Disclosure to armed forces On and after the date that is 1 year after the date on which a court orders the expungement of a juvenile record under this section, a person, including a law enforcement agency that possessed such a juvenile record, may be required to disclose underlying information from the record to the Secretaries of the military departments (or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) for the purpose of vetting an enlistment or commission, or with regard to any member of the Armed Forces. (8) Authorization for person to disclose own record A person who is the subject of a juvenile record expunged under this section may choose to disclose the record. (9) Treatment as sealed record during transition period During the 1-year period beginning on the date on which a court orders the expungement of a juvenile record under this section, paragraphs (3) and (4) of section 5044(c) shall apply with respect to the record as if the record had been sealed under that section. (d) Limitation relating to subsequent incidents (1) After filing and before petition granted If, after the date on which a person files an expungement petition with respect to a juvenile offense and before the court determines whether to grant the petition, the person is convicted of a crime, adjudicated delinquent for an act of juvenile delinquency, or engaged in active criminal court proceedings or juvenile delinquency proceedings, the court shall deny the petition. (2) After petition granted If, on or after the date on which a court orders the expungement of a juvenile record of a person under subsection (b), the person is convicted of a crime, adjudicated delinquent for an act of juvenile delinquency, or engaged in active criminal court proceedings or juvenile delinquency proceedings— (A) the court that ordered the expungement shall— (i) vacate the order; and (ii) notify the person who is the subject of the juvenile record, and each entity or person described in subsection (c)(2)(A), that the order has been vacated; and (B) the record— (i) shall not be expunged; or (ii) if the record has been expunged because 1 year has elapsed since the date of the expungement order, shall not be treated as having been expunged. (e) Inclusion of state juvenile delinquency adjudications and proceedings For purposes of subparagraphs (A) and (B) of subsection (b)(1), subsection (b)(2)(C)(ix), and paragraphs (1) and (2) of subsection (d), the term juvenile delinquency . (2) Technical and conforming amendment The table of sections for chapter 403 5044. Sealing. 5045. Expungement. . (3) Applicability Sections 5044 and 5045 of title 18, United States Code, as added by paragraph (1), shall apply with respect to a juvenile nonviolent offense (as defined in section 5031 of such title, as amended by subsection (b)) that is committed or alleged to have been committed before, on, or after the date of enactment of this Act. (e) Rule of construction Nothing in the amendments made by this section shall be construed to authorize the sealing or expungement of a record of a criminal conviction of a juvenile who was proceeded against as an adult in a district court of the United States. 203. Ensuring accuracy of Federal criminal records (a) In general Section 534 of title 28, United States Code, is amended by adding at the end the following: (g) Ensuring accuracy of Federal criminal records (1) Definitions (A) In general In this subsection— (i) the term applicant (ii) the term high-risk, public trust position (iii) the term incomplete (I) indicates that an individual was arrested but does not describe the offense for which the individual was arrested; or (II) indicates that an individual was arrested or criminal proceedings were instituted against an individual but does not include the final disposition of the arrest or of the proceedings if a final disposition has been reached; (iv) the term record (I) an arrest by a Federal law enforcement officer; or (II) a Federal criminal proceeding; (v) the term reporting jurisdiction (vi) the term requesting entity (I) means a person or entity that seeks the exchange of a record for civil purposes that include employment, housing, credit, or any other type of application; and (II) does not include a law enforcement or intelligence agency that seeks the exchange of a record for— (aa) investigative purposes; or (bb) purposes relating to law enforcement employment. (B) Rule of construction The definition of the term requesting entity (2) Incomplete or inaccurate records The Attorney General shall establish and enforce procedures to ensure the prompt release of accurate records exchanged for employment-related purposes through the records system created under this section. (3) Required procedures The procedures established under paragraph (2) shall include the following: (A) Inaccurate record or information If the Attorney General determines that a record is inaccurate, the Attorney General shall promptly correct the record, including by making deletions to the record if appropriate. (B) Incomplete record (i) In general If the Attorney General determines that a record is incomplete or cannot be verified, the Attorney General— (I) shall attempt to complete or verify the record; and (II) if unable to complete or verify the record, may promptly make any changes or deletions to the record. (ii) Lack of disposition of arrest For purposes of this subparagraph, an incomplete record includes a record that indicates there was an arrest and does not include the disposition of the arrest. (iii) Obtaining disposition of arrest If the Attorney General determines that a record is an incomplete record described in clause (ii), the Attorney General shall, not later than 10 days after the date on which the requesting entity requests the exchange and before the exchange is made, obtain the disposition (if any) of the arrest. (C) Notification of reporting jurisdiction The Attorney General shall notify each appropriate reporting jurisdiction of any action taken under subparagraph (A) or (B). (D) Opportunity to review records by applicant In connection with an exchange of a record under this section, the Attorney General shall— (i) notify the applicant that the applicant can obtain a copy of the record as described in clause (ii) if the applicant demonstrates a reasonable basis for the applicant’s review of the record; (ii) provide to the applicant an opportunity, upon request and in accordance with clause (i), to— (I) obtain a copy of the record; and (II) challenge the accuracy and completeness of the record; (iii) promptly notify the requesting entity of any such challenge; (iv) not later than 30 days after the date on which the challenge is made, complete an investigation of the challenge; (v) provide to the applicant the specific findings and results of that investigation; (vi) promptly make any changes or deletions to the records required as a result of the challenge; and (vii) report those changes to the requesting entity. (E) Certain exchanges prohibited (i) In general An exchange shall not include any record— (I) except as provided in clause (ii), about an arrest more than 2 years old as of the date of the request for the exchange, that does not also include a disposition (if any) of that arrest; (II) relating to an adult or juvenile nonserious offense of the sort described in section 20.32(b) of title 28, Code of Federal Regulations, as in effect on July 1, 2009; or (III) to the extent the record is not clearly an arrest or a disposition of an arrest. (ii) Applicants for sensitive positions The prohibition under clause (i)(I) shall not apply in the case of a background check that relates to— (I) law enforcement employment; or (II) any position that a Federal agency designates as a— (aa) national security position; or (bb) high-risk, public trust position. (4) Fees The Attorney General may collect a reasonable fee for an exchange of records for employment-related purposes through the records system created under this section to defray the costs associated with exchanges for those purposes, including any costs associated with the investigation of inaccurate or incomplete records. . (b) Regulations on reasonable procedures Not later than 1 year after the date of enactment of this Act, the Attorney General shall issue regulations to carry out section 534(g) of title 28, United States Code, as added by subsection (a). (c) Report (1) Definition In this subsection, the term record (2) Report required Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the implementation of subsection (g) of section 534 of title 28, United States Code, as added by subsection (a), that includes— (A) the number of exchanges of records for employment-related purposes made with entities in each State through the records system created under such section 534; (B) any prolonged failure of a Federal agency to comply with a request by the Attorney General for information about dispositions of arrests; and (C) the numbers of successful and unsuccessful challenges to the accuracy and completeness of records, organized by the Federal agency from which each record originated.

First Step Implementation Act of 2023

Uyghur Policy Act of 2023 This bill addresses human rights issues concerning the Uyghurs and other persecuted minority groups in China, particularly in the Xinjiang Uyghur Autonomous Region (XUAR). Specifically, the bill requires the Department of State to support human rights advocates representing these groups to speak at public diplomacy forums, including in Muslim-majority countries; ensure that Uyghur language training is available to Foreign Service officers; make every effort to ensure a Uyghur-speaking member of the Foreign Service is assigned to U.S. diplomatic and consular missions in China, Turkey (Türkiye), and other nations with Uyghur populations; and submit to Congress a strategy to secure the release of political prisoners in China. The bill also requires the State Department and the U.S. Permanent Representative to the United Nations (U.N.) to support the appointment of a U.N. special rapporteur or working group to monitor and report on human rights violations and abuses in the XUAR, oppose any efforts to prevent consideration of issues related to the XUAR at the United Nations, and oppose any efforts to prevent Uyghur human rights advocates from participating in certain U.N. events.

118 S1252 IS: Uyghur Policy Act of 2023 U.S. Senate 2023-04-20 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. 1252 IN THE SENATE OF THE UNITED STATES April 20, 2023 Mr. Rubio Committee on Foreign Relations A BILL To support the human rights of Uyghurs and members of other ethnic groups residing primarily in the Xinjiang Uyghur Autonomous Region and safeguard their distinct civilization and identity, and for other purposes. 1. Short title This Act may be cited as the Uyghur Policy Act of 2023 2. Findings Congress finds the following: (1) The Chinese Communist Party continues to repress the distinct Turkic identity of Uyghurs and members of other predominantly Muslim ethnic groups in the Xinjiang Uyghur Autonomous Region and in other areas where they have habitually resided. (2) Uyghurs, and other predominantly Muslim ethnic groups make up the majority of the indigenous population in the area that the Chinese Communist Party has designated as the Xinjiang Uyghur Autonomous Region (XUAR). Throughout their history, Uyghurs and other predominately Muslim ethnic groups have maintained a civilization that was distinct from the Chinese. For centuries, these Turkic groups were not under Chinese rule. (3) Human rights, including freedom of religion or belief, and the preservation of and respect for the Uyghurs’ unique Turkic and Islamic civilization and identity are legitimate interests of the international community. (4) The People’s Republic of China (PRC) has ratified the International Covenant on Economic, Social, and Cultural Rights, done at New York December 16, 1966, and is thereby bound by its provisions. China has also signed the International Covenant on Civil and Political Rights. Article One of both covenants state that all peoples have the right to self-determination. (5) An official campaign to encourage Chinese migration into the XUAR has placed immense pressure on those who seek to preserve the ethnic, cultural, religious, and linguistic traditions of the Uyghurs people. Chinese authorities have supported an influx of Chinese economic immigrants into the XUAR, discriminated against Uyghurs in hiring practices, and provided unequal access to healthcare services. (6) The Chinese Communist Party has manipulated the strategic objectives of the international war on terror to mask their increasing cultural and religious oppression of the predominantly Muslim population residing in the XUAR. (7) Following unrest in the region, in 2014, the Chinese Communist Party launched its Strike Hard against Violent Extremism (8) Chinese Communist Party officials have made use of the legal system as a tool of repression, including for the imposition of arbitrary detentions and for torture against members of the Uyghur and other populations. (9) Uyghurs and Kazakhs who have secured citizenship or permanent residency outside of the PRC have attested to repeated threats, harassment, and surveillance by PRC officials. (10) Reporting from international news organizations has found that over the past decade, family members of Uyghurs living outside of the PRC who remain in the PRC have gone missing or have been detained to force Uyghur expatriates to return to the PRC or silence their dissent. (11) Credible evidence from human rights organizations, think tanks, and journalists confirms that more than 1,000,000 Uyghurs and members of other ethnic groups have been imprisoned in extrajudicial political reeducation (12) Independent accounts from former detainees of political reeducation (13) Popular discourse surrounding the ongoing atrocities in the XUAR and advocacy efforts to assist Uyghurs remains muted in most Muslim majority nations around the world. (14) Both Secretary of State Antony Blinken and Former Secretary of State Michael Pompeo have stated that the Chinese Communist Party has committed genocide and crimes against humanity against Uyghurs and other ethnic and religious groups in the XUAR. (15) Government bodies of multiple nations have also declared that Chinese Communist Party atrocities against such populations in the XUAR constitute genocide, including the parliaments of the United Kingdom, Belgium, Czechia, Lithuania, the Netherlands, and Canada. 3. Statement of policy It is the policy of the United States— (1) to press for authorities in China to open the XUAR to regular, transparent, and unmanipulated visits by members of the press, Members of Congress, congressional staff delegations, and members and staff of the Congressional-Executive Commission on the People’s Republic of China and the U.S.-China Economic and Security Review Commission; (2) to strive to ensure the preservation of the distinct ethnic, cultural, religious, and linguistic identity of Uyghurs and members of other ethnic and religious groups in the XUAR; (3) to urge other nations to call for the cessation of all government-sponsored crackdowns, imprisonments, and detentions of people throughout the XUAR aimed at those involved in the peaceful expression of their ethnic, cultural, political, or religious identity; (4) to commend countries that have provided shelter and hospitality to Uyghurs in exile, including Turkey, Albania, and Germany; and (5) to urge countries with sizeable Muslim populations, given commonalities in their religious and cultural identities, to demonstrate concern over the plight of Uyghurs. 4. Public diplomacy in the Islamic world with respect to the Uyghur situation (a) In general The Secretary of State, working through the Assistant Secretary of State for Educational and Cultural Affairs, shall support, through the United States Speaker Program, human rights advocates representing Uyghurs and members of other ethnic and religious groups persecuted in the PRC to speak at public diplomacy forums in Muslim-majority countries and other regions about issues regarding the human rights and religious freedom of Uyghurs and members of other ethnic and religious groups that are being persecuted in the PRC. (b) Consultation requirement The Assistant Secretary of State for Educational and Cultural Affairs shall consult with representatives of the global Uyghur community when selecting participants for the activity described in subsection (a). (c) Media activities The Secretary of State, in consultation with the Chief Executive Officer of the United States Agency for Global Media, should facilitate the unhindered dissemination of information to Muslim-majority countries about issues regarding the human rights and religious freedom of Uyghurs and members of other groups in the XUAR. 5. Strategy to increase access to detention facilities and prisons and secure the release of prisoners (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall develop and submit to Congress a strategy to support and secure the release of political prisoners detained in the PRC. (b) Elements The strategy required under subsection (a) shall include— (1) a detailed description of how the United States Government can pressure the PRC to immediately close all detention facilities and political reeducation (2) a detailed assessment of how the United States can leverage its contributions to the United Nations to support the United Nations Commissioner for Human Rights and numerous United Nations Special Rapporteurs’ urgent calls for immediate and unhindered access to detention facilities and political reeducation (3) a detailed description of how the United States Government will work with other like-minded countries to pressure the PRC to immediately stop the genocide of Uyghurs and other ethnic groups in the XUAR; and (4) a detailed plan for how United States Government officials can use meetings with representatives of the Chinese Communist Party to demand the immediate and unconditional release of all prisoners detained for their ethnic, cultural, religious, and linguistic identities, or for expressing their political or religious beliefs in the XUAR. (c) Form The strategy required under subsection (a) shall be submitted in unclassified form. 6. Requirement for Uyghur language training The Secretary of State shall ensure that— (1) Uyghur language training is available to Foreign Service officers, as appropriate; and (2) every effort is being made to ensure that a Uyghur-speaking member of the Foreign Service (as described in section 103 of the Foreign Service Act of 1980 ( 22 U.S.C. 3903 7. Uyghur considerations at the United Nations The Secretary of State and the United States Permanent Representative to the United Nations shall use the voice, vote, and influence of the United States at the United Nations— (1) to oppose any efforts— (A) to prevent consideration of the issues related to the XUAR in any body of the United Nations; and (B) to prevent the participation of any Uyghur human rights advocates in nongovernmental fora hosted by or otherwise organized under the auspices of any body of the United Nations; and (2) to support the appointment of a special rapporteur or working group for the XUAR for the purposes of— (A) monitoring human rights violations and abuses in the XUAR; and (B) making reports available to the High Commissioner for Refugees, the High Commissioner for Human Rights, the General Assembly, and other United Nations bodies.

Uyghur Policy Act of 2023

Securing America's Ports of Entry Act of 2023 This bill requires U.S. Customs and Border Protection (CBP) to increase the number of CBP officers to specified levels. If CBP does not adequately increase personnel, the Government Accountability Office must report on CBP hiring practices.

115 S1253 IS: Securing America's Ports of Entry Act of 2023 U.S. Senate 2023-04-20 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. 1253 IN THE SENATE OF THE UNITED STATES April 20, 2023 Mr. Peters Mr. Cornyn Committee on Homeland Security and Governmental Affairs A BILL To increase the number of U.S. Customs and Border Protection Customs and Border Protection officers and support staff and to require reports that identify staffing, infrastructure, and equipment needed to enhance security at ports of entry. 1. Short title This Act may be cited as the Securing America's Ports of Entry Act of 2023 2. Additional U.S. Customs and Border Protection personnel (a) Officers The Commissioner of U.S. Customs and Border Protection shall hire, train, and assign not fewer than 600 new U.S. Customs and Border Protection officers above the current attrition level during every fiscal year until the total number of U.S. Customs and Border Protection officers equals and sustains the requirements identified each year in the Workload Staffing Model. (b) Support staff The Commissioner is authorized to hire, train, and assign support staff, including technicians and Enterprise Services mission support, to perform non-law enforcement administrative functions to support the new U.S. Customs and Border Protection officers hired pursuant to subsection (a). (c) Traffic forecasts In calculating the number of U.S. Customs and Border Protection officers needed at each port of entry through the Workload Staffing Model, the Commissioner shall— (1) rely on data collected regarding the inspections and other activities conducted at each such port of entry; (2) consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information; and (3) consider historical volume and forecasts prior to the COVID–19 pandemic and the impact on international travel. (d) GAO report If the Commissioner does not hire the 600 additional U.S. Customs and Border Protection officers authorized under subsection (a) during fiscal year 2023, or during any subsequent fiscal year in which the hiring requirements set forth in the Workload Staffing Model have not been achieved, the Comptroller General of the United States shall— (1) conduct a review of U.S. Customs and Border Protection hiring practices to determine the reasons that such requirements were not achieved and other issues related to hiring by U.S. Customs and Border Protection; and (2) submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives 3. Ports of entry infrastructure enhancement report Not later than 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (1) infrastructure improvements at ports of entry that would enhance the ability of U.S. Customs and Border Protection officers to interdict opioids and other drugs that are being illegally transported into the United States, including a description of circumstances at specific ports of entry that prevent the deployment of technology used at other ports of entry; (2) detection equipment that would improve the ability of such officers to identify opioids, including precursors and derivatives, that are being illegally transported into the United States; and (3) safety equipment that would protect such officers from accidental exposure to such drugs or other dangers associated with the inspection of potential drug traffickers. 4. Reporting requirements (a) Temporary duty assignments (1) Quarterly report The Commissioner of U.S. Customs and Border Protection shall submit a quarterly report to the appropriate congressional committees that includes, for the reporting period— (A) the number of temporary duty assignments; (B) the number of U.S. Customs and Border Protection employees required for each temporary duty assignment; (C) the ports of entry from which such employees were reassigned; (D) the ports of entry to which such employees were reassigned; (E) the ports of entry at which reimbursable service agreements have been entered into that may be affected by temporary duty assignments; (F) the duration of each temporary duty assignment; (G) the cost of each temporary duty assignment; and (H) for each temporary duty assignment to the southwest border, a description of any activities done in support of U.S. Border Patrol operations. (2) Notice Not later than 10 days before redeploying employees from 1 port of entry to another, absent emergency circumstances— (A) the Commissioner shall notify the director of the port of entry from which employees will be reassigned of the intended redeployments; and (B) the port director shall notify impacted facilities (including airports, seaports, and land ports) of the intended redeployments. (3) Staff briefing The Commissioner shall brief all affected U.S. Customs and Border Protection employees regarding plans to mitigate vulnerabilities created by any planned staffing reductions at ports of entry. (b) Reports on U.S. Customs and Border Protection agreements Section 907(a) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4451(a) (1) in paragraph (3), by striking and an assessment (2) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (3) by inserting after paragraph (3) the following: (4) A description of the factors that were considered before entering into the agreement, including an assessment of how the agreement provides economic benefits and security benefits (if applicable) at the port of entry to which the agreement relates. ; and (4) in paragraph (5), as redesignated by paragraph (2), by inserting after the report , including the locations of such services and the total hours of reimbursable services under the agreement, if any (c) Annual workload staffing model report As part of the Annual Report on Staffing required under section 411(g)(5)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(g)(5)(A) (1) information concerning the progress made toward meeting the U.S. Customs and Border Protection officer and support staff hiring targets set forth in section 2, while accounting for attrition; (2) an update to the information provided in the Resource Optimization at the Ports of Entry report, which was submitted to Congress on September 12, 2017, pursuant to the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31 (3) a summary of the information included in the reports required under subsection (a) and section 907(a) of the Trade Facilitation and Trade Enforcement Act of 2015, as amended by subsection (b). (d) Defined term In this section, the term appropriate congressional committees (1) the Committee on Homeland Security and Governmental Affairs of the Senate (2) the Committee on Appropriations of the Senate (3) the Committee on Homeland Security of the House of Representatives (4) the Committee on Appropriations of the House of Representatives. 5. Authorization of appropriations There is authorized to be appropriated to carry out this Act— (1) $136,292,948 for fiscal year 2024; and (2) $156,918,590 for each of the fiscal years 2025 through 2029.

Securing America's Ports of Entry Act of 2023

Global Aircraft Maintenance Safety Improvement Act This bill addresses safety standards related to foreign aircraft repair stations. Specifically, the bill requires that all foreign aircraft repair stations be subject to at least one unannounced safety inspection each year. Further, mechanics and others working on U.S. registered aircraft at foreign repair stations are required to meet certain minimum certification or licensing standards. Air carriers must submit annual reports to the Federal Aviation Administration (FAA) with respect to heavy maintenance work on aircraft (including on-wing aircraft engines) performed outside the United States. The bill also prohibits FAA officials from traveling internationally if a previously mandated final rule on drug and alcohol testing of employees at repair stations has not been published, with specified exceptions. In addition, the bill requires the FAA to initiate rulemaking to require certain employees of foreign repair stations to undergo security threat assessments.

118 S1256 IS: Global Aircraft Maintenance Safety Improvement Act U.S. Senate 2023-04-25 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 118th CONGRESS 1st Session S. 1256 IN THE SENATE OF THE UNITED STATES April 25, 2023 Mrs. Capito Ms. Baldwin Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to require certain air carriers to provide reports with respect to maintenance, preventive maintenance, or alterations, and for other purposes. 1. Short title This Act may be cited as the Global Aircraft Maintenance Safety Improvement Act 2. FAA oversight of repair stations located outside the United States (a) In general Section 44733 of title 49, United States Code, is amended— (1) in the section heading by striking Inspection Oversight (2) in subsection (e)— (A) in the first sentence— (i) by inserting , without prior notice to such repair stations, annually (ii) by inserting and the applicable laws of the country in which a repair station is located international agreements (B) by striking the second sentence and inserting The Administrator may carry out announced or unannounced inspections in addition to the annual unannounced inspection required under this subsection based on identified risks and in a manner consistent with United States obligations under international agreements and with the applicable laws of the country in which a repair station is located. (3) by redesignating subsection (g) as subsection (i); and (4) by inserting after subsection (f) the following: (g) Data analysis (1) In general An air carrier conducting operations under part 121 of title 14, Code of Federal Regulations, shall, if applicable, provide to the appropriate office of the Administration, not less than once every year, a report containing the information described in paragraph (2) with respect to heavy maintenance work on aircraft (including on-wing aircraft engines) performed in the preceding year. (2) Information required A report under paragraph (1) shall contain the following information: (A) The location where any heavy maintenance work on aircraft (including on-wing aircraft engines) was performed outside the United States. (B) A description of the work performed at each such location. (C) The date of completion of the work performed at each such location. (D) A list of all failures, malfunctions, or defects affecting the safe operation of such aircraft identified by the air carrier within 30 days after the date on which an aircraft is returned to service, organized by reference to aircraft registration number, that— (i) requires corrective action after the aircraft is approved for return to service; and (ii) results from the work performed on such aircraft. (E) The certificate number of the person approving such aircraft or on-wing aircraft engine, for return to service following completion of the work performed at each such location. (3) Analysis The Administrator of the Federal Aviation Administration shall— (A) analyze information made available under paragraph (1) of this subsection and sections 121.703, 121.705, 121.707, and 145.221 of title 14, Code of Federal Regulations, or any successor provisions, to detect safety issues associated with heavy maintenance work on aircraft (including on-wing aircraft engines) performed outside the United States; and (B) require appropriate actions in response. (4) Confidentiality Information made available under paragraph (1) shall be subject to the same protections given to voluntarily provided safety or security related information under section 40123. (h) Minimum qualifications for mechanics and others working on U.S. registered aircraft (1) In general Not later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require that, at each covered repair station— (A) all supervisory personnel are appropriately certificated as a mechanic or repairman under part 65 of title 14, Code of Federal Regulations, or under an equivalent certification or licensing regime, as determined by the Administrator; and (B) all personnel authorized to approve an article for return to service are appropriately certificated as a mechanic or repairman under part 65 of such title, or under an equivalent certification or licensing regime, as determined by the Administrator. (2) Available for consultation Not later than 1 year after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall require any individual who is responsible for approving an article for return to service or who is directly in charge of aircraft (including on-wing aircraft engine) maintenance performed on aircraft operated under part 121 of title 14, Code of Federal Regulations, be available for consultation while work is being performed at a covered repair station. . (b) Definition of covered repair station (1) In general Section 44733(i) of title 49, United States Code (as redesignated by subsection (a)(3)), is amended— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (B) by inserting before paragraph (2), as so redesignated, the following: (1) Covered repair station The term covered repair station (A) is located outside the United States; (B) is certificated under part 145 of title 14, Code of Federal Regulations; and (C) performs heavy maintenance work on aircraft (including on-wing aircraft engines) operated under part 121 of title 14, Code of Federal Regulations. . (2) Technical amendment Section 44733(a)(3) of title 49, United States Code, is amended by striking covered part 145 repair stations part 145 repair stations (c) Conforming amendments The analysis for chapter 447 44733. Oversight of repair stations located outside the United States. . 3. Alcohol and drug testing and background checks (a) In general Beginning on the date that is 2 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration (in this Act referred to as the Administrator 49 U.S.C. 44733 (b) Rulemaking on assessment requirement With respect to any employee not covered under the requirements of section 1554.101 of title 49, Code of Federal Regulations, the Administrator shall initiate a rulemaking that requires a covered repair station to confirm that any such employee has successfully completed an assessment commensurate with a security threat assessment described in subpart C of part 1540 of such title. (c) Exceptions The prohibition in subsection (a) shall not apply to international travel that is determined by the Administrator on an individual by individual basis to be— (1) exclusively for the purpose of conducting a safety inspection; (2) directly related to aviation safety standards, certification, and oversight; or (3) vital to the national interests of the United States. (d) Non-Delegation and reporting For any determination to make an exception based on the criteria in paragraph (2) or (3) of subsection (c), the Administrator— (1) may not delegate the authority to make such a determination to any other individual; and (2) shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 3 days after making each determination under subsection (c)— (A) the name of the individual approved or authorized to travel internationally; (B) the location to which the individual is traveling; (C) a detailed explanation of why the Administrator has determined the travel is— (i) directly related to aviation safety standards, certification, and oversight; or (ii) vital to the national interests of the United States; and (D) a detailed description of the status of the rulemakings described in subsection (a). (e) Definition of covered repair station For purposes of this section, the term covered repair station (1) is located outside the United States; (2) is certificated under part 145 of title 14, Code of Federal Regulations; and (3) performs heavy maintenance work on aircraft (including on-wing aircraft engines), operated under part 121 of title 14, Code of Federal Regulations.

Global Aircraft Maintenance Safety Improvement Act

Billion Dollar Boondoggle Act of 2023 This bill directs the Office of Management and Budget to issue guidance requiring federal agencies to report annually to Congress regarding certain federally funded projects that (1) are more than five years behind schedule, or (2) have expenditures that are at least $1 billion more than the original cost estimate for the project.

118 S1258 IS: Billion Dollar Boondoggle Act of 2023 U.S. Senate 2023-04-25 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 118th CONGRESS 1st Session S. 1258 IN THE SENATE OF THE UNITED STATES April 25, 2023 Ms. Ernst Ms. Hassan Mr. Paul Mr. Scott of Florida Mr. Braun Committee on Homeland Security and Governmental Affairs A BILL To require the Director of the Office of Management and Budget to submit to Congress an annual report on projects that are over budget and behind schedule, and for other purposes. 1. Short title This Act may be cited as the Billion Dollar Boondoggle Act of 2023 2. Annual report (a) Definitions In this section— (1) the term covered agency (A) an Executive agency, as defined in section 105 of title 5, United States Code; and (B) an independent regulatory agency, as defined in section 3502 of title 44, United States Code; (2) the term covered project (A) that is more than 5 years behind schedule, as measured against the original expected date for completion; or (B) for which the amount spent on the project is not less than $1,000,000,000 more than the original cost estimate for the project; and (3) the term project 2 U.S.C. 900(c) (b) Requirement Not later than 1 year after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue guidance requiring covered agencies to include, on an annual basis in a report described in paragraph (2) of section 3516(a) of title 31, United States Code, or a consolidated report described in paragraph (1) of such section, information relating to each covered project of the covered agency, which shall include— (1) a brief description of the covered project, including— (A) the purpose of the covered project; (B) each location in which the covered project is carried out; (C) the contract or award number of the covered project, where applicable; (D) the year in which the covered project was initiated; (E) the Federal share of the total cost of the covered project; and (F) each primary contractor, subcontractor, grant recipient, and subgrantee recipient of the covered project; (2) an explanation of any change to the original scope of the covered project, including by the addition or narrowing of the initial requirements of the covered project; (3) the original expected date for completion of the covered project; (4) the current expected date for completion of the covered project; (5) the original cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (6) the current cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (7) an explanation for a delay in completion or an increase in the original cost estimate for the covered project, including, where applicable, any impact of insufficient or delayed appropriations; and (8) the amount of and rationale for any award, incentive fee, or other type of bonus, if any, awarded for the covered project.

Billion Dollar Boondoggle Act of 2023

Filipino Veterans Family Reunification Act of 2023 This bill exempts from worldwide or numerical limitations certain family-sponsored immigrant visas for the sons and daughters of Filipino World War II veterans who were naturalized under certain laws providing for naturalization for service during World War II.

101 S1263 IS: Filipino Veterans Family Reunification Act of 2023 U.S. Senate 2023-04-25 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 118th CONGRESS 1st Session S. 1263 IN THE SENATE OF THE UNITED STATES April 25, 2023 Ms. Hirono Ms. Murkowski Mr. Sullivan Mr. Blumenthal Mr. Booker Mr. Brown Ms. Cantwell Ms. Cortez Masto Ms. Duckworth Mrs. Feinstein Ms. Rosen Mr. Sanders Mr. Schatz Mr. Merkley Ms. Warren Committee on the Judiciary A BILL To exempt children of certain Filipino World War II veterans from the numerical limitations on immigrant visas, and for other purposes. 1. Short title This Act may be cited as the Filipino Veterans Family Reunification Act of 2023 2. Exemption from immigrant visa limit Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) (F) Aliens who— (i) are eligible for a visa under paragraph (1) or (3) of section 203(a); and (ii) have a parent (regardless of whether the parent is living or dead) who was naturalized pursuant to— (I) section 405 of the Immigration Act of 1990 ( Public Law 101–649 8 U.S.C. 1440 (II) title III of the Act of October 14, 1940 (54 Stat. 1137, chapter 876), as added by section 1001 of the Second War Powers Act, 1942 (56 Stat. 182, chapter 199). .

Filipino Veterans Family Reunification Act of 2023

Stop Judge Shopping Act This bill grants original and exclusive jurisdiction to the U.S. District Court for the District of Columbia over any civil action for declaratory or injunctive relief against the enforcement of a federal law if the relief extends beyond the parties involved.

118 S1265 IS: Stop Judge Shopping Act U.S. Senate 2023-04-25 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 118th CONGRESS 1st Session S. 1265 IN THE SENATE OF THE UNITED STATES April 25, 2023 Ms. Hirono Committee on the Judiciary A BILL To provide the United States District Court for the District of Columbia with original and exclusive jurisdiction over civil actions with a nationwide effect. 1. Short title This Act may be cited as the Stop Judge Shopping Act 2. Jurisdiction over certain actions with nationwide effect The United States District Court for the District of Columbia shall have original and exclusive jurisdiction over any civil action for declaratory or injunctive relief (including a nationwide injunction, stay, vacatur, or any other relief with similar nationwide force and effect) against the enforcement of any Federal law (including regulations and Executive orders) if the relief extends beyond the parties to the civil action. 3. Rules of construction Nothing in this Act may be construed to— (1) affect any action that may be brought in the Supreme Court of the United States, a court of appeals of the United States, or the Court of International Trade; (2) create a private right of action; or (3) expand liability otherwise imposed, or limit any defense otherwise available, under Federal or State law.

Stop Judge Shopping Act

Love Lives On Act of 2023 This bill extends entitlement for various benefit programs and services for surviving spouses of deceased members of the Armed Forces or veterans. First, the bill removes the expiration on a surviving spouses' entitlement to educational assistance through the Marine Gunnery Sergeant John David Fry Scholarship (Fry Scholarship). The bill also provides that the remarriage of a surviving spouse must not bar the furnishing of dependency and indemnity compensation to such spouse. Next, the Department of Defense may not terminate the payment of an annuity for a surviving spouse under the Survivor Benefit Plan solely because the surviving spouse remarries. Additionally, the bill provides commissary store and MWR retail facility (e.g., exchange store) access to surviving spouses regardless of the martial status of the spouse. Such spouses must be entitled to use such stores and facilities to the same extent and on the same basis as surviving spouses who did not remarry. The bill expands the definition of a dependent under TRICARE to include a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment. Finally, the bill modifies the definition of a surviving spouse for purposes of veterans benefits to include same sex marriages.

118 S1266 IS: Love Lives On Act of 2023 U.S. Senate 2023-04-25 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 118th CONGRESS 1st Session S. 1266 IN THE SENATE OF THE UNITED STATES April 25, 2023 Mr. Moran Mr. Warnock Mr. Cotton Ms. Warren Ms. Hirono Committee on Veterans' Affairs A BILL To amend titles 10 and 38, United States Code, to improve benefits and services for surviving spouses, and for other purposes. 1. Short title This Act may be cited as the Love Lives On Act of 2023 2. Removal of expiration on entitlement to Marine Gunnery Sergeant John David Fry Scholarship for surviving spouses Section 3311(f) of title 38, United States Code, is amended— (1) by striking paragraph (2); (2) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (3) in paragraph (2), as redesignated by paragraph (2) of this section, by striking in paragraph (4) in paragraph (3) (4) in paragraph (3)(A), as redesignated by paragraph (2) of this section, by striking under paragraph (3) under paragraph (2) 3. Modification of entitlement to veterans dependency and indemnity compensation for surviving spouses who remarry (a) In general Section 103(d) of title 38, United States Code, is amended— (1) in paragraph (2)(B)— (A) by inserting (i) The remarriage (B) in clause (i), as designated by subparagraph (A), by striking Notwithstanding the previous sentence (ii) Notwithstanding clause (i) ; and (C) by adding at the end the following new clause: (iii) Notwithstanding clause (ii), the remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 of this title to the surviving spouse of a veteran. ; and (2) in paragraph (5)— (A) by striking subparagraph (A); and (B) by renumbering subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively. (b) Resumption of payments to certain individuals previously denied dependency and indemnity compensation Beginning on the first day of the first month after the date of the enactment of this Act, the Secretary shall resume payment of dependency and indemnity compensation under section 1311 of such title to each living individual who— (1) is the surviving spouse of a veteran; and (2) remarried before— (A) reaching age 55; and (B) the date of the enactment of this Act. 4. Continued eligibility for survivor benefit plan for certain surviving spouses who remarry Section 1450(b)(2) of title 10, United States Code, is amended— (1) by striking An annuity (A) In general (A) Subject to subparagraph (B), an annuity ; and (2) by adding at the end the following new subparagraph: (B) Treatment of survivors of members who die on active duty The Secretary may not terminate payment of an annuity for a surviving spouse described in subparagraph (A) or (B) of section 1448(d)(1) solely because that surviving spouse remarries. In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of Love Lives On Act of 2023 (i) except as provided by clause (ii), for each month that begins on or after the date that is one year after such date of enactment; or (ii) on January 1, 2023, in the case of a surviving spouse who elected to transfer payment of that annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on December 31, 2019. . 5. Access to commissary and exchange privileges for remarried spouses (a) Benefits Section 1062 of title 10, United States Code, is amended— (1) by striking The Secretary of Defense (a) Certain unremarried former spouses The Secretary of Defense ; (2) by striking commissary and exchange privileges use commissary stores and MWR retail facilities (3) by adding at the end the following new subsection: (b) Certain remarried surviving spouses The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services. ; and (4) by adding at the end the following new subsection: (c) MWR retail facilities defined In this section, the term MWR retail facilities . (b) Clerical amendments (1) Section heading The heading of section 1062 of title 10, United States Code, is amended to read as follows: 1062. Certain former spouses and surviving spouses . (2) Table of sections The table of sections at the beginning of chapter 54 1062. Certain former spouses and surviving spouses. . 6. Expansion of definition of dependent under TRICARE program to include a remarried widow or widower whose subsequent marriage has ended Section 1072(2) of title 10, United States Code, is amended— (1) in subparagraph (H), by striking ; and (2) in subparagraph (I)(v), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (J) a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment. . 7. Definition of surviving spouse for purposes of veterans benefits Paragraph (3) of section 101 of title 38, United States Code, is amended to read as follows: (3) The term surviving spouse .

Love Lives On Act of 2023

Pharmacy Benefit Manager Transparency Act of 2023 This bill generally prohibits pharmacy benefit managers (PBMs) from engaging in certain practices when managing the prescription drug benefits under a health insurance plan, including charging the plan a different amount than the PBM reimburses the pharmacy. The bill also prohibits PBMs from arbitrarily, unfairly, or deceptively (1) clawing back reimbursement payments, or (2) increasing fees or lowering reimbursements to pharmacies to offset changes to federally funded health plans. PBMs are not subject to these prohibitions if they (1) pass along 100% of any price concession or discount to the health plan, and (2) disclose specified costs, prices, reimbursements, fees, markups, discounts, and aggregate payments received with respect to their PBM services. Further, PBMs must report annually to the Federal Trade Commission (FTC) certain information about payments received from health plans and fees charged to pharmacies. The FTC and state attorneys general are authorized to enforce the provisions of the bill.

118 S127 IS: Pharmacy Benefit Manager Transparency 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. 127 IN THE SENATE OF THE UNITED STATES January 26, 2023 Ms. Cantwell Mr. Grassley Mrs. Hyde-Smith Mr. Braun Mr. Moran Mr. Tillis Mr. Tester Mrs. Capito Committee on Commerce, Science, and Transportation A BILL To prevent unfair and deceptive acts or practices and the dissemination of false information related to pharmacy benefit management services for prescription drugs, and for other purposes. 1. Short title This Act may be cited as the Pharmacy Benefit Manager Transparency Act of 2023 2. Prohibition on unfair or deceptive prescription drug pricing practices (a) Conduct prohibited Except as provided in subsection (b), it shall be unlawful for any pharmacy benefit manager (or affiliate, subsidiary, or agent of a pharmacy benefit manager), directly or indirectly, to engage in any of the following activities related to pharmacy benefit management services: (1) Charge a health plan or payer a different amount for a prescription drug’s ingredient cost or dispensing fee than the amount the pharmacy benefit manager reimburses a pharmacy for the prescription drug’s ingredient cost or dispensing fee where the pharmacy benefit manager retains the amount of any such difference. (2) Arbitrarily, unfairly, or deceptively, by contract or any other means, reduce, rescind, or otherwise claw back any reimbursement payment, in whole or in part, to a pharmacist or pharmacy for a prescription drug's ingredient cost or dispensing fee. (3) Arbitrarily, unfairly, or deceptively, by contract or any other means, increase fees or lower reimbursement to a pharmacy in order to offset reimbursement changes instructed by the Federal Government under any health plan funded by the Federal Government. (b) Exceptions A pharmacy benefit manager shall not be in violation of subsection (a) if the pharmacy benefit manager meets the following conditions: (1) The pharmacy benefit manager, affiliate, subsidiary, or agent passes along or returns 100 percent of any price concession to a health plan or payer, including any rebate, discount, or other price concession. (2) The pharmacy benefit manager, affiliate, subsidiary, or agent provides full and complete disclosure of— (A) the cost, price, and reimbursement of the prescription drug to each health plan, payer, and pharmacy with which the pharmacy benefit manager, affiliate, subsidiary, or agent has a contract or agreement to provide pharmacy benefit management services; (B) each fee, markup, and discount charged or imposed by the pharmacy benefit manager, affiliate, subsidiary, or agent to each health plan, payer, and pharmacy with which the pharmacy benefit manager, affiliate, subsidiary, or agent has a contract or agreement for pharmacy benefit management services; or (C) the aggregate amount of all remuneration the pharmacy benefit manager receives from a prescription drug manufacturer for a prescription drug, including any rebate, discount, administration fee, and any other payment or credit obtained or retained by the pharmacy benefit manager, or affiliate, subsidiary, or agent of the pharmacy benefit manager, pursuant to a contract or agreement for pharmacy benefit management services to a health plan, payer, or any Federal agency (upon the request of the agency). 3. Prohibition on false information It shall be unlawful for any person to report information related to pharmacy benefit management services to a Federal department or agency if— (1) the person knew, or reasonably should have known, the information to be false or misleading; (2) the information was required by law to be reported; and (3) the false or misleading information reported by the person would affect analysis or information compiled by the Federal department or agency for statistical or analytical purposes with respect to the market for pharmacy benefit management services. 4. Transparency (a) Reporting by pharmacy benefit managers Not later than 1 year after the date of enactment of this Act, and annually thereafter, each pharmacy benefit manager (or affiliate, subsidiary, or agent of a pharmacy benefit manager) shall report to the Commission the following information: (1) The aggregate amount of the difference between the amount the pharmacy benefit manager was paid by each health plan and the amount that the pharmacy benefit manager paid each pharmacy on behalf of the health plan for prescription drugs. (2) The aggregate amount of any— (A) generic effective rate fee charged to each pharmacy; (B) direct and indirect remuneration fee charged or other price concession to each pharmacy; and (C) payment rescinded or otherwise clawed back from a reimbursement made to each pharmacy. (3) If, during the reporting year, the pharmacy benefit manager moved or reassigned a prescription drug to a formulary tier that has a higher cost, higher copayment, higher coinsurance, or higher deductible to a consumer, or a lower reimbursement to a pharmacy, an explanation of the reason why the drug was moved or reassigned from 1 tier to another, including whether the move or reassignment was determined or requested by a prescription drug manufacturer or other entity. (4) With respect to any pharmacy benefit manager that owns, controls, or is affiliated with a pharmacy, a report regarding any difference in reimbursement rates or practices, direct and indirect remuneration fees or other price concessions, and clawbacks between a pharmacy that is owned, controlled, or affiliated with the pharmacy benefit manager and any other pharmacy. (b) Report to Congress (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that addresses, at a minimum— (A) the number of actions brought by the Commission during the reporting year to enforce this Act and the outcome of each such enforcement action; (B) the number of open investigations or inquiries into potential violations of this Act as of the time the report is submitted; (C) the number and nature of complaints received by the Commission relating to an allegation of a violation of this Act during the reporting year; (D) an anonymized summary of the reports filed with the Commission pursuant to subsection (a) for the reporting year; and (E) policy or legislative recommendations to strengthen any enforcement action relating to a violation of this Act, including recommendations to include additional prohibited conduct in section 2(a). (2) Formulary design or placement practices Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that addresses the policies, practices, and role of pharmacy benefit managers (including their affiliates, subsidiaries, and agents) regarding formulary design or placement, including whether— (A) pharmacy benefit managers (including their affiliates, subsidiaries, and agents) use formulary design or placement to increase their gross revenue without an accompanying increase in patient access or decrease in patient cost; or (B) such policies or practices of pharmacy benefit managers regarding formulary design or placement violate section 5(a) of the Federal Trade Commission Act ( 15 U.S.C. 45(a) (3) Construction Nothing in this section shall be construed as authorizing the Commission to disclose any information that is a trade secret or confidential information described in section 552(b)(4) of title 5, United States Code. (c) GAO study Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation, the Committee on Finance, and the Committee on Health, Education, Labor, and Pensions of the Senate and to the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a report that— (1) addresses, at minimum— (A) the role that pharmacy benefit managers play in the pharmaceutical supply chain; (B) the state of competition among pharmacy benefit managers, including the market share for the Nation's 10 largest pharmacy benefit managers; (C) the use of rebates and fees by pharmacy benefit managers, including data for each of the 10 largest pharmacy benefit managers that reflects, for each drug in the formulary of each such pharmacy benefit manager— (i) the amount of the rebate passed on to patients; (ii) the amount of the rebate passed on to payors; (iii) the amount of the rebate kept by the pharmacy benefit manager; and (iv) the role of fees charged by the pharmacy benefit manager; (D) whether pharmacy benefit managers structure their formularies in favor of high-rebate prescription drugs over lower-cost, lower-rebate alternatives; (E) the average prior authorization approval time for each of the 10 largest pharmacy benefit managers; (F) factors affecting the use of step therapy in each of the 10 largest pharmacy benefit managers; and (G) the extent to which the price that pharmacy benefit managers charge payors, such as the Medicare program under title XXVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 42 U.S.C. 1396 et seq. chapter 89 (2) provides recommendations for legislative action to lower the cost of prescription drugs for consumers and payors, improve the efficiency of the pharmaceutical supply chain by lowering intermediary costs, improve competition in pharmacy benefit management, and provide transparency in pharmacy benefit management. 5. Whistleblower protections (a) In general A pharmacy benefit manager, health plan, pharmaceutical manufacturer, pharmacy, or any affiliate, subsidiary, or agent thereof shall not, directly or indirectly, discharge, demote, suspend, diminish, or withdraw benefits from, threaten, harass, or in any other manner discriminate against or adversely impact a covered individual because— (1) the covered individual, or anyone perceived as assisting the covered individual, takes (or is suspected to have taken or will take) a lawful action in providing to Congress, an agency of the Federal Government, the attorney general of a State, a State regulator with authority over the distribution or insurance coverage of prescription drugs, or a law enforcement agency relating to any act or omission that the covered individual reasonably believes to be a violation of this Act; (2) the covered individual provides information that the covered individual reasonably believes evidences such a violation to— (A) a person with supervisory authority over the covered individual at the pharmacy benefit manager, health plan, pharmaceutical manufacturer, pharmacy, or any affiliate, subsidiary, or agent thereof; or (B) another individual working for the pharmacy benefit manager, health plan, pharmaceutical manufacturer, pharmacy, or any affiliate, subsidiary, or agent thereof who the covered individual reasonably believes has the authority to investigate, discover, or terminate the violation or to take any other action to address the violation; (3) the covered individual testifies (or it is suspected that the covered individual will testify) in an investigation or judicial or administrative proceeding concerning such a violation; (4) the covered individual assists or participates (or it is expected that the covered individual will assist or participate) in such an investigation or judicial or administrative proceeding; or (5) the covered individual takes any other action to assist in carrying out the purposes of this Act. (b) Enforcement An individual who alleges any adverse action in violation of subsection (a) may bring an action for a jury trial in the appropriate district court of the United States for the following relief: (1) Temporary relief while the case is pending. (2) Reinstatement with the same seniority status that the individual would have had, but for the discharge or discrimination. (3) Twice the amount of back pay otherwise owed to the individual, with interest. (4) Consequential and compensatory damages, and compensation for litigation costs, expert witness fees, and reasonable attorneys’ fees. (c) Waiver of rights and remedies The rights and remedies provided for in this section shall not be waived by any policy form or condition of employment, including by a predispute arbitration agreement. (d) Predispute arbitration agreements No predispute arbitration agreement shall be valid or enforceable if the agreement requires arbitration of a dispute arising under this section. 6. Enforcement (a) Enforcement by the Commission (1) Unfair and deceptive acts or practices A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (2) Powers of the Commission (A) In general Except as provided in subparagraph (C), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Privileges and immunities Subject to paragraph (3), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (C) Nonprofit organizations and insurance Notwithstanding section 4 or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 15 U.S.C. 1012 (i) organizations not organized to carry on business for their own profit or that of their members; and (ii) the business of insurance, and persons engaged in such business. (D) Authority preserved Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (3) Penalties (A) Additional civil penalty In addition to any penalty applicable under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Method The penalties provided by subparagraph (A) shall be obtained in the same manner as civil penalties imposed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (C) Multiple offenses; mitigating factors In assessing a penalty under subparagraph (A)— (i) each day of a continuing violation shall be considered a separate violation; and (ii) the court shall take into consideration, among other factors— (I) the seriousness of the violation; (II) the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner; and (III) whether the violation was intentional. (b) Enforcement by States (1) In general If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates this Act, the attorney general of the State may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of the Commission (A) Notice to the Commission (i) In general Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Commission that the attorney general intends to bring such civil action. (ii) Contents The notification required under clause (i) 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 under 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 the 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) Construction 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) 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— (i) the defendant is an inhabitant, may be found, or transacts business; or (ii) venue is proper under section 1391 of title 28, United States Code. (5) Actions by other State officials (A) In general If an attorney general lacks appropriate jurisdiction to bring a civil action under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Clarification of authority The authority provided by subparagraph (A) shall supplant, and not supplement, the authorities of State attorneys general under paragraph (1). (C) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (c) Affirmative defense In an action brought under this section to enforce section 2, it shall be an affirmative defense, on which the defendant has the burden of persuasion by a preponderance of the evidence, that the conduct alleged to be a violation of section 2 was nonpretextual and reasonably necessary to— (1) prevent a violation of, or comply with, Federal or State law; (2) protect patient safety; or (3) protect patient access. 7. Effect on State laws Nothing in this Act shall be construed to preempt, displace, or supplant any State laws, rules, regulations, or requirements, or the enforcement thereof. 8. Definitions In this Act: (1) Commission The term Commission (2) Covered individual The term covered individual (3) Health plan The term health plan (4) Pharmacy benefit manager The term pharmacy benefit manager (5) Pharmacy benefit management services The term pharmacy benefit management services (A) negotiating terms and conditions, including rebates and price concessions, with respect to a prescription drug on behalf of the health plan, coverage, or payer; or (B) managing the prescription drug benefits provided by the health plan, coverage, or payer, which may include formulary management the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of drug prior authorization requests, the adjudication of appeals or grievances related to the prescription drug benefit, contracting with network pharmacies, or the provision of related services. (6) Prescription drug The term prescription drug (A) a drug, as that term is defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(g) (i) approved by the Food and Drug Administration under section 505 of such Act ( 21 U.S.C. 355 (ii) subject to the requirements of section 503(b)(1) of such Act ( 21 U.S.C. 353(b)(1) (B) a biological product as that term is defined in section 351 of the Public Health Service Act ( 42 U.S.C. 262(i)(1) (C) a product that is biosimilar to, or interchangeable with, a biologic product under section 351 of the Public Health Service Act ( 42 U.S.C. 262(i)

Pharmacy Benefit Manager Transparency Act of 2023

Presidential Audit and Tax Transparency Act This bill requires the Internal Revenue Service (IRS) to conduct an examination to determine the correctness of a Presidential income tax return as rapidly as practicable after it is filed. The IRS must disclose and make publicly available (on the internet) an initial report, periodic reports, and a final report on the examination of such tax returns. The final report must include the date on which the IRS examination of the return was completed, a list of audit materials, and a description of each proposed adjustment to a return and any controversy relating to its examination. This disclosure of tax return information is an exception to the general rule of confidentiality of taxpayer returns. The bill defines Presidential income tax return as any relevant income tax return of (1) a president while the president is in office, (2) the spouse of a president, (3) a corporation or partnership controlled by a president or a president's spouse, and (4) the estate of a president or a president's spouse. The bill imposes additional disclosure requirements by presidents and presidential candidates under the Ethics in Government Act of 1978.

118 S1272 IS: Presidential Audit and Tax Transparency Act U.S. Senate 2023-04-25 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 118th CONGRESS 1st Session S. 1272 IN THE SENATE OF THE UNITED STATES April 25, 2023 Mr. Wyden Mr. Sanders Mr. Whitehouse Ms. Cantwell Ms. Warren Mr. Van Hollen Mr. Kaine Mr. Welch Ms. Klobuchar Mr. Cardin Mr. Markey Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for examination and disclosure with respect to Presidential income tax returns, to amend the Ethics in Government Act of 1978 to require the disclosure of certain tax returns by Presidents and certain candidates for the office of the President, and for other purposes. 1. Short title This Act may be cited as the Presidential Audit and Tax Transparency Act 2. Examination and disclosure with respect to Presidential income tax returns (a) Audit Subchapter A of chapter 78 7613. Examination with respect to Presidential income tax returns (a) In general As rapidly as practicable after the filing of any Presidential income tax return, the Secretary shall conduct an examination to ascertain the correctness of such return and enforce the requirements of this title with respect to the taxable year covered by such return. (b) Reports (1) Initial report Not later than 90 days after the filing of a Presidential income tax return, the Secretary shall disclose and make publicly available an initial report regarding the examination with respect to such return. Such report shall include— (A) the name of the taxpayer, (B) an identification of the subparagraph of subsection (c)(1) which describes such return, (C) the date that such return was filed, and (D) the date on which the examination with respect to such return commenced (or, if such examination has not commenced as of the date of such report, a detailed description of the reasons that such examination has not commenced). (2) Periodic reports Not later than 180 days after the disclosure of the report described in paragraph (1) with respect to any Presidential income tax return and not later than 180 days after the most recent disclosure of a report described in this paragraph with respect to such return, the Secretary shall disclose and make publicly available a periodic report regarding the examination with respect to such return. Such report shall include— (A) the information described in subparagraphs (A) through (D) of paragraph (1), (B) a description of the status of the examination, including a description of the portions of the examination which have been completed, which are in process, and which are anticipated to take place, and (C) an estimate of the time frame for the completion of the examination, including an identification of factors which could alter such time frame, reasonable estimates of the likelihood of such factors (taking into account the specific facts and circumstances of the examination), and the likely specific effects of such factors on such time frame. Notwithstanding the preceding sentence, a periodic report shall not be required under this paragraph with respect to any return after the date on which a final report is disclosed under paragraph (3) with respect to such return. (3) Final report Not later than 90 days after the completion of the examination described in subsection (a) with respect to any Presidential income tax return, the Secretary shall disclose and make publicly available a final report regarding such examination. Such report shall include— (A) the information described in subparagraphs (A) through (C) of paragraph (1), (B) the date on which the examination with respect to such return was completed, (C) a list of the audit materials (as defined in section 6103(q)(2)) with respect to such examination, and (D) a description (including the amount) of each proposed adjustment, adjustment, and controversy with respect to such examination together with a description of how such proposed adjustment or controversy was resolved (or a statement that such proposed adjustment or controversy was not resolved, as the case may be). For purposes of this paragraph, an examination shall be treated as complete on the date that the Secretary provides the taxpayer with a notice of deficiency, or any closing document referred to in section 6103(q)(2)(A)(v), with respect to such examination. (4) Extension of due date report If a request is made for an extension of the due date for filing any Presidential income tax return, the Secretary shall, not later than 90 days after such request is granted or denied, disclose and make publicly available an extension of due date report with respect to return. Such report shall include— (A) the information described in subparagraphs (A) and (B) of paragraph (1), (B) a statement that an extension of the due date for the filing of such return has been requested, (C) the date that such request was received, (D) a statement of whether such request has been granted or denied, and (E) the due date of such return (including any extensions). (5) Treatment of failure to file In the case of a failure to file a Presidential income tax return before the close of the 60-day period beginning with the date prescribed for filing of such return— (A) the Secretary shall conduct the examination described in subsection (a) with respect to the taxable year covered by the return to which such failure relates, (B) reports made pursuant to this paragraph shall include a statement that such report is with respect to a return which the taxpayer failed to file, and (C) this section and section 6103(q) shall otherwise apply to such failure in the same manner as if a return were filed at the close of such period. The application of this paragraph with respect to any failure to file a Presidential income tax return shall not prevent the application of this section with respect to such return at such time as such return may be filed. (6) Public availability For purposes of this subsection, a document shall not be treated as having been made publicly available unless made available on the Internet. (c) Presidential income tax return For purposes of this section— (1) In general The term Presidential income tax return (A) a President, (B) an individual who is married (within the meaning of section 7703(a)) to a President for the taxable year to which such return relates, (C) any corporation or partnership which is controlled by any individual described in subparagraph (A) or (B) at any time during the taxable year to which such return relates, (D) the estate of any person described in (A) or (B) or any estate with respect to which any person described in subparagraph (A), (B), or (C) is an executor or beneficiary at any time during the taxable year to which such return relates, and (E) any trust with respect to which any person described in subparagraph (A), (B), (C), or (D) is a grantor, fiduciary, or beneficiary, or for which another trust described in this subparagraph is a grantor or beneficiary, at any time during the taxable year to which such return relates. Such term shall include any schedule, attachment, or other document filed with such return. (2) Relevant income tax return The term relevant income tax return (A) any portion of the taxable year to which such return relates is during the period that such President is the President, (B) the due date for such return (including any extensions) is during such period, or (C) such return is filed during such period. (3) Control For purposes of paragraph (1)(C)— (A) In general Except as otherwise provided in this paragraph, control shall be determined under the rules of paragraphs (2) and (3) of section 6038(e) (determined without regard to subparagraphs (A) and (B) of such paragraph (2) and without regard to subparagraph (C) of paragraph (3) thereof). (B) Restriction on family attribution (i) In general Except as provided in clause (ii), for purposes of applying subparagraph (A)— (I) section 318 shall be applied without regard to subsection (a)(1)(A)(ii) thereof, and (II) section 267(c) shall be applied by treating the family of an individual as including only such individual’s spouse (in lieu of the application of paragraph (4) thereof). (ii) Exception for recent transfer to family members For purposes of determining whether any corporation or partnership is controlled by a President under paragraph (1)(C) for any taxable year, clause (i) shall not apply if such corporation or partnership was controlled by such President (after application of clause (i)) at any time during the 4 immediately preceding taxable years. (d) Application to amended returns For purposes of this section and section 6103(q), any amendment or supplement to a return of tax shall be treated as a separate return of tax and the determination of when such amendment or supplement is filed, and whether such amendment or supplement is a relevant income tax return, shall be made without regard to the underlying return. . (b) Disclosure Section 6103 of such Code is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: (q) Disclosure with respect to Presidential income tax returns (1) In general The Secretary shall disclose and make publicly available (within the meaning of section 7613(b))— (A) each Presidential income tax return (as defined in section 7613(c)), (B) each report described in section 7613(b), and (C) any audit materials with respect a return described in subparagraph (A). (2) Audit materials The term audit materials (A) Any of the following which are provided by the Secretary to the taxpayer (or any designee of the taxpayer): (i) Any written communication which identifies such return as being subject to examination. (ii) Any written communication which proposes the adjustment of any item on such return, any report by an examiner related to such proposed adjustment, and any supervisory approval of any penalty proposed as part of such adjustment. (iii) Any memorandum or report of the Internal Revenue Service Independent Office of Appeals with respect to such return, and any denial of any request described in subparagraph (B). (iv) Any notice of deficiency with respect to such return. (v) Any closing documents with respect to the examination of such return, including any closing agreement or no change letter. (B) Any request for referral to the Internal Revenue Service Independent Office of Appeals of any controversy with respect to such return. (C) Any petition filed with the Tax Court for a redetermination of any deficiency referred to in subparagraph (A)(iv). (3) Exception for certain identity information The information disclosed and made publicly available under paragraph (1) shall not include any identification number of any person (including any social security number), any financial account number, the name of any individual who has not attained age 18 (as of the close of the taxable year to which the return relates), the name of any employee of the Department of the Treasury, or any address (other than the city and State in which such address is located). (4) Timing of disclosures Any information required to be disclosed under paragraph (1) shall be disclosed and made publicly available not later than— (A) in the case of any income tax return referred to in paragraph (1)(A), 90 days after the date that such return is filed, (B) in the case of any report referred to in paragraph (1)(B), the deadline specified in section 7613(b) for disclosing such report, and (C) in the case of the audit materials referred to in paragraph (1)(C), 90 days after the completion of the examination (within the meaning of section 7613(b)(3)) with respect to the return to which such audit materials relate. . (c) Clerical amendment Subchapter A of chapter 78 of such Code is amended by redesignating the item relating to section 7613 as an item relating to section 7614 and by inserting after the item relating to section 7612 the following new item: Sec. 7613. Examination with respect to Presidential income tax returns. . (d) Effective date The amendments made by this subsection shall apply to returns, amendments, and supplements filed (and failures to file returns which occur) after the date of the enactment of this Act (and to reports and audit materials with respect to such returns, amendments, supplements, and failures). 3. Additional disclosure of tax returns by Presidents and certain Presidential candidates (a) In general (1) Disclosure requirement Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) by inserting after section 102 the following: 102A. Disclosure of tax returns (a) Definitions In this section: (1) Applicable income tax return (A) In general The term applicable income tax return section 6103(b) (i) a covered candidate or covered individual; (ii) an individual who is married (within the meaning of section 7703(a) (iii) any corporation or partnership that was controlled (as determined under section 7613(c)(3) (iv) the estate of any person described in clause (i) or (ii) or any estate with respect to which any person described in clause (i), (ii), or (iii) is an executor or beneficiary at any time during the taxable year; and (v) any trust with respect to which any person described in clause (i), (ii), (iii), or (iv) is a grantor, fiduciary, or beneficiary, or for which another trust described in this clause is a grantor or beneficiary, at any time during the taxable year. (B) Inclusion of certain documents Such term shall include any schedule, attachment, or other document filed with such return. (2) Covered candidate The term covered candidate (A) required to file a report under section 101(c); and (B) who is nominated by a major party as a candidate for the office of President, regardless of whether the individual is nominated after May 15 of an applicable year. (3) Covered individual The term covered individual (A) a President required to file a report under subsection (a) or (d) of section 101; and (B) an individual who occupies the office of the President required to file a report under section 101(e). (4) Major party The term major party section 9002 (b) Disclosure (1) Covered individuals (A) In general In addition to the information described in subsections (a) and (b) of section 102, a covered individual shall include in each report required to be filed under this title a copy of all applicable income tax returns for the 3 most recent taxable years for which a return has been filed with the Internal Revenue Service as of the date on which the report is filed. (B) Failure to disclose If an income tax return is not disclosed under subparagraph (A), the Director of the Office of Government Ethics shall submit to the Secretary of the Treasury a request that the Secretary of the Treasury provide the Director of the Office of Government Ethics with a copy of the income tax return. (C) Publicly available Each income tax return submitted under this paragraph shall be filed with the Director of the Office of Government Ethics and made publicly available in the same manner as the information described in subsections (a) and (b) of section 102. (D) Redaction of certain information Before making any income tax return submitted under this paragraph available to the public, the Director of the Office of Government Ethics shall redact such information as the Director of the Office of Government Ethics, in consultation with the Secretary of the Treasury (or a delegate of the Secretary), determines appropriate. (2) Covered candidates (A) In general Not later than 15 days after the date on which a covered candidate is nominated, the covered candidate shall amend the report filed by the covered candidate under section 101(c) with the Federal Election Commission to include a copy of the applicable income tax returns for the 3 most recent taxable years for which a return has been filed with the Internal Revenue Service. (B) Failure to disclose If an applicable income tax return is not disclosed under subparagraph (A), the Federal Election Commission shall submit to the Secretary of the Treasury a request that the Secretary of the Treasury provide the Federal Election Commission with the applicable income tax return. (C) Publicly available Each applicable income tax return submitted under this paragraph shall be filed with the Federal Election Commission and made publicly available in the same manner as the information described in section 102(b). (D) Redaction of certain information Before making any applicable income tax return submitted under this paragraph available to the public, the Federal Election Commission shall redact such information as the Federal Election Commission, in consultation with the Secretary of the Treasury (or a delegate of the Secretary) and the Director of the Office of Government Ethics, determines appropriate. (3) Special rule with respect to returns disclosed under other authority For purposes of this subsection, in the case of any applicable income tax return which has been made publicly available pursuant to section 6103(q) ; and (B) in section 104— (i) in subsection (a)— (I) in paragraph (1), in the first sentence, by inserting or any individual who knowingly and willfully falsifies or who knowingly and willfully fails to file an applicable income tax return that such individual is required to disclose pursuant to section 102A (II) in paragraph (2)(A)— (aa) in clause (i), by inserting or falsify any applicable income tax return that such person is required to disclose under section 102A (bb) in clause (ii), by inserting or fail to file any applicable income tax return that such person is required to disclose under section 102A (ii) in subsection (b), in the first sentence by inserting or willfully failed to file or has willfully falsified an applicable income tax return required to be disclosed under section 102A (iii) in subsection (c), by inserting or failing to file or falsifying an applicable income tax return required to be disclosed under section 102A (iv) in subsection (d)(1)— (I) in the matter preceding subparagraph (A), by inserting or files an applicable income tax return required to be disclosed under section 102A title (II) in subparagraph (A), by inserting or such applicable income tax return, as applicable, report (2) Special rule for individuals who are covered candidates on date of enactment In the case of any individual who is a covered candidate (as defined in section 102A of the Ethics in Government Act of 1978, as added by paragraph (1)) on the date of the enactment of this Act, section 102A(b)(2)(A) shall be applied by substituting 30 days after the date of the enactment of the Presidential Audit and Tax Transparency Act 15 days after the date on which a covered candidate is nominated (b) Authority To disclose information (1) In general Section 6103(l) (23) Disclosure of return information of Presidents and certain Presidential candidates under Ethics in Government Act of 1978 (A) Disclosure of returns of Presidents (i) In general The Secretary shall, upon written request from the Director of the Office of Government Ethics pursuant to section 102A(b)(1)(B) (ii) Disclosure to public The Director of the Office of Government Ethics may disclose to the public any applicable income tax return required to be submitted to the Director pursuant to section 102A(b)(1) of the Ethics in Government Act of 1978. (B) Disclosure of returns of certain candidates for President (i) In general The Secretary shall, upon written request from the Chairman of the Federal Election Commission pursuant to section 102A(b)(2)(B) of the Ethics in Government Act of 1978, provide to officers and employees of the Federal Election Commission a copy of each applicable income tax return with respect to any covered candidate who has been identified in such request. (ii) Disclosure to public The Federal Election Commission may disclose to the public any applicable income tax return required to be filed with the Commission pursuant to section 102A(b)(2) of the Ethics in Government Act. (C) Definitions For purposes of this paragraph, the terms applicable income tax return covered individual covered candidate . (2) Conforming amendments Section 6103(p)(4) or (22) (22), or (23)

Presidential Audit and Tax Transparency Act

Protect Access to Justice for Veterans Act of 2023 This bill limits attorneys' fees for claims involving individuals who were exposed to contaminated water at Camp Lejeune in North Carolina between August 1, 1953, and December 31, 1987. Further, the bill requires an attorney representing an individual for such a claim to disburse the funds from any judgment or award to that individual before collecting any compensation for services rendered. The bill establishes certain penalties for violations.

117 S1275 IS: Protect Access to Justice for Veterans Act of 2023 U.S. Senate 2023-04-25 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 118th CONGRESS 1st Session S. 1275 IN THE SENATE OF THE UNITED STATES April 25, 2023 Mr. Durbin Mr. Blumenthal Mr. Merkley Mr. Welch Committee on the Judiciary A BILL To impose limitations on attorney fees for Federal causes of action relating to water at Camp Lejeune, North Carolina, and for other purposes. 1. Short title This Act may be cited as the Protect Access to Justice for Veterans Act of 2023 2. Limitation on attorney fees for Federal cause of action relating to water at Camp Lejeune, North Carolina Section 804 of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022 ( Public Law 117–168 28 U.S.C. 2671 (k) Attorney fees (1) Limitations No legal representative of an individual who brings an action under subsection (b) or who presents a claim under section 2675 of title 28, United States Code, pursuant to subsection (h) shall charge, demand, receive, or collect for services rendered in bringing such action or presenting such claim, fees in excess of— (A) 20 percent of an award, compromise, or settlement made or reached within 180 days after presenting a claim under section 2675 of title 28, United States Code, pursuant to subsection (h); and (B) 33.3 percent on a claim that is resolved by settlement, compromise, or judgement after the initiation of an action. (2) Terms for payment of fees Any judgment rendered, settlement entered, compromise made, or other award made with respect to an action brought under subsection (b) or a claim presented under section 2675 of title 28, United States Code, pursuant to subsection (h) by a legal representative of an individual shall require the following: (A) All funds from the judgment, settlement, compromise, or other award shall be deposited into an account held in trust for the individual in accordance with all applicable provisions of State law. (B) The legal representative shall— (i) once any funds described in subparagraph (A) have been deposited into an account pursuant to such subparagraph, notify the individual of such deposit; and (ii) promptly deliver to such individual such amount of such funds as the individual is entitled to receive. (C) That no funds shall be paid from the account described in subparagraph (A) to a legal representative of the individual as compensation for services rendered to such individual until the relevant funds from such account have been disbursed to the individual in accordance with subparagraph (B). (3) Penalties (A) Fee limitations Any legal representative who charges, demands, receives, or collects for services rendered in connection with an action under subsection (b) or a claim under section 2675 of title 28, United States Code, pursuant to subsection (h), any amount in excess of that allowed under paragraph (1) of this subsection, if recovery be had, shall be fined not more than $5,000. (B) Terms for payment Failure of a legal representative subject to paragraph (2) to comply with a requirement of such paragraph shall be punishable consistent with the penalties provided in section 2678 of title 28, United States Code. (4) Rule of construction Nothing in this subsection shall be construed to annul, alter, affect, or exempt any person from complying with the laws of any State or locality with respect to the practice of law, except to the extent that those laws are inconsistent with any provision of this subsection, and then only to the extent of the inconsistency. .

Protect Access to Justice for Veterans Act of 2023

Helping to Encourage Real Opportunities (HERO) for Youth Act of 2023 This bill modifies the work opportunity tax credit to (1) change the credit for summer youth employees to a credit for youth employees who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which the youth employee is attending any secondary school, (2) increase the amount of the credit for youth employees, and (3) expand the credit to include disconnected youth. The bill defines disconnected youth to include any individual who (1) is certified as having attained age 16 but not age 25 on the hiring date; and (2) has self-certified as not having regularly attended any secondary, technical, or post-secondary school during the 6-month period preceding the hiring date, has not been regularly employed during such period, and is not readily employable due to a lack of basic skills. The term also includes individuals who have been certified (1) as having attained age 16 but not age 21 on the hiring date, and (2) as eligible foster children in foster care during the 12-month period ending on the hiring date.

118 S1276 IS: Helping to Encourage Real Opportunities (HERO) for Youth Act of 2023 U.S. Senate 2023-04-25 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 118th CONGRESS 1st Session S. 1276 IN THE SENATE OF THE UNITED STATES April 25, 2023 Mr. Durbin Ms. Duckworth Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the work opportunity credit for certain youth employees. 1. Short title This Act may be cited as the Helping to Encourage Real Opportunities (HERO) for Youth Act of 2023 2. Modification and extension of work opportunity credit for certain youth employees (a) Expansion of credit for summer youth (1) Credit allowed for year-round employment Section 51(d)(7)(A) (A) by striking clauses (i) and (iii) and redesignating clauses (ii) and (iv) as clauses (i) and (ii), respectively; (B) in clause (i) (as so redesignated), by striking (or if later, on May 1 of the calendar year involved), (C) by striking the period at the end of clause (ii) (as so redesignated) and inserting , and (D) adding at the end the following new clause: (iii) who will be employed for not more than 20 hours per week during any period between September 16 and April 30 in which such individual is regularly attending any secondary school. . (2) Increase in credit amount Section 51(d)(7) (3) Conforming amendments (A) Subparagraph (F) of section 51(d)(1) summer (B) Paragraph (7) of section 51(d) of such Code is amended— (i) by striking summer (ii) in subparagraph (B), as redesignated by paragraph (2), by striking subparagraph (A)(iv) subparagraph (A)(ii) (iii) by striking summer (b) Credit for disconnected youth (1) In general Paragraph (1) of section 51(d) or , or (K) an disconnected youth. . (2) Disconnected youth Paragraph (14) of section 51(d) of such Code is amended to read as follows: (14) Disconnected youth The term disconnected youth (A) (i) is certified by the designated local agency as having attained age 16 but not age 25 on the hiring date, and (ii) has self-certified (on a form prescribed by the Secretary) that such individual— (I) has not regularly attended any secondary, technical, or post-secondary school during the 6-month period preceding the hiring date, (II) has not been regularly employed during such 6-month period, and (III) is not readily employable by reason of lacking a sufficient number of basic skills, or (B) is certified by the designated local agency as— (i) having attained age 16 but not age 21 on the hiring date, and (ii) an eligible foster child (as defined in section 152(f)(1)(C)) who was in foster care during the 12-month period ending on the hiring date. . (c) Effective date The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act.

Helping to Encourage Real Opportunities (HERO) for Youth Act of 2023

Mammoth Cave National Park Boundary Adjustment Act of 2023 This bill authorizes the Department of the Interior to acquire specified acres of land for inclusion in the Mammoth Cave National Park in Kentucky.

118 S1277 IS: Mammoth Cave National Park Boundary Adjustment Act of 2023 U.S. Senate 2023-04-25 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 118th CONGRESS 1st Session S. 1277 IN THE SENATE OF THE UNITED STATES April 25, 2023 Mr. McConnell Committee on Energy and Natural Resources A BILL To modify the boundary of the Mammoth Cave National Park in the State of Kentucky, and for other purposes. 1. Short title This Act may be cited as the Mammoth Cave National Park Boundary Adjustment Act of 2023 2. Mammoth Cave National Park boundary modification Section 11 of the Act of June 5, 1942 (56 Stat. 319, chapter 341; 16 U.S.C. 404c–11 (1) in the second paragraph, by striking the sum of not to exceed such sums as are necessary. (2) by inserting after the second paragraph the following: The Secretary of the Interior may acquire approximately 980 acres of the land and any interests in the land generally depicted on the map entitled Mammoth Cave National Park Proposed Southern Boundary Expansion Edmonson and Barren Counties, Kentucky .

Mammoth Cave National Park Boundary Adjustment Act of 2023

Nogales Wastewater Improvement Act of 2023 This bill establishes requirements to address wastewater from the International Outfall Interceptor, which is a pipeline that carries wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant. The plant, which is located in Rio Rico, Arizona, treats sewage and wastewater originating from Nogales, Mexico, and Nogales, Arizona. The bill transfers the ownership, operations, and maintenance of the pipeline from the city of Nogales, Arizona, to the U.S. Section of the International Boundary and Water Commission. The commission must construct, operate, and maintain a debris screen at the pipeline's Manhole One for intercepting debris and drugs coming into the United States from Nogales, Mexico. The bill also limits the portion of the costs that the city of Nogales, Arizona, must pay for the Nogales sanitation project.

118 S128 IS: Nogales Wastewater Improvement Act of 2023 U.S. Senate 2023-01-30 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. 128 IN THE SENATE OF THE UNITED STATES January 30, 2023 Ms. Sinema Mr. Kelly Committee on Foreign Relations A BILL To provide for the assumption of full ownership and control of the International Outfall Interceptor in Nogales, Arizona, by the International Boundary and Water Commission, and for other purposes. 1. Short title This Act may be cited as the Nogales Wastewater Improvement Act of 2023 2. Nogales wastewater improvement (a) Amendment to the Act of July 27, 1953 The first section of the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 : Provided further (b) Nogales sanitation project (1) Definitions In this subsection: (A) City The term City (B) Commission The term Commission (C) International Outfall Interceptor The term International Outfall Interceptor (D) Nogales International Wastewater Treatment Plant The term Nogales International Wastewater Treatment Plant (i) is operated by the Commission; (ii) is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and (iii) treats sewage and wastewater originating from— (I) Nogales, Sonora, Mexico; and (II) Nogales, Arizona. (2) Ownership and control (A) In general Subject to subparagraph (B) and in accordance with authority under the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 et seq. (B) Agreements required The Commission shall assume full ownership and control over the International Outfall Interceptor under subparagraph (A) after all applicable governing bodies in the State of Arizona, including the City, have— (i) signed memoranda of understanding granting to the Commission access to existing easements for a right of entry to the International Outfall Interceptor for the life of the International Outfall Interceptor; (ii) entered into an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and (iii) agreed to work in good faith to expeditiously enter into such other agreements as are necessary for the Commission to operate and maintain the International Outfall Interceptor. (3) Operations and maintenance (A) In general Beginning on the date on which the Commission assumes full ownership and control of the International Outfall Interceptor under paragraph (2)(A), but subject to paragraph (5), the Commission shall be responsible for the operations and maintenance of the International Outfall Interceptor. (B) Authorization of appropriations There are authorized to be appropriated to the Commission to carry out this paragraph, to remain available until expended— (i) $6,500,000 for fiscal year 2025; and (ii) not less than $2,500,000 for fiscal year 2026 and each fiscal year thereafter. (4) Debris screen (A) Debris screen required (i) In general The Commission shall construct, operate, and maintain a debris screen at Manhole One of the International Outfall Interceptor for intercepting debris and drug bundles coming to the United States from Nogales, Sonora, Mexico. (ii) Requirement In constructing and operating the debris screen under clause (i), the Commission and the Commissioner of U.S. Customs and Border Protection shall coordinate— (I) the removal of drug bundles and other illicit goods caught in the debris screen; and (II) other operations at the International Outfall Interceptor that require coordination. (B) Authorization of appropriations There are authorized to be appropriated to the Commission, to remain available until expended— (i) for fiscal year 2025— (I) $8,000,000 for construction of the debris screen described in subparagraph (A)(i); and (II) not less than $1,000,000 for the operations and maintenance of the debris screen described in subparagraph (A)(i); and (ii) not less than $1,000,000 for fiscal year 2026 and each fiscal year thereafter for the operations and maintenance of the debris screen described in subparagraph (A)(i). (5) Limitation of claims Chapter 171 section 1346(b) Federal Tort Claims Act (c) Effective date This section (including the amendments made by this section) takes effect on October 1, 2024.

Nogales Wastewater Improvement Act of 2023

Testing, Rapid Analysis, and Narcotic Quality Research Act of 2023 or the TRANQ Research Act of 2023 This bill requires the National Institute of Standards and Technology (NIST) to support research and other activities related to identifying xylazine (a compound used in veterinary medicine as a nonopioid tranquilizer), novel synthetic opioids, and other new psychoactive substances. In particular, NIST must support basic measurement science and research, including graduate and postgraduate research; near-real time spectrometry capabilities (i.e., a technique for rapidly identifying the chemical composition of a substance); strategies and voluntary best practices for handling, transporting, and analyzing such substances; and collaboration with other government agencies, institutions of higher education, and the private sector to enhance relevant narcotic and opioid detection and analysis capabilities. The Government Accountability Office must evaluate the capability of the federal government to respond to the threats posed by new psychoactive substances like xylazine, including with respect to available technology and laboratories.

118 S1280 IS: Testing, Rapid Analysis, and Narcotic Quality Research Act of 2023 U.S. Senate 2023-04-25 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 118th CONGRESS 1st Session S. 1280 IN THE SENATE OF THE UNITED STATES April 25, 2023 Mr. Cruz Mr. Welch Committee on Commerce, Science, and Transportation A BILL To require coordinated National Institute of Standards and Technology science and research activities regarding illicit drugs containing xylazine, novel synthetic opioids, and other substances of concern, and for other purposes. 1. Short title This Act may be cited as the Testing, Rapid Analysis, and Narcotic Quality Research Act of 2023 TRANQ Research Act of 2023 2. Xylazine detection and analysis (a) Definitions In this section: (1) Director The term Director (2) Federal laboratory The term Federal laboratory 15 U.S.C. 3703 (3) Institute The term Institute (4) Institution of higher education The term institution of higher education 19 U.S.C. 1001 (5) Nonprofit organization The term nonprofit organization section 501(c)(3) (6) Xylazine The term xylazine (b) In general The Director shall— (1) support intramural basic measurement science and research of the Institute to advance— (A) analytical methods to identify, understand, differentiate, and categorize illicit drugs containing xylazine, novel synthetic opioids, or other emerging substances of concern; (B) measurement technologies to shorten analysis timelines and enhance narcotic and opioid detection and analysis capabilities in illicit drugs; (C) new data tools, techniques, and processes to identify and publicly disclose relevant information concerning illicit drugs containing xylazine, novel synthetic opioids, or other emerging substances of concern; and (D) all other areas determined by the Director to be critical to the development and deployment of technologies to measure and analyze the presence of xylazine, novel synthetic opioids, and other emerging substances of concern in illicit drugs; (2) support activities to inform and expand the development of near-real time spectrometry capabilities regarding xylazine, novel synthetic opioids, and other emerging compounds in illicit drugs; (3) convene the private sector, institutions of higher education, nonprofit organizations, Federal laboratories, and other Federal agencies engaged in the analysis of illicit drugs to develop coordinated strategies and voluntary best practices for the safe handling, transport, and analysis of illicit drugs containing xylazine, novel synthetic opioids, or other emerging substances of concern; (4) establish or expand collaborative partnerships or consortia with other government agencies engaged in counternarcotic research and development, institutions of higher education, Federal laboratories, and the private sector to enhance narcotic and opioid detection and analysis capabilities regarding xylazine, novel synthetic opioids, and other emerging substances of concern in illicit drugs; and (5) provide opportunities for graduate and postgraduate research on the detection and identification of xylazine, novel synthetic opioids, and other emerging substances of concern in illicit drugs. (c) Controls In carrying out activities under this section, the Director shall ensure proper security controls are implemented to protect sensitive information, as appropriate. (d) Report Not later than 1 year after the date of the enactment of this Act, the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the implementation of this section. Such report may include recommendations for legislative action to improve the ability of the Director to carry out this section.

Testing, Rapid Analysis, and Narcotic Quality Research Act of 2023

Mining Regulatory Clarity Act of 2023 This bill sets forth a process to allow mine operations to use, occupy, and conduct operations (e.g., construction of roads and other mining infrastructure activity) on public land regardless of whether a mineral deposit has been discovered on the land.

118 S1281 IS: Mining Regulatory Clarity Act of 2023 U.S. Senate 2023-04-25 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 118th CONGRESS 1st Session S. 1281 IN THE SENATE OF THE UNITED STATES April 25, 2023 Ms. Cortez Masto Mr. Risch Mr. Crapo Ms. Sinema Ms. Rosen Committee on Energy and Natural Resources A BILL To amend the Omnibus Budget Reconciliation Act of 1993 to provide for security of tenure for use of mining claims for ancillary activities, and for other purposes. 1. Short title This Act may be cited as the Mining Regulatory Clarity Act of 2023 2. Use of mining claims for ancillary activities Section 10101 of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f (e) Security of tenure (1) Claimant rights (A) Definition of Operations In this paragraph, the term operations (i) with respect to a locatable mineral, any activity or work carried out in connection with— (I) prospecting; (II) exploration; (III) discovery and assessment; (IV) development; (V) extraction; or (VI) processing; (ii) the reclamation of an area disturbed by an activity described in clause (i); and (iii) any activity reasonably incident to an activity described in clause (i) or (ii), regardless of whether that incidental activity is carried out on a mining claim, including the construction and maintenance of any road, transmission line, pipeline, or any other necessary infrastructure or means of access on public land for a support facility. (B) Rights to use, occupation, and operations A claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— (i) the claimant makes a timely payment of the location fee required by section 10102 and the claim maintenance fee required by subsection (a); or (ii) in the case of a claimant who qualifies for a waiver under subsection (d)— (I) the claimant makes a timely payment of the location fee required by section 10102; and (II) the claimant complies with the required assessment work under the general mining laws. (2) Fulfillment of Federal Land Policy and Management Act of 1976 A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy any requirements under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (3) Savings clause Nothing in this subsection diminishes any right (including a right of entry, use, or occupancy) of a claimant. .

Mining Regulatory Clarity Act of 2023

National Taxpayer Advocate Enhancement Act of 2023 This bill grants the National Taxpayer Advocate the authority to appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate.

105 S1283 IS: Taxpayer Advocate Enhancement Act U.S. Senate 2023-04-25 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 118th CONGRESS 1st Session S. 1283 IN THE SENATE OF THE UNITED STATES April 25, 2023 Mr. Cardin Mr. Cassidy Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to conform to the intent of the Internal Revenue Service Restructuring and Reform Act of 1998 ( Public Law 105–206 1. Short title This Act may be cited as the Taxpayer Advocate Enhancement Act 2. Counsel in the Office of the Taxpayer Advocate Section 7803(c)(2)(D)(i) (1) in subclause (I), by striking and (2) in subclause (II), by striking the period at the end and inserting ; and (3) by adding at the end the following: (III) appoint counsel in the Office of the Taxpayer Advocate to report directly to the National Taxpayer Advocate. .

Taxpayer Advocate Enhancement Act

Food Labeling Modernization Act of 2023 This bill imposes additional labeling requirements for food and addresses related issues. A food intended for human consumption must include on its principal display panel a summary of nutritional information using a system that (1) clearly distinguishes between products of greater or lesser nutritional value; and (2) uses standardized symbols to provide information about products that are high in certain substances, such as saturated fats. The Food and Drug Administration (FDA) must promulgate regulations establishing the requirements for such a system. Labels that use certain terms, such as whole wheat, fruit, or vegetable, must include additional information, such as the amount or quantity of that item in the food. The FDA must promulgate certain regulations relating to the use of the terms natural or healthy on food labels. The bill also imposes labeling requirements for certain foods that contain added coloring, added flavoring, phosphorus, caffeine, gluten, allulose, polydextrose, sugar alcohols, or isolated fibers. The FDA may, by regulation, deem a food ingredient to be a major food allergen. The FDA must also impose certain restrictions on the types of beverages that may be identified as infant formula or formula. The FDA must require food manufacturers to submit all information on the label of a food offered for sale in package form and update such submissions as necessary. The information must be made available in a public database on the FDA's website.

118 S1289 IS: Food Labeling Modernization Act of 2023 U.S. Senate 2023-04-26 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. 1289 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Blumenthal Mr. Whitehouse Mr. Markey Mr. Booker Mr. Cardin Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to strengthen requirements related to nutrient information on food labels, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Food Labeling Modernization Act of 2023 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Additional requirements for front-of-package labeling for foods. Sec. 3. Claims for conventional foods. Sec. 4. Use of specific terms. Sec. 5. Format of ingredient list. Sec. 6. Declaration of phosphorus in the ingredient list. Sec. 7. Caffeine content on information panel. Sec. 8. Food allergen labeling. Sec. 9. Information about major food allergens and gluten-containing grains. Sec. 10. Submission and availability of food label information. Sec. 11. Standards of identity. Sec. 12. Study on fortification of corn masa flour. Sec. 13. Sugar alcohols and isolated fibers. Sec. 14. Infant and toddler beverages. Sec. 15. Formatting of information on principal display panels. Sec. 16. Sale of food online. Sec. 17. Definitions. Sec. 18. Regulations; delayed applicability. 2. Additional requirements for front-of-package labeling for foods (a) Interpretive nutrition information Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 (z) (1) Except as provided in subparagraphs (3), (4), and (5) of paragraph (q), if it is food (other than a dietary supplement) intended for human consumption and is offered for sale and otherwise required to bear nutrition labeling, unless its principal display panel bears interpretive nutrition information. (2) Final regulations regarding the interpretive nutrition information required under subparagraph (1) shall meet the following criteria: (A) There shall be a standardized symbol system that displays calorie information related to the serving size determined under paragraph (q)(1)(A), and interpretive nutrition information related to the content of added sugars, sodium, saturated fat, and any other nutrients that the Secretary determines the highlighting of which will assist consumers in maintaining healthy dietary practices, including by highlighting products containing high levels of such nutrients. (B) The system shall clearly distinguish between products of greater or lesser nutritional value. (C) The information shall— (i) appear in a consistent location on the principal display panels across products; (ii) have a prominent design that visually contrasts with existing packaging design; and (iii) be sufficiently large to be easily legible. (3) In promulgating regulations regarding the interpretive nutrition information required under subparagraph (1) and the standardized symbol system required under subparagraph (2)(A), the Secretary shall take into account published reports by the Health and Medicine Division of the National Academy of Sciences, Engineering, and Medicine regarding interpretive nutrition information, and base regulations on the following principles: (A) Consumers should be able to quickly and easily comprehend the meaning of the system as an indicator of a product’s contribution to a healthy diet without requiring specific or sophisticated nutritional knowledge. (B) The nutrition information should be consistent with the Nutrition Facts Panel and with the recommendations of the Dietary Guidelines for Americans. (C) The information should aim to facilitate consumer selection of healthy product options, including among nutritionally at-risk subpopulations. (4) The Secretary should periodically evaluate the standardized symbol system required under subparagraph (2)(A) to assess its effectiveness in facilitating consumer selection of healthy product options and the extent to which manufacturers are offering healthier products as a result of the disclosure. (5) The implementation of this paragraph should be accompanied by appropriate consumer education and promotion campaigns determined by the Secretary. . (b) Percentage of wheat and grains in grain-Based products, and amount of real fruit, vegetable, and yogurt in products bearing fruit, vegetable, and yogurt claims Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (a), is further amended by adding at the end the following: (aa) If, in the case of food other than a dietary supplement, the principal display panel bears— (1) the term whole wheat whole grain made with whole grain multigrain (2) a declaration of the whole grain content by weight; (3) the term wheat (4) any similar descriptive phrases, terms, or representations suggesting the product contains whole grains, unless the amounts of whole grains and refined grains, expressed as a percentage of total grains, are conspicuously disclosed in immediate proximity to the most prominent descriptive phrase, term, or representation using a font color and formatting of equivalent prominence to the descriptive phrase, term, or representation with respect to whole grain content, or unless 100 percent of the grains in the food are whole grains. (bb) (1) If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the term fruit fruity froot frooty fruit-flavored (B) representations, depictions, or images of such ingredients; or (C) any similar descriptive phrases, terms, or representations suggesting the product contains fruit or any specific type of fruit, unless the quantity per serving and form of fruit, including only the nutrient-dense forms, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of fruit. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of fruit. (3) In this paragraph, the term nutrient-dense (cc) (1) If, in the case of food other than a dietary supplement, the principal display panel bears— (A) the term vegetable veggie (B) representations, depictions, or images of such ingredients; or (C) any similar descriptive phrases, terms, or representations suggesting the product contains vegetables or any specific type of vegetable, unless the quantity per serving and form of vegetable, including only the nutrient-dense form, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of vegetable. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of vegetable. (3) In this paragraph, the term nutrient-dense (dd) (1) If, in the case of food other than a dietary supplement, the principal display panel bears the term yogurt (A) the quantity per serving of yogurt is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, in immediate proximity to the term; or (B) the first ingredient is cultured milk, cultured cream, cultured partially skimmed milk, or cultured skim milk. (2) The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of yogurt. . (c) Coloring and flavoring Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b), is further amended by adding at the end the following: (ee) If, in the case of food other than a dietary supplement, it bears or contains any artificial dye, or any added artificial or natural flavoring, unless such fact is prominently stated on the principal display panel of the packaging of the food. For the purposes of this paragraph, the term artificial dye . (d) Sweeteners (1) In general Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (c), is further amended by adding at the end the following: (ff) If, in the case of food other than a dietary supplement, it bears or contains any added artificial or natural noncaloric sweetener, unless such fact is prominently stated on the principal display panel of the packaging of the food. . (2) Report (A) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the Secretary (i) evaluates whether— (I) manufacturers have increased the use of low- and no-calorie sweeteners; and (II) the use of low- and no-calorie sweeteners has risen to a level that could result in negative health consequences; and (ii) describes actions that will be taken by the Secretary to address any increased use of low- and no-calorie sweeteners. (B) Monitoring On completion of the report described in subparagraph (A), the Secretary shall— (i) periodically monitor for increased use of low- and no-calorie sweeteners; and (ii) take action to address the use of low- and no-calorie sweeteners if the use has risen to a level that could result in negative health consequences. (e) Construction Nothing in this section, including any amendment made by this section, shall be construed as— (1) affecting any requirement in regulation in effect as of the date of the enactment of this Act with respect to matters that are required to be stated on the principal display panel of a package or container of food that is not required by an amendment made by this section; or (2) restricting the authority of the Secretary of Health and Human Services to require additional information be disclosed on such a principal display panel. 3. Claims for conventional foods (a) Health-Related claims (1) In general Section 403(r)(1)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(1)(B) health-related condition , describes the effect that a nutrient may have on the structure or function of the human body, characterizes the documented mechanism by which that nutrient acts to maintain such structure or function, or describes general well-being from consumption of that nutrient, (2) Substantiation of claim Section 403(r) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r) (A) by redesignating subparagraph (7) as subparagraph (8); and (B) by inserting after subparagraph (6) the following: (7) If the Secretary requests that a claim under subparagraph (1)(B) for food (other than a dietary supplement) be substantiated, then not later than 90 days after the date on which the Secretary makes such request, the manufacturer shall provide to the Secretary all documentation in the manufacturer's possession relating to the claim. . (3) Incompatible with maintaining healthy dietary practices Section 403(r)(3)(A)(ii) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2)(B) increases to persons in the general population the risk of a disease or health-related condition which is diet related may not be compatible with maintaining healthy dietary practices (b) Nutrient content claims (1) In general Section 403(r)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2) (B) If a claim described in subparagraph (1)(A) is made with respect to a nutrient in a food and the Secretary makes a determination that the food contains a nutrient at a level that may not be compatible with maintaining healthy dietary practices, the label or labeling of such food shall contain, prominently and in immediate proximity to such claim, a statement which indicates the food is high in such nutrient. . (2) Revisions to regulations In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise section 101.13(h) of title 21, Code of Federal Regulations, by— (A) updating the level of sodium requiring disclosure to align with the Daily Reference Value for sodium established in the final rule entitled Food Labeling: Revision of the Nutrition and Supplement Facts Labels (B) including a level of added sugars requiring disclosure based on the Daily Reference Value for added sugars established in the final rule described in subparagraph (A); (C) eliminating the requirement that meal products containing more than 26 grams of fat and main dish products containing 19.5 grams of fat per labeled serving must disclose that fat is present in the food; and (D) authorizing the use of express and implied low added sugar (c) Trans fats Section 403(r)(2)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(r)(2)(A) (1) by redesignating subclauses (v) and (vi) as subclauses (vi) and (vii), respectively; and (2) by inserting after subclause (iv) the following new subclause: (v) may not be made with respect to the level of trans fats in the food, except on the Nutrition Facts Panel, unless the food contains less than one gram of saturated fat per serving or, if the food contains more than one gram of saturated fat per serving, unless the label or labeling of the food discloses the level of saturated fat in the food in immediate proximity to such claim and with appropriate prominence which shall be no less than one-half the size of the claim with respect to the level of trans fats, . (d) Added sugars Not more than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate a final rule revising section 101.14 of title 21, Code of Federal Regulations, to include a disqualifying nutrient level for added sugars. 4. Use of specific terms (a) Use of the term natural (1) In general In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include regulations— (A) relating to use of the term natural (B) specifically addressing the use of such term on the principal display panel and the information panel; and (C) requiring that any such use includes a prominent disclosure explaining what the term natural (2) Definition The regulations promulgated pursuant to paragraph (1) shall define the term natural (A) to exclude, at a minimum, the use of any artificial food or ingredient (including any artificial flavor or added color); and (B) based on data, including data on consumers’ understanding of the term as used in connection with food. (3) Process In promulgating the regulations required by paragraph (1), the Secretary of Health and Human Services shall— (A) conduct consumer surveys and studies and issue a timely call for relevant public submissions regarding relevant consumer research, including with respect to consumer understanding of the term natural organic (B) fully consider the results of such surveys and studies, as well as such public submissions. (b) Use of term healthy (1) Added sugars and whole grains (A) In general In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include regulations to revise the regulations under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. healthy (B) Requirement In making the revisions required by subparagraph (A) in the case of a food (other than a dietary supplement) that contains grains, the Secretary of Health and Human Services shall not consider the food to be healthy (2) Sodium In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise the regulations under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. healthy (3) Principles for implementing regulations In promulgating regulations under paragraphs (1) and (2) regarding the use of the term healthy (A) consider both food and nutrient criteria; and (B) if requiring food labeled as healthy (i) consider only ingredients that make up the core of a healthy eating pattern; and (ii) consider these ingredients only in their nutrient-dense forms (as such term in defined in paragraphs (bb) and (cc) of section 403 of the Federal Food, Drug, and Cosmetic Act, as added by section 2(b) of this Act). 5. Format of ingredient list (a) In general In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include requirements for the format of the information required under section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) (1) for the purpose of improving the readability of such information on the label of the food (other than a dietary supplement); and (2) that are, as determined by the Secretary, necessary to assist consumers in maintaining healthy dietary practices. (b) Format requirements The format requirements described in subsection (a) shall include requirements for font size, uppercase and lowercase characters, serif and noncondensed font types, high-contrast between text and background, and bullet points between adjacent ingredients with appropriate exemptions for small packages or other considerations. (c) Enforcement of ingredient list Not later than 2 years after the enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the Secretary’s enforcement of— (1) section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) (2) regulations of the Food and Drug Administration on labeling of ingredients in section 101.4 of title 21, Code of Federal Regulations. 6. Declaration of phosphorus in the ingredient list Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 (gg) If it is a food intended for human consumption that is offered for sale and contains phosphorus, unless— (1) the phrase contains phosphorus (2) the quantity of phosphorus contained in the product, in milligrams, is reported in the Nutrition Facts Panel. . 7. Caffeine content on information panel Section 403(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(i) (1) by striking and (2) (2) (2) by striking and if the food purports , (3) if the food purports (3) by inserting , and (4) if the food is food other than a dietary supplement and contains at least 10 milligrams of caffeine from all sources per serving, a statement (with appropriate prominence near the statement of ingredients required by this paragraph) of the number of milligrams of caffeine contained in one serving of the food and the size of such serving vegetable juice contained in the food 8. Food allergen labeling (a) In general Section 201(qq) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(qq) (3) Any other food ingredient that the Secretary determines by regulation to be a major food allergen, based on the prevalence and severity of allergic reactions to the food ingredient. . (b) Update to Compliance Policy Guide Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall update the Food and Drug Administration's Compliance Policy Guide, section 555.250, to conform with applicable laws related to major food allergens and gluten-containing grains, including requirements under sections 9 and 10 of this Act. 9. Information about major food allergens and gluten-containing grains (a) In general Section 403(w) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343(w) (1) in subparagraph (1)(A), by striking is printed immediately after or is adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under subsections (g) and (i) is printed as specified in subparagraph (8) (2) in subparagraph (1)(B), by striking in the list of ingredients required under subsections (g) and (i) as so printed (3) in subparagraph (3), by striking The information Subject to subparagraph (8)(B), the information (4) by adding at the end the following: (8) The information required by subparagraph (1) to be conveyed to the consumer shall be— (A) printed immediately after or adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under paragraphs (g) and (i); or (B) in the case of a nonpackaged food being offered for sale at retail, and not subject to the requirements of paragraphs (g) and (i), placed on a sign adjacent to the food (in a type size no smaller than the name of the food item). ; (5) by inserting or gluten-containing grain food allergen (6) in subparagraph (7)(A)— (A) by striking paragraph (6) subparagraph (6) (B) by striking allergen labeling requirements of this subsection allergen and gluten-containing grain labeling requirements of this paragraph (b) Hazard analysis and preventive controls Section 418 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350g (1) in subsection (b)(1)(A), by inserting gluten-containing grains, allergens, (2) in subsection (o)(3)(D), by inserting and gluten-containing grain allergen, (c) Inspections relating to food allergens Section 205 of the Food Allergen Labeling and Consumer Protection Act of 2004 ( 21 U.S.C. 374a and gluten-containing grains, allergens 10. Submission and availability of food label information The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 403C of such Act ( 21 U.S.C. 343–3 403D. Submission and availability of food label information (a) Submissions (1) Requirement The Secretary shall require the manufacturer or importer of any food that is introduced or delivered for introduction into interstate commerce in package form to submit to the Secretary all information to be included in the label of the food, including— (A) the nutrition facts panel; (B) the ingredients list; (C) an image of the principal display panel; (D) major allergens and gluten-containing grains; (E) claims under section 403(r)(1)(A) (commonly known as nutrient-content claims (F) claims under section 403(r)(1)(B) (commonly known as health-related claims (G) other relevant information required by law to be published in the labeling of the food. (2) Updates The Secretary shall require the manufacturer or importer of food to update or supplement the information submitted under paragraph (1) with respect to the food in order to keep the information up-to-date and complete. (3) Civil penalty Whoever knowingly violates paragraph (1) with respect to any food shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such violation continues with respect to such food. (b) Public database The Secretary shall establish and maintain a public database containing the information submitted under this section that— (1) is available to the public through the website of the Food and Drug Administration; and (2) allows members of the public to easily search and sort information. . 11. Standards of identity (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall— (1) review standards of identity prescribed by regulation which require foods to contain— (A) minimum levels of nutrients that the Secretary determines are strongly associated with public health concerns; or (B) minimum levels of ingredients containing high levels of such nutrients; and (2) report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the findings of such review. (b) Amendments In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall amend standards of identity regulations to— (1) provide for the use of salt substitutes where appropriate; and (2) require that yogurt, lowfat yogurt, and nonfat yogurt contain a minimum level of live and active cultures per gram. 12. Study on fortification of corn masa flour Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the effect of the final rule titled Food Additives Permitted for Direct Addition to Food for Human Consumption; Folic Acid 13. Sugar alcohols and isolated fibers Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 (hh) If it is a food intended for human consumption that is offered for sale and contains allulose, polydextrose, sugar alcohols, or isolated fibers, unless such fact is prominently stated on the principal display panel of the packaging of the food. The Secretary shall by regulation establish quantities above which such labeling shall include a warning that the food contains a level of allulose, polydextrose, sugar alcohols, or isolated fibers per serving determined by the Secretary to cause deleterious health effects. . 14. Infant and toddler beverages In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise— (1) section 101.3 of title 21, Code of Federal Regulations, to prohibit any beverage in powder or liquid form, other than infant formula, represented or purported to be for use by children more than 12 months old, from being identified as infant formula formula (2) part 102 of title 21, Code of Federal Regulations, so that— (A) in the case of any powdered or liquid milk-based beverage that claims to be for consumption by children 12 to 36 months of age, such beverage shall— (i) use as its common or usual name a descriptive term such as milk-based drink (ii) if the beverage contains added sugars, nonnutritive sweeteners, or flavorings, include in such common or usual name a qualifying term such as sweetened flavored (B) in the case of any powdered or liquid nondairy-milk-based beverage that claims to be for consumption by children 12 to 36 months of age, such beverage shall— (i) use as its common or usual name an appropriately descriptive term identifying the source of protein, such as soy-based drink powder for 12–36 month olds (ii) if the beverage contains added sugars, nonnutritive sweeteners, or flavorings, include in such common or usual name qualifying terms such as sweetened flavored (C) the labeling of a beverage described in subparagraph (A) or (B) shall— (i) contain a disclaimer that— (I) cautions against consumption of the beverage by infants, such as DO NOT SERVE TO INFANTS UNDER 12 MONTHS OLD (II) such beverages are not recommended for children 12 to 24 months of age and such consumption of such beverages is not required for a healthy diet, such as This product contains added sugars. The Dietary Guidelines for Americans recommend to avoid food and beverages with added sugars for children younger than 24 months of age. (ii) not contain any statement suggesting a recommended intake of such beverages, such as one cup a day 15. Formatting of information on principal display panels The Secretary of Health and Human Services shall— (1) not later than 2 years after the date of enactment of this Act, conduct a study on the legibility of food labeling to determine updated recommendations for text size and color contrast that make food labeling information visually accessible to the majority of consumers; (2) not later than 1 year after the completion of the study under paragraph (1), issue proposed regulations revising section 101.2(c) of title 21, Code of Federal Regulations, to— (A) set the scale of text size, taking into consideration the results of the study conducted under paragraph (1); and (B) establish new requirements for text and background color contrast, taking into consideration the results of the study conducted under paragraph (1); and (3) not later than 2 years after the completion of the study under paragraph (1), finalize such proposed regulations. 16. Sale of food online (a) In general Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 (ii) (1) If it is a food offered for sale online or by other remote written electronic means, unless all information required to appear on the label or labeling is available to consumers at the point of selection prior to purchasing the food. (2) The Secretary shall by regulation specify the format and manner in which the information required under subparagraph (1) is to be made available online to consumers. Such regulations shall include— (A) a requirement that the nutrition information shall be in the same format as the nutrition information required under paragraph (q); and (B) a requirement that the nutrition information required under paragraph (q), the ingredient information required under paragraphs (g) and (i), and the allergen information required under paragraph (w) shall— (i) appear on the first product information page that appears for the product on a mobile device, internet website, or other landing page; (ii) appear prominently and conspicuously (as compared with other words, statements, or designs on the mobile device, internet website, or other landing page) so as to render the information likely to be read and understood by the ordinary individual under customary conditions of online purchase; and (iii) not contain intervening marketing information. . (b) Prohibited acts (1) In general Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 (jjj) In the case of a person providing a platform for, or otherwise assisting, the sale of food online or by other remote written electronic means, the prevention by the person of the provision to consumers of information required under section 403(z) or the charging by such person of an additional fee for the provision of such information. . (2) Penalties Section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 (h) (1) Notwithstanding subsection (a), any person who violates section 301(jjj) shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding. (2) The Secretary shall provide the person subject to a penalty under paragraph (1) with a warning and opportunity to correct the violation prior to issuing the first civil penalty under that paragraph. (3) In determining the amount of a civil penalty under paragraph (1), the Secretary shall take into consideration whether the person is making efforts to correct the violation for which such person is subject to such civil penalty. (4) No person shall be subject to criminal penalties as described in subsection (a) for a violation of section 301(jjj). . (c) Civil monetary penalties for violation of requirements for sale of food online Section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 (i) (1) Notwithstanding subsection (a), any person who introduces into interstate commerce, delivers for introduction into interstate commerce, receives in interstate commerce, or manufactures a food that is misbranded as described in section 403(z), or misbrands the food as described in that section, shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation, and not to exceed $1,000,000 for all such violations adjudicated in a single proceeding. (2) The Secretary shall provide the person subject to a penalty under paragraph (1) with a warning and opportunity to correct the violation prior to issuing the first civil penalty under that paragraph. (3) In determining the amount of a civil penalty under paragraph (1), the Secretary shall take into consideration whether the person is making efforts to correct the violation for which such person is subject to such civil penalty. (4) No person shall be subject to criminal penalties as described in subsection (a) for a violation described in paragraph (1). . 17. Definitions (a) Definitions applicable in this Act In this Act, the terms food dietary supplement 21 U.S.C. 321 (b) Definitions applicable in the Federal Food, Drug, and Cosmetic Act Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 (tt) The term artificial (1) food or an ingredient that is synthetically produced whether or not it has the same chemical structure as a naturally occurring food or ingredient; (2) food or an ingredient that has undergone chemical changes through the introduction of synthetic chemicals or processing aids (such as corn syrup, high-fructose corn syrup, high-maltose corn syrup, maltodextrin, chemically modified starch, and cocoa processed with alkali), excluding— (A) food or an ingredient that has undergone traditional processes used to make food edible, to preserve food, or to make food safe for human consumption (such as smoking, roasting, freezing, drying, and fermenting processes); or (B) food or an ingredient that has undergone traditional physical processes that do not fundamentally alter the raw product or which only separate a whole intact food into component parts (such as grinding grains, separating eggs into albumen and yolk, or pressing fruits to produce juice); or (3) any food or ingredient that the Secretary specifies by regulation to be artificial for purposes of this Act. (uu) The term synthetic (vv) The term gluten-containing grains (1) Wheat, including any species belonging to the genus Triticum. (2) Rye, including any species belonging to the genus Secale. (3) Barley, including any species belonging to the genus Hordeum. (ww) The term gluten (1) naturally occur in a gluten-containing grain; and (2) may cause adverse health effects in persons with celiac disease. (xx) The term online (yy) The term online point of selection . 18. Regulations; delayed applicability (a) Regulations (1) Proposed regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue proposed regulations to carry out sections 2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) and the amendments made by such sections. (2) Final regulations Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall finalize the regulations proposed pursuant to paragraph (1). (3) Failure to issue final regulation If the Secretary of Health and Human Services does not issue a final regulation as required by paragraph (2) by the deadline specified in such paragraph, the corresponding proposed regulation shall become final on such deadline. (b) Delayed applicability The amendments made by sections 2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) apply beginning on the date that is 3 years after the date of enactment of this Act.

Food Labeling Modernization Act of 2023

Korematsu-Takai Civil Liberties Protection Act of 2023 This bill prohibits the detention or imprisonment of an individual based solely on an actual or perceived protected characteristic of the individual. The term protected characteristic includes each of the following: race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, and any additional characteristic that the Department of Justice determines to be a protected characteristic.

118 S129 IS: Korematsu-Takai Civil Liberties Protection Act of 2023 U.S. Senate 2023-01-30 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. 129 IN THE SENATE OF THE UNITED STATES January 30, 2023 Ms. Duckworth Ms. Hirono Mrs. Feinstein Mr. Booker Mr. Markey Mr. Durbin Ms. Warren Mr. Merkley Mr. Blumenthal Ms. Cortez Masto Mr. Padilla Mr. Coons Ms. Klobuchar Mr. Menendez Mr. Wyden Mr. Van Hollen Mrs. Murray Mr. Sanders Ms. Smith Mr. Whitehouse Mr. Reed Ms. Baldwin Mr. Casey Mr. Cardin Mr. Welch Mr. Kaine Committee on the Judiciary A BILL To ensure due process protections of individuals in the United States against unlawful detention based solely on a protected characteristic. 1. Short title This Act may be cited as the Korematsu-Takai Civil Liberties Protection Act of 2023 2. Prohibition against unlawful detention Section 4001 of title 18, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Prohibition on detention based on protected characteristics (1) Definition In this subsection, the term protected characteristic (A) Race. (B) Ethnicity. (C) National origin. (D) Religion. (E) Sex. (F) Gender identity. (G) Sexual orientation. (H) Disability. (I) Any additional characteristic that the Attorney General determines to be a protected characteristic. (2) Prohibition No individual may be imprisoned or otherwise detained based solely on an actual or perceived protected characteristic of the individual. (3) Rule of construction Nothing in this subsection shall be construed to allow the Attorney General to remove a characteristic described in subparagraphs (A) through (H) of paragraph (1). .

Korematsu-Takai Civil Liberties Protection Act of 2023

Supreme Court Code of Conduct Act This bill requires the Supreme Court to issue a code of conduct for the Chief Justice and Justices. The Supreme Court must publish the code of conduct on its website and designate an individual to process complaints of misconduct by the Chief Justice and Justices.

118 S1290 IS: Supreme Court Code of Conduct Act U.S. Senate 2023-04-26 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. 1290 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. King Ms. Murkowski Committee on the Judiciary A BILL To require the Supreme Court of the United States to issue a code of conduct for the justices of the Supreme Court, and for other purposes. 1. Short title This Act may be cited as the Supreme Court Code of Conduct Act 2. Code of conduct for justices of the Supreme Court of the United States (a) In general Not later than 1 year after the date of enactment of this Act, the Supreme Court of the United States shall, after appropriate public notice and opportunity for comment in accordance with section 2071 of title 28, United States Code, issue a code of conduct for the Chief Justice of the United States and justices of the Supreme Court of the United States. (b) Publication The Supreme Court of the United States shall publish the code of conduct required under subsection (a) on the website of the Supreme Court, which shall be available to the public. (c) Designated individual (1) In general The Supreme Court of the United States shall designate an individual, including an employee, to process complaints containing allegations that the Chief Justice of the United States or a justice of the Supreme Court has engaged in, or is engaging in, conduct that is— (A) prejudicial to the administration of justice; or (B) in violation of Federal law or the code of conduct established under subsection (a). (2) Obligations The Chief Justice of the United States and the justices of the Supreme Court of the United States may confer with the designee described in paragraph (1) on the obligations of the Chief Justice or justice, as applicable, under the code of conduct required under subsection (a) and section 455 of title 28, United States Code. (3) Report The individual designated under paragraph (1) shall publish on the website of the Supreme Court of the United States a report that describes— (A) the complaints described in paragraph (1), with the names of the complainants anonymized; and (B) any steps taken to remedy the alleged conduct. (4) Investigations The Marshal of the Supreme Court of the United States, after consultation with the Chief Justice of the United States and the designee described in paragraph (1), may commission, on a reimbursable basis, Federal agency personnel who serve in investigative roles, or businesses that contract with the Federal Government to carry out investigative work, to assist the Marshal in carrying out investigations to determine whether the Chief Justice of the United States, a justice of the Supreme Court, or an employee who reports to a justice of the Supreme Court, as applicable, has engaged in, or is engaging in, conduct described in paragraph (1).

Supreme Court Code of Conduct Act

Protecting Kids on Social Media Act This bill requires social media platforms to verify the age of account holders and limits access to such platforms by children. Specifically, social media platforms (1) must verify the age of account holders, (2) may not allow an individual to create or continue to use an account unless the individual's age has been verified, and (3) must limit access to the platform for children under the age of 13. Social media platforms may not use or retain any information collected during the age verification process for any other purpose. Further, platforms must take reasonable steps to (1) require affirmative consent from the parent or guardian of a minor who is at least 13 years old to create an account for the minor on the platform, and (2) provide the parent or guardian with the ability to revoke such consent. Social media platforms may not use the personal data of an individual in an algorithmic recommendation system unless the individual is at least 18 years old according to the platform's age verification process. The bill requires the Department of Commerce to establish a voluntary pilot program to provide secure digital identification credentials for individuals to use when verifying their age on social media platforms. Commerce may issue rules for social media companies to enroll in the program. The bill provides for enforcement by the Federal Trade Commission and state attorneys general (or other authorized state officials).

118 S1291 IS: Protecting Kids on Social Media Act U.S. Senate 2023-04-26 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. 1291 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Schatz Mr. Cotton Mr. Murphy Mrs. Britt Committee on Commerce, Science, and Transportation A BILL To require that social media platforms verify the age of their users, prohibit the use of algorithmic recommendation systems on individuals under age 18, require parental or guardian consent for social media users under age 18, and prohibit users who are under age 13 from accessing social media platforms. 1. Short title This Act may be cited as the Protecting Kids on Social Media Act 2. Definitions In this Act: (1) Algorithmic recommendation system The term algorithmic recommendation system (2) Commission The term Commission (3) Individual The term individual (4) Minor The term minor (5) Personal data The term personal data (6) Social media platform The term social media platform (A) offers services to users in the United States; (B) allows users to create accounts to publish or distribute to the public or to other users text, images, videos, or other forms of media content; and (C) provides the functions described in paragraph (B) other than in support of— (i) facilitating commercial transactions; (ii) facilitating teleconferencing and videoconferencing features that are limited to certain participants in the teleconference or videoconference and are not posted publicly or for broad distribution to other users; (iii) facilitating subscription-based content or newsletters; (iv) facilitating crowd-sourced content for reference guides such as encyclopedias and dictionaries; (v) providing cloud-based electronic storage, including cloud-based storage that allows collaborative editing by invited users; (vi) making video games available for play by users; (vii) reporting or disseminating news; (viii) providing other kinds of information concerning businesses, products, or travel information, including user reviews or rankings of such businesses, products, or other travel information; (ix) providing educational information or instruction on behalf of or in support of an elementary school or secondary school, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (x) facilitating electronic mail or direct messaging between users (except for message boards or applications where users can add themselves to messaging groups consisting of large numbers of users) consisting of text, photos, or videos that are not posted publicly and are visible only to the senders and recipients; or (xi) any other function that provides content to end users but does not allow the dissemination of user-generated content. 3. Reasonable steps for age verification (a) In general A social media platform shall take reasonable steps beyond merely requiring attestation, taking into account existing age verification technologies, to verify the age of individuals who are account holders on the platform. (b) Restriction on use and retention of information A social media platform shall not— (1) use any information collected as part of the platform's age verification process for any other purpose; or (2) retain any information collected from a user as part of the age verification process except to the extent necessary to prove that the platform has taken reasonable steps to verify the age of the user. (c) Rule of construction Nothing in this section shall be construed to require a social media platform to require users to provide government-issued identification for age verification. (d) Existing accounts A social media platform shall not be required to verify the age of account holders on the platform for any account that, as of the date of enactment of this Act, has existed for 90 days or more, until 2 years after the date of enactment of this Act. (e) Unverified accounts A social media platform shall not permit an individual to create a user account (or continue to use an existing user account after the date that is 2 years after the date of enactment of this Act) if the individual's age has not been verified. (f) Safe harbor A social media platform that, for age verification purposes, relies in good faith on information provided by the Pilot Program described in section 7 to verify the age of a user shall be deemed to have taken reasonable steps to verify the age of that user on the platform. 4. No children under 13 A social media platform shall not permit an individual to use the platform (other than merely viewing content, as long as such viewing does not involve logging in or interacting with the content or other users) unless the individual is known or reasonably believed to be age 13 or older according to the age verification process used by the platform. 5. Parent or guardian consent for minors (a) In general A social media platform shall take reasonable steps beyond merely requiring attestation, taking into account current parent or guardian relationship verification technologies and documentation, to require the affirmative consent of a parent or guardian to create an account for any individual who the social media platform knows or reasonably believes to be a minor according to the age verification process used by the platform. (b) Restriction on use and retention of information A social media platform shall not— (1) use any information collected as part of the parent or guardian consent process for any other purpose; or (2) retain any information collected as part of the parent or guardian verification process except to the extent necessary to— (A) provide confirmation of the affirmative consent of a parent or guardian for a minor user to create an account; (B) preserve the ability of the parent or guardian to revoke such consent; and (C) prove that the platform has taken reasonable steps to obtain the affirmative consent of a parent or guardian for a minor user to create an account. (c) Ability To revoke consent A social media platform shall take reasonable steps to provide a parent or guardian who has consented to their child’s social media use with the ability to revoke such consent. (d) Effect of revocation of consent A social media platform that receives a revocation of consent under subsection (c) shall suspend, delete, or otherwise disable the account of the minor user for whom consent was revoked. (e) Rule of construction Nothing in this section shall be construed to require a social media platform to require minor users or their parents or guardians to provide government-issued identification for relationship verification or the provision of affirmative consent to create an account. (f) Safe harbor A social media platform that, for parent or guardian relationship verification purposes, relies in good faith on information provided by the Pilot Program described in section 7 shall be deemed to have taken reasonable steps to verify the parent or guardian relationship of the parent or guardian granting consent for a minor user to create an account under this section. 6. Prohibition on the use of algorithmic recommendation systems on teens under 18 (a) In general A social media platform shall not use the personal data of an individual in an algorithmic recommendation system unless the platform knows or reasonably believes that the individual is age 18 or older according to the age verification process used by the platform. (b) Rule of construction The prohibition in subsection (a) shall not be construed to prevent the suggestion of information or provision of advertising to an individual based on context where the information or advertising is related to the content being viewed by the individual, as long as such information is suggested or advertising is provided solely based on context and is not targeted or recommended based on personal data of the individual. 7. Secure digital identification credential pilot program (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Commerce (referred to in this section as the Secretary Pilot Program (b) Pilot program parameters The Pilot Program shall do the following: (1) Allow individuals to verify their age, or their parent or guardian relationship with a minor user, by uploading copies of government-issued and other forms of identification (such as records issued by an educational institution), or by validating the authenticity of identity information provided by the individual using electronic records of State departments of motor vehicles, the Internal Revenue Service, the Social Security Administration, State agencies responsible for vital records, or other governmental or professional records providers that the Secretary determines are able to reliably assist in the verification of identity information. (2) Meet or exceed the highest cybersecurity standards expected of secure consumer products such as financial or healthcare records or that are required to obtain access to government systems. (3) Provide users with the ability to— (A) obtain a secure digital identification credential that they may use to verify their age or parent or guardian relationship with enrolled social media platforms; and (B) control what data they choose to allow the pilot program to share with a social media platform, without sharing copies of the underlying verification documents or any information that the user does not affirmatively agree to share with those social media platforms. (4) Not retain copies of underlying governmental records after verifying the information provided by the user. (5) Provide users with the ability to disable or delete their secure digital identification credential and any associated records kept by the Pilot Program at any time. (6) Keep no records of the social media platforms where users have verified their identity using a secure digital identification credential, other than aggregate data that is anonymized so that it cannot be linked to individual users. (c) Access Information regarding individual users of the Pilot Program shall be confidential, and no officer or employee of the United States, or any other person who has or had access to such information due to their involvement with the Pilot Program, shall disclose any such information to any entity, including law enforcement agencies, except— (1) with the consent of the user; (2) in connection with oversight by an Inspector General related to the proper implementation of this Act; (3) in connection with an investigation into a user for committing fraud against the Pilot Program; or (4) pursuant to a court order. (d) Voluntary program The Pilot Program described in subsection (a) shall be voluntary, and nothing in this Act shall be construed to require any individual or social media platform to use the Pilot Program. (e) Social media platform enrollment (1) The Secretary may establish regulations for social media platform enrollment in the Pilot Program to ensure that enrolled social media platforms employ appropriate privacy and technical protections sufficient to prevent the abuse or improper release of Pilot Program information relating to individual users. (2) The Secretary may revoke the enrollment of any social media platform to protect the integrity and security of the Pilot Program information. (f) Authority To enter agreements The Secretary shall have the authority to enter into memoranda of agreement with Federal, State, tribal, or nongovernmental entities, including entering into contracts with private identity verification technology providers, to facilitate the establishment and operation of the Pilot Program. (g) Design report to congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Commerce of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Appropriations of the House of Representatives, a report outlining the proposed design of the Pilot Program, including estimated costs and the identification of any legal or other barriers identified as impeding the creation and functioning of the Pilot Program. (h) Allowable use The Pilot Program shall be used only to establish online age verification and parental consent for purposes of social media platform participation, and may not be used to establish eligibility for any government benefit or legal status. (i) Sunset The Pilot Program shall end on the later of— (1) September 30 of the eighth year that begins after the date of enactment of this Act; and (2) September 30 of the fifth year that begins after the date on which the Pilot Program begins providing secure digital identification credentials to individuals. (j) Authorization There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the provisions of this section. 8. Enforcement (a) Enforcement by Commission (1) Unfair or deceptive acts or practices A violation of this Act by a social media platform shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (2) Powers of Commission (A) In general Except as provided in subparagraph (C), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Privileges and immunities Except as provided in subparagraph (C), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (C) Nonprofit organizations and common carriers Notwithstanding section 4 or 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 44 (i) organizations not organized to carry on business for their own profit or that of their members; and (ii) common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. (b) Enforcement by States (1) Authorization Subject to paragraph (3), 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 a social media platform in a practice that violates this Act, the attorney general of the State may, as parens patriae, bring a civil action against the online service provider or person on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief, including civil penalties in the amount determined under paragraph (2). (2) Civil penalties A social media platform that is found, in an action brought under paragraph (1), to have knowingly or repeatedly violated sections this Act shall, in addition to any other penalty otherwise applicable to a violation of this Act, be liable for a civil penalty equal to the amount calculated by multiplying— (A) the greater of— (i) the number of days during which the social media platform was not in compliance with that section; or (ii) the number of end users who were harmed as a result of the violation; by (B) an amount not to exceed the maximum civil penalty for which a person, partnership, or corporation may be liable under section 5(m)(1)(A) of the Federal Trade Commission Act ( 15 U.S.C. 45(m)(1)(A) (3) 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) before initiating the civil action. (ii) Contents The notification required under 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 under 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. (4) 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— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by Federal trade commission If the Commission institutes a civil action or an administrative action with respect to a violation of this Act, the attorney general of a State may not, during the pendency of the action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission based on the same set of facts giving rise to the alleged violation with respect to which the Commission instituted the action. (6) 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. (7) Actions by other State officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (c) Extraterritorial jurisdiction There is extraterritorial jurisdiction over any violation of this Act if such violation involves an individual in the United States or if any act in furtherance of the violation was committed in the United States. 9. Effective date This Act shall take effect 1 year after the date of enactment of this Act.

Protecting Kids on Social Media Act

Competitive Bidding Relief Act of 2023 This bill extends until December 31, 2024, a higher payment rate (known as the 75/25 blended rate) for durable medical equipment in nonrural or noncontiguous areas under Medicare.

118 S1294 IS: Competitive Bidding Relief Act of 2023 U.S. Senate 2023-04-26 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. 1294 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Thune Ms. Stabenow Committee on Finance A BILL To provide for payment rates for durable medical equipment under the Medicare program. 1. Short title This Act may be cited as the Competitive Bidding Relief Act of 2023 2. Payment rates for durable medical equipment under the Medicare Program (a) Areas other than rural and noncontiguous areas The Secretary shall implement section 414.210(g)(9)(v) of title 42, Code of Federal Regulations (or any successor regulation), to apply the transition rule described in the first sentence of such section to all applicable items and services furnished in areas other than rural or noncontiguous areas (as such terms are defined for purposes of such section) through December 31, 2024. (b) All areas The Secretary shall not implement section 414.210(g)(9)(vi) of title 42, Code of Federal Regulations (or any successor regulation) until January 1, 2025. (c) Implementation Notwithstanding any other provision of law, the Secretary may implement the provisions of this section by program instruction or otherwise.

Competitive Bidding Relief Act of 2023

John Lewis Equality in Medicare and Medicaid Treatment Act of 2023 This bill requires the Center for Medicare and Medicaid Innovation to test a payment model that addresses social determinants of health and health disparities, particularly with respect to minorities, underserved areas, and high-risk individuals. The bill also generally incorporates consideration of such factors into the selection, implementation, and evaluation of other models, including the decision as to whether to expand a model's duration and scope.

118 S1296 IS: John Lewis Equality in Medicare and Medicaid Treatment Act of 2023 U.S. Senate 2023-04-26 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. 1296 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Booker Mr. Padilla Mr. Brown Committee on Finance A BILL To amend title XI of the Social Security Act to improve access to care for all Medicare and Medicaid beneficiaries through models tested under the Center for Medicare and Medicaid Innovation, and for other purposes. 1. Short title This Act may be cited as the John Lewis Equality in Medicare and Medicaid Treatment Act of 2023 2. Improving access to care for Medicare and Medicaid beneficiaries Section 1115A of the Social Security Act ( 42 U.S.C. 1315a (1) in subsection (a)— (A) in the last sentence of paragraph (1), by inserting advance health equity and improve the coordination (B) in the first sentence of paragraph (3)— (i) by inserting (including the Office of Minority Health of the Centers for Medicare & Medicaid Services, the Office of Rural Health Policy of the Health Resources and Services Administration, and the Office on Women’s Health of the Department of Health and Human Services) relevant Federal agencies (ii) by striking experts with expertise in medicine experts with expertise in medicine, the causes of health disparities and the social determinants of health, and (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A)— (I) by inserting the following after the first sentence: Prior to selecting a model under this paragraph, the Secretary shall consult with the Office of Minority Health of the Centers for Medicare & Medicaid Services, the Office of Rural Health Policy of the Health Resources and Services Administration, and the Office on Women’s Health of the Department of Health and Human Services to ensure that models under consideration address health disparities and social determinants of health as appropriate for populations to be cared for under the model. (II) by inserting and, for models for which testing begins on or after January 1, 2024, address health equity as well as improving access to care received by individuals receiving benefits under such title applicable title (III) by adding at the end the following: The models selected under this subparagraph shall include the social determinants of health payment model described in subsection (h), the testing of which shall begin not later than December 31, 2024. (ii) in subparagraph (C), by adding at the end the following new clauses: (ix) Whether the model will affect access to care from providers and suppliers caring for high risk patients or operating in underserved areas. (x) Whether the model has the potential to reduce health disparities, including minority and rural health disparities. ; (B) in paragraph (3)(B)— (i) in clause (i), by inserting or health equity quality of care (ii) in clause (ii), by inserting or increasing health inequities quality of care (iii) in clause (iii), by inserting or health equity quality of care (C) in paragraph (4)(A)— (i) in clause (i), by striking ; and (ii) in clause (ii), by striking the period and inserting ; and (iii) by adding at the end the following new clause: (iii) for models for which testing begins on or after January 1, 2024, the extent to which the model improves health equity. ; (3) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting or, beginning on or after January 1, 2024, increasing health inequities (ii) in subparagraph (B), by inserting or, beginning on or after January 1, 2024, health equity patient care (B) in paragraph (3), by inserting or increase health disparities experienced by beneficiaries, including low-income, minority, or rural beneficiaries, or that such expansion would improve health equity (4) in subsection (g), by adding at the end the following: For reports submitted after the date of enactment of the John Lewis Equality in Medicare and Medicaid Treatment Act of 2023 (1) The interventions that address social determinants of health, health disparities, or health equity in payment models selected by the CMI for testing under this section. (2) Estimated Federal savings achieved through reducing disparities, including rural and minority health disparities, improving health equity, or addressing social determinants of health. (3) The effectiveness of interventions in mitigating negative health outcomes and higher costs associated with social determinants of health within models selected by the Center for Medicare and Medicaid Innovation for testing. (4) Other areas determined appropriate by the Secretary. ; and (5) by adding at the end the following new subsection: (h) Social determinants of health payment model (1) In general The social determinants of health payment model described in this subsection is a payment model that tests each of the payment and service delivery innovations described in paragraph (2) in a region determined appropriate by the Secretary. (2) Payment and service delivery innovations described For purposes of paragraph (1), the payment and service delivery innovations described in this clause are the following: (A) Payment and service delivery innovations for behavioral health services, focusing on gathering actionable data to address the higher costs associated with beneficiaries with diagnosed behavioral conditions. (B) Payment and service delivery innovations targeting conditions or comorbidities of individuals entitled or enrolled under the Medicare program under title XVIII and enrolled under a State plan under the Medicaid program under title XIX to increase capacity in underserved areas. (C) Payment and service delivery innovations targeting conditions or comorbidities of applicable individuals to increase capacity in underserved areas. (D) Payment and service delivery innovations targeted on Medicaid eligible pregnant and postpartum women, up to one year after delivery. .

John Lewis Equality in Medicare and Medicaid Treatment Act of 2023

Fairness for Servicemembers and their Families Act of 2023 This bill requires the Department of Veterans Affairs (VA) to periodically review and report on the maximum coverage available under the Servicemembers' Group Life Insurance and Veterans' Group Life Insurance programs. Specifically, the VA must review such coverage amount every three years, taking into account the percentage increase in the average of the Consumer Price Index for All Urban Consumers (CPI-U) for the fiscal year ending during the preceding calendar year compared to the average of the CPI-U for FY2005.

118 S1299 IS: Fairness for Servicemembers and their Families Act of 2023 U.S. Senate 2023-04-26 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. 1299 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Cornyn Ms. Hassan Mr. Braun Mr. Cruz Mr. King Ms. Hirono Mr. Kelly Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to require the Secretary of Veterans Affairs to periodically review the automatic maximum coverage under the Servicemembers' Group Life Insurance program and the Veterans' Group Life Insurance program, and for other purposes. 1. Short title This Act may be cited as the Fairness for Servicemembers and their Families Act of 2023 2. Periodic review of automatic maximum coverage under Servicemembers' Group Life Insurance and Veterans' Group Life insurance (a) In general Subchapter III of chapter 19 1980B. Periodic review of automatic maximum coverage (a) In general On January 1, 2024, and every three years thereafter, the Secretary shall— (1) complete a review of how the amount specified in section 1967(a)(3)(A)(i) compares to the amount described in subsection (b); and (2) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives the results of the review. (b) Amount described The amount described in this subsection is the amount equal to— (1) $400,000; multiplied by (2) the percentage of the increase (if any) in the average of the Consumer Price Index for the fiscal year ending during the preceding calendar year compared to the average of the Consumer Price Index for fiscal year 2005. (c) Consumer Price Index defined In this section, the term Consumer Price Index . (b) Clerical amendment The table of sections at the beginning of chapter 19 of such title is amended by inserting after the item relating to section 1980A the following new item: 1980B. Periodic review of automatic maximum coverage. .

Fairness for Servicemembers and their Families Act of 2023

Rural Internet Improvement Act of 2023 This bill merges the pilot ReConnect Loan and Grant Program with existing loans and grants provided by the Department of Agriculture (USDA) to facilitate broadband access to rural areas that lack sufficient access to broadband. Unobligated amounts available for the pilot program must be transferred and made available, without further appropriations, to this merged program. The bill specifies eligibility criteria and other requirements that apply to the merged program. For example, the bill limits funds from the merged program to projects in areas where at least 90% of the households lack sufficient access to broadband services, which is currently required under the pilot program. Other changes in the bill address procedures for contesting the accuracy of broadband maps that are used to identify eligible areas. It also requires efforts to increase coordination concerning broadband initiatives between USDA, the Federal Communications Commission, and the National Telecommunications Information Administration.

118 S130 IS: Rural Internet Improvement Act of 2023 U.S. Senate 2023-01-30 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. 130 IN THE SENATE OF THE UNITED STATES January 30, 2023 Mr. Thune Mr. Luján Ms. Klobuchar Mrs. Fischer Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Rural Electrification Act of 1936 to reauthorize and improve the ReConnect loan and grant program, and for other purposes. 1. Short title This Act may be cited as the Rural Internet Improvement Act of 2023 2. Streamlining broadband authorities (a) In general Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb (1) by striking the section heading and inserting ReConnect Program (2) in subsection (b)— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following: (3) ReConnect Program The term ReConnect Program ; (3) in subsection (c)— (A) in paragraph (2)(A)— (i) in clause (i)— (I) in subclause (I), by striking 10-Mbps 25-Mbps (II) in subclause (II), by striking 1-Mbps 3-Mbps (ii) by striking clause (iv) and inserting the following: (iv) give priority to applications from applicants that have demonstrated the technical and financial experience required to construct and operate broadband networks. ; and (B) by adding at the end the following: (5) Applications The Secretary shall establish an application process for grants, loans, and loan guarantees under this section that— (A) reduces the amount of data required to apply by limiting the required data to only— (i) the entity applying, excluding any parent or affiliate entity that is not a party to the application, to the greatest extent practicable; and (ii) the geographic area affected by the application, if a parent or affiliate is not a party to the application; (B) simplifies the data interfaces for submission to the greatest extent practicable; and (C) allows all applicants, regardless of whether an applicant is publicly traded, to rely on a bond rating of at least investment grade (when bond ratings are available) in place of financial documentation. ; (4) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (B), by striking subsection (j) subsection (l) (ii) by adding at the end the following: (C) Grant requirements The Secretary— (i) shall not restrict the eligibility of an entity for a grant under this section based on the legal structure of the entity; (ii) shall allow entities to apply for a grant under this section without regard to, or preference for, the legal structure of an entity; (iii) in determining the financial ability of an entity to carry out a project using a grant under this section, shall allow the entity to demonstrate that financial ability by methods that— (I) the Secretary determines to be the least burdensome; and (II) subject to clause (v), are not limited to providing the Federal Government an exclusive first lien on all grant-funded assets during the service obligation of the grant; (iv) subject to clause (v), in determining the required collateral to secure grant funds or to secure performance during the service obligation of a grant, shall allow an awardee to offer alternative security, such as a letter of credit, in lieu of providing the Federal Government an exclusive first lien on all grant-funded assets; and (v) if the Secretary reasonably determines that alternative methods or alternative security established under clause (iii)(II) or (iv) are insufficient to secure performance with respect to a project under this section— (I) may require an entity to provide the Federal Government an exclusive first lien on all grant-funded assets during the service obligation of the grant; and (II) shall release that lien after the Secretary determines that the entity is performing to the satisfaction of the Secretary. ; and (B) in paragraph (2)— (i) in subparagraph (A)(i), by striking 50 90 (ii) by adding at the end the following: (D) Obligations to provide broadband service in the same service territory (i) Definition of broadband infrastructure In this subparagraph, the term broadband infrastructure (I) is capable of providing access to internet connections in individual locations; and (II) offers an advanced telecommunications capability (as defined in section 706(d) of the Telecommunications Act of 1996 ( 47 U.S.C. 1302(d) (ii) Other providers The Secretary shall consider a proposed service territory with respect to which an eligible entity submits an application to carry out a project under this section to be served by broadband service if a broadband service provider other than that eligible entity is subject to an obligation by a Federal, State, or local government entity to build broadband infrastructure and offer broadband service in that service territory, subject to conditions— (I) under a Federal, State, or local funding award program; or (II) otherwise required by the Federal, State, or local government entity. (iii) Other funding Subject to clause (iv), the Secretary shall not be required to consider a proposed service territory with respect to which an eligible entity submits an application to carry out a project under this section to be served by broadband service if that eligible entity has accepted an obligation under a Federal, State, or local funding award program to build broadband infrastructure and offer broadband service in that service territory, if the proposed project under this section— (I) would not be duplicative of the obligation under the other award program; and (II) would build broadband infrastructure that results in faster speeds or expedited milestones of deployment of broadband infrastructure in that service territory, as compared to the obligation under the other award program. (iv) Other obligations for lower transmission capacity The Secretary shall consider a proposed service territory with respect to which an eligible entity submits an application to carry out a project under this section to be unserved by broadband service if an obligation under another award program described in clause (iii) would not provide broadband service of at least— (I) a 25-Mbps downstream transmission capacity; and (II) a 3-Mbps upstream transmission capacity. (E) Requirements for funding (i) Affiliate owned and operated networks A grant, loan, or loan guarantee under this section may be used to construct networks that will be owned and operated by an affiliate of the eligible entity receiving the grant, loan, or loan guarantee, subject to the condition that the eligible entity, the affiliate, or both, as the Secretary determines to be necessary, shall provide adequate security for the grant, loan, or loan guarantee. (ii) Negative covenants and conditions To the greatest extent practicable, a project carried out using a grant, loan, or loan guarantee under this section shall not add any new negative covenants or conditions to the grant, loan, or loan guarantee agreement that were not previously disclosed to the eligible entity at the time of application for the grant, loan, or loan guarantee. (iii) Ownership of systems (I) In general A network constructed with a grant, loan, or loan guarantee under this section may be transferred to an unaffiliated provider that agrees— (aa) to assume the service obligation; and (bb) to provide appropriate and sufficient security for that network. (II) Determination The Secretary shall not unreasonably withhold consent to enter into an appropriate agreement described in subclause (I) with the transferee based on an evaluation by the Secretary of the ability of the transferee to assume the agreement and provide security described in item (bb) of that subclause. (iv) Reporting and auditing The Secretary shall— (I) simplify, to the maximum extent practicable, ongoing reporting and auditing requirements for recipients of a grant, loan, or loan guarantee under this section; and (II) allow a recipient described in subclause (I) whose financial information is consolidated with the financial information of a parent entity to rely on that consolidated financial information in complying with the requirements described in that subclause if the parent entity is providing a guarantee on behalf of a subsidiary of the parent entity with respect to the grant, loan, or loan guarantee. (v) Procurement and contracting The Secretary— (I) shall simplify, to the maximum extent practicable, requirements for recipients of a grant, loan, or loan guarantee under this section relating to the procurement of materials and retention of contractors; and (II) shall not unreasonably restrict the ability of a recipient described in subclause (I) to obtain goods and services from affiliated entities. ; (5) in subsection (e)(1)— (A) in subparagraph (A), by striking 25-Mbps 100-Mbps (B) in subparagraph (B), by striking 3-Mbps 20-Mbps (6) by redesignating subsections (j) and (k) as subsections (l) and (m), respectively; (7) by inserting after subsection (i) the following: (j) Regulations The Secretary shall issue regulations to carry out this section in accordance with section 553 of title 5, United States Code. (k) Annual reports Not later than 120 days after the date of enactment of the Rural Internet Improvement Act of 2023 (1) publish a report describing— (A) the distribution of amounts made available under the ReConnect Program for the preceding year; (B) the number of locations at which broadband service was made available using amounts under the ReConnect Program for the preceding year; (C) the number of locations described in subparagraph (B) at which broadband service was used; and (D) the highest level of broadband service made available at each location described in subparagraph (B); and (2) submit the report described in paragraph (1) to— (A) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Agriculture of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. ; and (8) in subsection (l) (as so redesignated), in paragraph (1), by striking $350,000,000 for each of fiscal years 2019 through 2023 such sums as are necessary for each fiscal year (b) Sunset Beginning on the date that is 120 days after the date of enactment of this Act, section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 (c) Transfer of amounts The unobligated balance, as of the date that is 120 days after the date of enactment of this Act, of any amounts made available to carry out the pilot program described in section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 (1) is transferred to, and merged with, amounts made available to carry out section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb (2) shall remain available, until expended, and without further appropriation, to carry out the ReConnect Program established under that section. (d) Effect Title VI of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb et seq. 607. Effect Nothing in this title authorizes the Secretary to regulate rates charged for broadband service. . (e) Public notice, assessments, and reporting requirements Section 701 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950cc (1) in subsection (a)— (A) in paragraph (1)(A), by inserting , including a complete shapefile map applicant (B) in paragraph (2)(D), by striking (c) (d) (2) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (3) by inserting after subsection (a) the following: (b) Challenge process (1) In general The Secretary shall establish a transparent, evidence based, and expeditious process for challenging, with respect to any area for which assistance is sought under an application described in subsection (a)(1), whether that area has access to broadband service. (2) Notice The Secretary shall make publicly available on the website of the Department of Agriculture a written notice describing— (A) the decision of the Secretary on each challenge submitted under paragraph (1); and (B) the reasons for each decision described in subparagraph (A). ; and (4) by adding at the end the following: (g) Public notice of eligible funding areas Prior to making available to the public the database under subsection (a), the Secretary shall make available to the public a fully searchable database on the website of the Rural Utilities Service that contains information on areas eligible for assistance under retail broadband projects that are administered by the Secretary in accordance with the maps created by the Federal Communications Commission under section 802(c)(1) of the Communications Act of 1934 ( 47 U.S.C. 642(c)(1) . (f) Federal broadband program coordination Section 6212 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 950bb–6 (1) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (e), and (a), respectively, and moving the subsections so as to appear in alphabetical order; (2) in subsection (a) (as so redesignated), in paragraph (3), by striking section 601(b)(3) of the Rural Electrification Act of 1936 section 601(b) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(b) (3) in subsection (c) (as so redesignated), in paragraph (1)— (A) by striking The Secretary (A) In general The Secretary ; and (B) by adding at the end the following: (B) ReConnect Program On awarding a grant, loan, or loan guarantee under the ReConnect Program established under section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb ; and (4) by inserting after subsection (c) (as so redesignated) the following: (d) Memorandum of understanding relating to outreach The Secretary shall enter into a memorandum of understanding with the Assistant Secretary and the Commission to facilitate outreach to residents and businesses in rural areas, including— (1) to evaluate the broadband service needs in rural areas; (2) to inform residents and businesses in rural areas of available Federal programs that promote broadband access, broadband affordability, and broadband inclusion; and (3) for such additional goals as the Secretary, the Assistant Secretary, and the Commission determine to be appropriate. .

Rural Internet Improvement Act of 2023

Prime Minister Golda Meir Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins in commemoration of Golda Meir, former Prime Minister of Israel, and the 75th anniversary of the United States-Israel relationship. All surcharges received by Treasury from the sale of such coins must be paid to the American Friends of Kiryat Sanz Laniado Hospital Inc.

118 S1300 IS: Prime Minister Golda Meir Commemorative Coin Act U.S. Senate 2023-04-26 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. 1300 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Cardin Ms. Baldwin Mr. Daines Mr. Cruz Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins in recognition of the late Prime Minister Golda Meir and the 75th anniversary of the United States-Israel relationship. 1. Short title This Act may be cited as the Prime Minister Golda Meir Commemorative Coin Act 2. Findings; purpose (a) Findings Congress finds the following: (1) Prime Minister of Israel Golda Meir was born on May 3, 1898, in Kyiv, Ukraine. (2) Prime Minister Golda Meir moved to Milwaukee, Wisconsin with her family in 1906. (3) Growing up in a time where women were not expected to receive an education and pursue a career, Prime Minister Golda Meir fought against the status quo and defied her parents by moving to Denver, Colorado, to live with her sister. (4) In 1921, Prime Minister Golda Meir emigrated with her husband to Mandatory Palestine where she worked as head of the Political Department of the Jewish Agency for Palestine, the chief Jewish liaison with the British, during World War II. (5) When the State of Israel declared its independence in 1948, Prime Minister Golda Meir was a signer of its declaration of independence. (6) Prime Minister Golda Meir served as the fourth Prime Minister of the State of Israel from 1969 to 1974. (7) Prime Minister Golda Meir is remembered today as the first female Prime Minister of the State of Israel and a trailblazer for women’s rights. (8) Prime Minister Golda Meir is additionally remembered for the unique relationship she had with the United States and its people, evident by her adorning the cover of Time Magazine in 1969 and being voted by the people of the United States as Gallup’s Most Admired Woman (b) Purpose The purpose of this Act is to honor and commemorate— (1) the 75th anniversary of the United States-Israel relationship; (2) the first female Prime Minister of the State of Israel, Golda Meir; and (3) the unique relationship Prime Minister Golda Meir had with the United States. 3. Coin specifications (a) Denominations In commemoration of the late Prime Minister Golda Meir and the 75th anniversary of the United States-Israel relationship, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary (1) $5 gold coins Not more than 50,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain at least 90 percent gold. (2) $1 silver coins Not more than 400,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain at least 90 percent silver. (3) Half-dollar clad coins Not more than 750,000 half-dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design requirements (1) In general The designs of the coins minted under this Act shall bear an image of and the name of Prime Minister Golda Meir on the obverse side. (2) Designation and inscriptions On each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of Golda Meir Israel 75 2026 (C) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (b) Selection The designs for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the American Friends of Kiryat Sanz Laniado Hospital Inc. and Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance The Secretary may issue coins under this Act only during the period beginning on January 1, 2026, and ending on December 31, 2026. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at the price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided under section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping. (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of the coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins issued under this Act shall include— (1) a surcharge of $35 per coin for the $5 coins; (2) a surcharge of $10 per coin for the $1 coins; and (3) a surcharge of $5 per coin for the half-dollar coin. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the American Friends of Kiryat Sanz Laniado Hospital Inc. for the purpose of— (1) the continued growth of, support for, and the promotion of Kiryat Sanz Laniado Hospital; and (2) the furtherance of the missions and goals of Kiryat Sanz Laniado Hospital. (c) Audits The American Friends of Kiryat Sanz Laniado Hospital Inc. shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with respect to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act result will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Prime Minister Golda Meir Commemorative Coin Act

Resident Physician Shortage Reduction Act of 2023 This bill increases the number of residency positions eligible for graduate medical education payments under Medicare for qualifying hospitals, including hospitals in rural areas and health professional shortage areas. Current law provides for an increase of up to 200 positions per fiscal year beginning in FY2023, with a total increase of 1,000 positions; each hospital may receive up to 25 additional positions. Current law also provides for an additional increase of up to 200 positions for FY2026, with at least 100 of these positions for psychiatry or related specialties; each hospital may receive up to 10 additional positions. The bill provides for an additional increase of 2,000 positions per fiscal year from FY2025-FY2031; during this period, each hospital may receive up to 75 additional positions in total under the bill and current law. The bill also requires the Government Accountability Office to report on strategies to increase the diversity of the health professional workforce, including with respect to representation from rural, low-income, and minority communities.

118 S1302 IS: Resident Physician Shortage Reduction Act of 2023 U.S. Senate 2023-04-26 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. 1302 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Menendez Mr. Boozman Mr. Schumer Ms. Collins Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for the distribution of additional residency positions, and for other purposes. 1. Short title This Act may be cited as the Resident Physician Shortage Reduction Act of 2023 2. Distribution of additional residency positions (a) In general Section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) (1) in paragraph (4)(F)(i), by striking and (10) (10), and (11) (2) in paragraph (4)(H)(i), by striking and (10) (10), and (11) (3) in paragraph (7)(E), by inserting paragraph (11), paragraph (10), (4) by adding at the end the following new paragraph: (11) Distribution of additional residency positions (A) Additional residency positions (i) In general For each of fiscal years 2025 through 2031 (and succeeding fiscal years if the Secretary determines that there are additional residency positions available to distribute under clause (iii)(II)), the Secretary shall increase the otherwise applicable resident limit for each qualifying hospital (as defined in subparagraph (G)) that submits a timely application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring on or after July 1 of the fiscal year of the increase. Except as provided in clause (iii), the aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to 2,000 in each of fiscal years 2025 through 2031. (ii) Process for distributing positions (I) Rounds of applications The Secretary shall initiate 7 separate rounds of applications for an increase under clause (i), 1 round with respect to each of fiscal years 2025 through 2031. (II) Number available In each of such rounds, the aggregate number of positions available for distribution in the fiscal year as a result of an increase in the otherwise applicable resident limit (as described in clause (i)) shall be distributed, plus any additional positions available under clause (iii). (III) Timing The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as result of an increase in the otherwise applicable resident limit by January 31 of the fiscal year of the increase. Such increase shall be effective for portions of cost reporting periods beginning on or after July 1 of that fiscal year. (iii) Positions not distributed during the fiscal year (I) In general If the number of resident full-time equivalent positions distributed under this paragraph in a fiscal year is less than the aggregate number of positions available for distribution in the fiscal year (as described in clause (i), including after application of this subclause), the difference between such number distributed and such number available for distribution shall be added to the aggregate number of positions available for distribution in the following fiscal year. (II) Exception if positions not distributed by end of fiscal year 2031 If the aggregate number of positions distributed under this paragraph during the 7-year period of fiscal years 2025 through 2031 is less than 14,000, the Secretary shall, in accordance with the considerations described in subparagraph (B)(i) and the priority described in subparagraph (B)(ii), conduct an application and distribution process in each subsequent fiscal year until such time as the aggregate amount of positions distributed under this paragraph is equal to 14,000. (B) Distribution to certain hospitals (i) Consideration in distribution In determining for which hospitals the increase in the otherwise applicable resident limit is provided under subparagraph (A), the Secretary shall take into account the demonstrated likelihood of the hospital filling the positions made available under this paragraph within the first 5 cost reporting periods beginning after the date the increase would be effective, as determined by the Secretary. (ii) Minimum distribution for certain categories of hospitals With respect to the aggregate number of such positions available for distribution under this paragraph, the Secretary shall distribute not less than 10 percent of such aggregate number to each of the following categories of hospitals: (I) Hospitals that are located in a rural area (as defined in subsection (d)(2)(D)) or are treated as being located in a rural area pursuant to subsection (d)(8)(E). (II) Hospitals in which the reference resident level of the hospital (as specified in subparagraph (G)(iii)) is greater than the otherwise applicable resident limit. (III) Hospitals in States with— (aa) new medical schools that received Candidate School Pre-Accreditation Full Accreditation Accreditation (bb) additional locations and branch campuses established on or after January 1, 2000, by medical schools with Full Accreditation Accreditation (IV) Hospitals that serve areas designated as health professional shortage areas under section 332(a)(1)(A) of the Public Health Service Act, as determined by the Secretary. (iii) Special rule In distributing positions under clause (ii), the Secretary shall not prioritize hospitals in multiple categories over hospitals in an individual category or based on section 332 of the Public Health Service Act. (C) Prohibition on distribution to hospitals without an increase agreement No increase in the otherwise applicable resident limit of a hospital may be made under this paragraph unless such hospital agrees to increase the total number of full-time equivalent residency positions under the approved medical residency training program of such hospital by the number of such positions made available by such increase under this paragraph. (D) Limitation (i) In general Except as provided in clause (ii), a hospital may not receive more than 75 full-time equivalent additional residency positions in the aggregate under this paragraph and paragraphs (9) and (10) over the period of fiscal years 2025 through 2031. (ii) Increase in number of additional positions a hospital may receive The Secretary shall increase the aggregate number of full-time equivalent additional residency positions a hospital may receive under this paragraph over such period if the Secretary estimates that the number of positions available for distribution under subparagraph (A) exceeds the number of applications approved under such subparagraph over such period. (E) Application of per resident amounts for primary care and nonprimary care With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. (F) Permitting facilities to apply aggregation rules The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. (G) Definitions In this paragraph: (i) Otherwise applicable resident limit The term otherwise applicable resident limit (ii) Qualifying hospital The term qualifying hospital (iii) Reference resident level The term reference resident level (iv) Resident level The term resident level . (b) IME (1) In general Section 1886(d)(5)(B)(v) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B)(v) and (h)(10) (h)(10), and (h)(11) (2) Conforming provision Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) (ix) For discharges occurring on or after July 1, 2025, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions. . 3. Study and report on strategies for increasing diversity (a) Study The Comptroller General of the United States (in this section referred to as the Comptroller General (b) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

Resident Physician Shortage Reduction Act of 2023

School Guardian Act of 2023 This bill requires the Department of Justice (DOJ) to make grants for states to assign armed law enforcement officers to provide security at elementary and secondary schools. The bill also requires specified unobligated Internal Revenue Service funds to be transferred to DOJ to implement this bill.

117 S1305 IS: School Guardian Act of 2023 U.S. Senate 2023-04-26 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. 1305 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Scott of Florida Committee on Finance A BILL To provide block grants to assign armed law enforcement officers to elementary and secondary schools. 1. Short title This Act may be cited as the School Guardian Act of 2023 2. School guardian grants Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. PP School guardian grants 3061. Grants for law enforcement officers at schools (a) Definitions In this section— (1) the term K–12 school 20 U.S.C. 7801 (2) the term local educational agency 20 U.S.C. 7801 (b) Grant authorization Subject to the availability of appropriations, the Attorney General shall make a grant to each State that elects to receive a grant under this section for the cost of assigning armed law enforcement officers to provide security at K–12 schools, which may be used for the cost of pay, training, and equipment for the law enforcement officers. (c) Amount A grant under this section to a State for a fiscal year shall be in an amount that bears the same ratio to the total amount awarded under this section for the fiscal year as the total number of individuals attending a K–12 school in the State bears to the total number of individuals attending a K–12 school in the United States. (d) Administration of grants The use of, and award of subgrants using, amounts received under this section shall be administered by the head of the chief law enforcement agency of a State. (e) Subgrants (1) In general The head of the chief law enforcement officer of a State may award a subgrant to a law enforcement agency of a unit of local government in the State for the cost of hiring 1 or more full-time law enforcement officers who will be assigned to provide full-time security at K–12 schools. (2) Agreements (A) In general A law enforcement agency of a unit of local government desiring a subgrant under this subsection shall enter into a written agreement with each K–12 school in the jurisdiction of the agency, or with the local educational agency that serves such K–12 school, which shall indicate the number of law enforcement officers the law enforcement agency will hire and assign to each such K–12 school if awarded a subgrant. (B) Officers at each school The written agreements entered into by a law enforcement agency under subparagraph (A) shall provide for the hiring of not less than 1 full-time law enforcement officer who will be assigned to provide full-time security at each K–12 school in the jurisdiction of the law enforcement agency. (3) Amount The amount of a subgrant under this subsection to a law enforcement agency of a unit of local government shall be based on the number of law enforcement officers the law enforcement agency will hire, as indicated in the written agreements described in paragraph (2). (f) Reporting Each State that receives a grant under this section for a fiscal year shall submit to the Attorney General a report regarding the use of the grant for that fiscal year, which shall include— (1) the number of subgrants awarded; (2) the amount of each subgrant awarded; (3) the number of law enforcement officers hired to provide security at a K–12 school using amounts received under the grant; and (4) the number of K–12 schools in the State with 1 or more full-time law enforcement officers for whom the cost of the pay, training, or equipment for the law enforcement officers was paid using amounts received under the grant. (g) Failure To use amounts (1) Return A State shall return to the Attorney General any amounts received under a grant under this section for a fiscal year which are unobligated as of the day after the last day of the fiscal year. (2) Use Amounts returned to the Attorney General under paragraph (1) shall be merged with other amounts available to carry out this section and remain available until expended to the Attorney General to make grants under this section, without further appropriation. (3) Reporting The Attorney General shall submit to Congress a report that provides, for each fiscal year, the total amount of funds provided for that fiscal year that are returned under paragraph (1) and the amount of funds provided for that fiscal year that are returned under paragraph (1) by each State. (h) Funding (1) In general Effective on the date of enactment of this Act, of the unobligated balances of amounts made available to the Internal Revenue Service under Public Law 117–169 (2) Availability and use Amounts transferred under paragraph (1) shall be merged with, and subject to the same terms and conditions as, other amounts available to carry out this section, and shall remain available until expended. (3) Annual availability of amounts From amounts transferred under paragraph (1), the Attorney General may make not more than $8,000,000,000 in grants under this section for each of fiscal years 2024 through 2033. .

School Guardian Act of 2023

COPS Reauthorization Act of 2023 This bill reauthorizes through FY2029 the Community Oriented Policing Services grant program.

118 S1306 IS: COPS Reauthorization Act of 2023 U.S. Senate 2023-04-26 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. 1306 IN THE SENATE OF THE UNITED STATES April 26, 2023 Ms. Klobuchar Ms. Murkowski Mr. Coons Mr. Tillis Mrs. Feinstein Mr. Graham Committee on the Judiciary A BILL To reauthorize the COPS ON THE BEAT grant program. 1. Short title This Act may be cited as the COPS Reauthorization Act of 2023 2. Reauthorization of COPS ON THE BEAT grant program Section 1001(a)(11)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a)(11)(A) $1,047,119,000 for each of fiscal years 2006 through 2009 $651,000,000 for each of fiscal years 2024 through 2029

COPS Reauthorization Act of 2023