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MTSU Fall 2024 Software Engineering 14

Right to Read Act of 2023 This bill expands access to school libraries and literacy skills support for elementary and secondary school students. It also outlines certain constitutional rights and liability protections related to school libraries. Specifically, the bill reauthorizes through FY2028 (1) the Comprehensive Literacy State Development Program, which provides grants to ensure high-quality instruction and effective strategies in reading and writing for children through 12th grade; and (2) the Innovative Approaches to Literacy Program, which provides grants to support the development of literacy skills in low-income communities. Additionally, the bill allows Supporting Effective Instruction State Grants to be used to assist local educational agencies (LEAs) and schools in recruiting, hiring, and retaining state-certified school librarians. Further, the bill authorizes states and LEAs to use Student Support and Academic Enrichment grants for programs and activities that promote the development of digital literacy and information literacy skills. The Department of Education (ED) must direct the National Center for Education Statistics to biennially collect data on school libraries. ED must require an assurance from each state and LEA receiving certain funds confirming that it will (1) protect the First Amendment rights of students in school libraries, and (2) provide equal protection in the conduct of school libraries in compliance with the requirements of the Fourteenth Amendment and nondiscrimination laws. The bill also provides liability protection to teachers, school librarians, school leaders, paraprofessionals, and other staff for actions that conform with state or local policies regarding the right to read.

118 S1307 IS: Right to Read 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. 1307 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Reed Committee on Health, Education, Labor, and Pensions A BILL To ensure that students in schools have a right to read, and for other purposes. 1. Short title This Act may be cited as the Right to Read Act of 2023 2. Definitions Section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (1) by redesignating paragraphs (19) through (28), paragraphs (29) through (43), paragraphs (44) through (49), and paragraphs (50) through (52) as paragraphs (20) through (29), paragraphs (31) through (45), paragraphs (47) through (52), and paragraphs (54) through (56), respectively; (2) by inserting after paragraph (18) the following: (19) Effective school library The term effective school library (A) is staffed by supporting staff and at least one full-time State-certified school librarian who— (i) is an instructional leader, information specialist, and teacher; (ii) supports the digital learning environment and the development of participatory learning, inquiry learning, digital literacy, and information literacy; and (iii) supports, supplements, and elevates the literacy experience through guidance in reading for learning and motivational reading initiatives in order to enhance student achievement and foster lifelong reading and learning; (B) is otherwise adequately staffed to be open to students before, during, and after the school day; (C) has a sufficient collection of professionally curated up-to-date digital and print materials and technology, including openly licensed educational resources; (D) provides appropriate facilities for maintaining and providing equitable access to materials, technology, connectivity, and library and literacy instruction; (E) provides regular skills development or training for classroom teachers, school librarians, library paraprofessional staff, and other educators; (F) provides opportunities for collaboration between classroom teachers and school librarians; and (G) implements nationally recognized professional standards of practice. ; (3) by inserting after paragraph (29), as redesignated by paragraph (1), the following: (30) Information literacy The term information literacy ; (4) by inserting after paragraph (45), as redesignated by paragraph (1), the following: (46) Right to read The term right to read (A) linguistically and developmentally appropriate, evidence-based reading instruction; (B) effective school libraries; (C) family literacy support; (D) culturally diverse and inclusive materials; (E) reading materials in the home; and (F) the freedom to choose reading materials. ; and (5) by inserting after paragraph (52), as redesignated by paragraph (1), the following: (53) Teacher The term teacher . 3. Amendments to title I (a) State plans Section 1111 of that Act ( 20 U.S.C. 6311 (1) in subsection (a)(4)(A)(ii)(I)(aa), by inserting (including school librarians) teachers (2) in subsection (g)— (A) in paragraph (1)— (i) by redesignating subparagraph (G) as subparagraph (H); (ii) in subparagraph (F), by striking and (iii) by inserting after subparagraph (F) the following: (G) how the State will work to ensure that low-income students, minority students, students with disabilities, and English learners are not disproportionally enrolled in schools that lack an effective school library, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to ensuring such access to an effective school library; and ; and (iv) in subparagraph (H), as redesignated by clause (i), by inserting , including the development of digital literacy and information literacy skills academic standards (B) in paragraph (2)— (i) in subparagraph (J), by inserting (including school librarians) teachers (ii) in subparagraph (M), by striking and (iii) in subparagraph (N), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (O) the State educational agency has a policy regarding the right to read and will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, school librarians, principals, other school leaders, specialized support personnel, parents, and the public of such policy. . (b) Local educational agency plans Section 1112 of that Act ( 20 U.S.C. 6312 (1) in subsection (a)(1)(A), by inserting (including school librarians) teachers (2) in subsection (b)— (A) in paragraph (12)(B), by striking and (B) by striking paragraph (13); and (C) by adding at the end the following: (13) how the local educational agency will— (A) support and improve effective school libraries by supporting the work of State-certified school librarians to ensure that students have equitable access to such libraries; and (B) assist schools in developing effective school libraries to provide students an opportunity to develop digital literacy and information literacy skills and improve academic achievement; (14) the policies the local educational agency has in place to protect the right to read; and (15) any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include a description of how the local educational agency will assist schools in identifying and serving gifted and talented students. . 4. Amendments to title II (a) Authorization of appropriations Section 2003 of that Act ( 20 U.S.C. 6603 (1) in subsection (b), by inserting except for subpart 2, part B, (2) by adding at the end the following: (c) Literacy education for all, results for the nation There are authorized to be appropriated— (1) for grants authorized under section 2222, $500,000,000 for fiscal year 2024 and each of the succeeding 4 fiscal years; and (2) for grants authorized under section 2226, $100,000,000 for fiscal year 2024 and each of the succeeding 4 fiscal years. . (b) Formula grants to states Section 2101 of that Act ( 20 U.S.C. 6611 (1) in subsection (c)(4)(B)— (A) by redesignating clauses (xiv) through (xxi) as clauses (xvii) through (xxiv), respectively; (B) by striking clause (xiii) and inserting the following: (xiii) Supporting and improving effective school libraries that involve collaboration with State-certified school librarians. ; and (C) by inserting after clause (xiii) the following: (xiv) Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting, hiring, and retaining State-certified school librarians. (xv) Providing training to school librarians, teachers, and school leaders on how to leverage effective school libraries for academic achievement, digital literacy, information literacy, and student and family engagement. (xvi) Providing training to library paraprofessional and other library staff to improve the effectiveness of school library programs. ; and (2) in subsection (d)(3)(A), by inserting (including school librarians) teachers (c) Local uses of funds Section 2103(b)(3) of that Act ( 20 U.S.C. 6613(b)(3) (K) programs and activities to support and improve effective school libraries that involve collaboration with State-certified school librarians, such as efforts to promote and support digital literacy, information literacy, extended student inquiry, and capstone projects; . (d) Reservations Section 2201 of that Act ( 20 U.S.C. 6621 (1) by striking paragraph (2); and (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (e) Learn purposes and definitions Section 2221(b) of that Act ( 20 U.S.C. 6641(b) (1) in paragraph (1)— (A) in subparagraph (K), by striking and (B) in subparagraph (L), by striking the period at the end and inserting ; and (C) by adding at the end the following: (M) provides opportunities for students to develop digital literacy and information literacy skills. ; and (2) in paragraph (2)(C), by inserting public libraries, or pediatric literacy programs which may include early childhood education programs (f) Comprehensive literacy state development grants Section 2222 of that Act ( 20 U.S.C. 6642 (1) in subsection (a), by striking From the amounts reserved by the Secretary under section 2201(2) and not reserved under subsection (b), From amounts appropriated to carry out this section (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking reserved to carry out this subpart appropriated to carry out this section (B) in paragraphs (2) and (3), by striking subpart section (3) in subsection (d)— (A) in paragraph (1), by striking and the State agency responsible for administering child care programs the State agency responsible for administering child care programs in the State, and the State library administrative agency (B) in paragraph (2)(A), by inserting , diverse high quality print materials, and effective school libraries, teachers of literacy (4) in subsection (f)(2)— (A) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (B) by inserting after subparagraph (A) the following: (B) Providing technical assistance to eligible entities in the development of effective school libraries, which may include establishing a statewide office to coordinate technical assistance for such libraries. . (g) Subgrants to eligible entities in support of birth through kindergarten entry literacy Section 2223(a)(1) of that Act ( 20 U.S.C. 6643(a)(1) the State library administrative agency, and, if applicable, (h) Innovative approaches to literacy Section 2226(a) of that Act ( 20 U.S.C. 6646(a) (1) in the matter preceding paragraph (1), by striking From amounts reserved under section 2201(2) From amounts appropriated to carry out this section (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (3) by inserting after paragraph (1) the following: (2) increasing the number of State-certified school librarians supporting students in high need schools; . (i) Technical amendments (1) Section 2231(a) of that Act ( 20 U.S.C. 6661(a) section 2201(3) section 2201(2) (2) Section 2241 of that Act ( 20 U.S.C. 6671 section 2201(4) section 2201(3) 5. Amendments to title iv (a) State use of funds Section 4104(b)(3)(A)(i) of that Act ( 20 U.S.C. 7114(b)(3)(A)(i) (1) by redesignating subclauses (VI) and (VII) as subclauses (VII) and (VIII), respectively; and (2) by inserting after subclause (V) the following: (VI) digital literacy and information literacy activities and programs, including those provided through effective school libraries; . (b) Activities To support well-Rounded educational opportunities Section 4107(a)(3) of that Act ( 20 U.S.C. 7117(a)(3) (1) by redesignating subparagraphs (I) and (J) as subparagraphs (J) and (K), respectively; and (2) by inserting after subparagraph (H) the following: (I) programs and activities the promote the development of digital literacy and information literacy skills, including those provided through an effective school library; . 6. Data collection and reporting on school libraries (a) Data collection The Secretary of Education shall direct the National Center for Education Statistics to biennially collect data on elementary school and secondary school libraries. (b) Elements The data collected biennially under subsection (a) shall include— (1) the number and percentage of elementary schools and secondary schools in each State that have dedicated school library facilities located on the grounds of the school and the square footage of each such library facility; (2) the number and percentage of schools counted under paragraph (1) that employ at least one full-time State-certified school librarian; and (3) with respect to each elementary and secondary school library— (A) the number of State-certified school librarians; (B) the number of additional school library staff; (C) the number and types of physical collections or assets; (D) the number and types of virtual collections or databases the school library has access to; (E) the number and types of student use devices managed by school library staff; (F) the amount of time State-certified school librarians spend planning with teachers and instructing students; (G) the amount of time State-certified school librarians spend planning with and providing professional development for teachers; and (H) other pertinent information that the Secretary of Education determines is important in order to support effective school libraries. (c) Report to congress Not later than one year after the date of enactment of this Act and every two years thereafter, the Secretary of Education shall submit to Congress a report that includes the data collected under this section. (d) ESEA terms In this section, the terms elementary school secondary school 20 U.S.C. 7801 (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year. 7. Liability protections related to the right to read (a) In general Section 8556 of that Act ( 20 U.S.C. 7946 (1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; (2) by inserting after subsection (a) the following: (b) Liability protections related to the right To read No teacher, school librarian, school leader, paraprofessional, or other staff shall be liable for harm caused by an act or omission of such person if the actions were carried out in conformity with State or local policies regarding the right to read. ; (3) in subsection (a), in the matter preceding paragraph (1), by striking subsection (b) subsection (c) (4) in subsection (c)(3), as redesignated by paragraph (1), by striking A State law that Except with respect to subsection (b), a State law that (5) in subsection (f), as redesignated by paragraph (1)— (A) in paragraph (1), by striking Nothing in this section Except with respect to subsection (b), nothing in this section (B) in paragraph (2), by striking Nothing in this subpart Except with respect to subsection (b), nothing in this subpart (b) Preemption and election of state nonapplicability Section 8555(b) of that Act ( 20 U.S.C. 7945(b) This subpart shall not apply Except for section 8556(b), this subpart shall not apply 8. Protecting constitutional rights in school libraries Subpart 2 of part F of title VIII of that Act ( 20 U.S.C. 7901 et seq. 8549D. Protecting constitutional rights in school libraries The Secretary shall require an assurance from each State and local educational agency receiving funds under this Act confirming that the State or local educational agency— (1) will protect the First Amendment rights of students in school libraries and will affirmatively further the right to receive information by— (A) providing access to a variety of reading materials; (B) recognizing that public schools prepare individuals for participation as citizens; (C) recognizing that school boards have important and discretionary functions; (D) acknowledging that among a school board’s functions is a role to play in determining the holdings of a school library; (E) understanding the importance of First Amendment protections in school libraries as centers for voluntary inquiry and the dissemination of information and ideas; (F) understanding that school boards must exercise their discretionary authority in a manner that comports with First Amendment protections and imperatives; and (G) understanding that the exercise of a school board’s role in determining the holdings of a school library may not be done in a manner that is partisan, political, or otherwise aimed at prescribing particular schools of thought or opinion; and (2) will provide equal protection in the conduct of school libraries in compliance with the requirements of the Fourteenth Amendment and nondiscrimination laws. .

Right to Read Act of 2023

Student Veterans Transparency and Protection Act of 2023 This bill addresses the maintenance of the GI Bill Comparison Tool and administration of Department of Veterans Affairs (VA) educational assistance. The VA must maintain the tool and ensure its historical data remains easily and prominently accessible on the VA's benefits website for at least seven years from the initial publication. The VA must retain, maintain, and publish feedback from students and state approving agencies regarding the quality of instruction, recruiting practices, and post-graduation employment placement of approved institutions of higher learning for the duration that the institution is approved for VA benefit purposes. The bill provides institutions of higher learning with up to 90 days to review and respond to any feedback and address issues before the feedback is published. The bill requires that the GI Bill Comparison Tool include updated information, including descriptions of each federal student aid program. The VA must train personnel that provide education benefits counseling, vocational or transition assistance, or similar functions to properly use the comparison tool and provide appropriate education counseling services. The VA must restore entitlement to educational assistance in situations where there is a civil enforcement action or VA action against an educational institution, and an individual was unable to complete the course or program of education due to such action.

118 S1309 IS: Student Veterans Transparency and Protection 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. 1309 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Schatz Mr. Rounds Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to improve how the Department of Veterans Affairs discloses to individuals entitled to educational assistance from the Department risks associated with using such assistance at particular educational institutions and to restore entitlement of students to such assistance who are pursuing programs of education at educational institutions that are subject to Federal or State civil enforcement action, and for other purposes. 1. Short title This Act may be cited as the Student Veterans Transparency and Protection Act of 2023 2. Improving transparency and accountability of educational institutions for purposes of veterans educational assistance (a) Requirement relating to G.I. Bill Comparison tool (1) Requirement to maintain tool The Secretary of Veterans Affairs shall maintain the G.I. Bill Comparison Tool that was established pursuant to Executive Order 13607 (77 Fed. Reg. 25861; relating to establishing principles of excellence for educational institutions serving service members, veterans, spouses, and other family members) and in effect on the day before the date of the enactment of this Act, or successor tool, to provide relevant and timely information about programs of education approved under chapter 36 (2) Data retention The Secretary shall ensure that historical data that is reported via the tool maintained under paragraph (1) remains easily and prominently accessible on the benefits.va.gov website, or successor website, for a period of not less than seven years from the date of initial publication. (b) Providing timely and relevant education information to veterans, members of the armed forces, and other individuals (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in coordination with the Secretary of Education, shall make such changes to the tool maintained under subsection (a) as the Secretary determines appropriate to ensure that such tool is an effective and efficient method for providing information pursuant to section 3698(b)(5) of title 38, United States Code. (2) Modification of scope of comprehensive policy on providing education information Section 3698 of title 38, United States Code, is amended— (A) in subsection (a), by striking veterans and members of the Armed Forces individuals entitled to educational assistance under laws administered by the Secretary of Veterans Affairs (B) in subsection (b)(5)— (i) by striking veterans and members of the Armed Forces individuals described in subsection (a) (ii) by striking the veteran or member the individual (3) G.I. bill comparison tool required disclosures Paragraph (1) of subsection (c) of such section is amended— (A) by striking subparagraph (B) and inserting the following: (B) for each individual described in subsection (a) seeking information provided under subsection (b)(5) the name of each Federal student aid program, and a description of each such program, from which the individual may receive educational assistance. ; (B) in subparagraph (C)— (i) in clause (i), by inserting and a definition of each type of institution; (ii) in clause (iv), by inserting and if so, which programs; (iii) by striking clause (v) and inserting the following: (v) the average annual cost to earn an associate's degree and a bachelor's degree, with available cost information on any other degree or credential the institution awards; ; (iv) in clause (vi), by inserting before the semicolon disaggregated by— (I) individuals who received a credential and individuals who did not; and (II) individuals using educational assistance under laws administered by the Secretary and individuals who are not ; (v) in clause (xv), by striking the period at the end and inserting a semicolon; and (vi) by adding at the end the following new clauses: (xvi) transfer-out rates; (xvii) credentials available and the average time for completion of each credential; (xviii) employment rate and median income of graduates of the institution in general, disaggregated by— (I) specific credential; and (II) individuals using educational assistance under laws administered by the Secretary and individuals who are not; (xix) the number of individuals using educational assistance under laws administered by the Secretary who are enrolled in the institution per year; and (xx) a list of each civil settlement or finding resulting from a Federal or State action in a court of competent jurisdiction against the institution for violation of a provision of Federal or State law that materially affects the education provided at the institution or is the result of illicit activity, including deceptive marketing or misinformation provided to prospective students or current enrollees. . (4) Clarity of information provided Paragraph (2) of such subsection is amended— (A) by inserting (A) To the extent (B) by adding at the end the following new subparagraph: (B) The Secretary shall ensure that information provided under subsection (b)(5) is provided in a manner that is easy and accessible to individuals described in subsection (a). . (c) Improvements for student feedback (1) In general Subsection (b)(2) of such section is amended— (A) by amending subparagraph (A) to read as follows: (A) provides institutions of higher learning up to 90 days to review and respond to any feedback and address issues regarding the feedback before the feedback is published; ; (B) in subparagraph (B), by striking ; and (C) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following new subparagraphs: (D) for each institution of higher learning that is approved under this chapter, retains, maintains, and publishes all of such feedback for the entire duration that the institution of higher is approved under this chapter; and (E) is easily accessible to individuals described in subsection (a) and to the general public. . (2) Accessibility from G.I. Bill Comparison Tool The Secretary shall ensure that— (A) the feedback tracked and published under subsection (b)(2) of such section, as amended by paragraph (1), is prominently displayed in the tool maintained under subsection (a) of this section; and (B) when such tool displays information for an institution of higher learning, the applicable feedback is also displayed for such institution of higher learning. (d) Training for provision of education counseling services (1) In general Not less than one year after the date of the enactment of this Act, the Secretary shall ensure that personnel employed or contracted by the Department of Veteran Affairs to provide education benefits counseling, vocational or transition assistance, or similar functions, including employees or contractors of the Department who provide such counseling or assistance as part of the Transition Assistance Program, are trained on how— (A) to use properly the tool maintained under subsection (a); and (B) to provide appropriate educational counseling services to individuals described in section 3698(a) of such title, as amended by subsection (b)(2)(A). (2) Transition assistance program defined In this subsection, the term Transition Assistance Program 3. Restoration of entitlement to veterans educational assistance and other relief for veterans affected by civil enforcement actions against educational institutions (a) In general Section 3699(b)(1) of title 38, United States Code, is amended— (1) in subparagraph (B)(ii), by striking ; or (2) in subparagraph (C), by striking ; and (3) by adding at the end the following new subparagraphs: (D) a Federal or State civil enforcement action against the education institution; or (E) an action taken by the Secretary; and . (b) Mechanism The Secretary of Veterans Affairs shall establish a simple mechanism that can be used by an individual described in subsection (b)(1) of section 3699 of such title by reason of subparagraph (C) or (D) of such subsection, as added by subsection (a)(3) of this section, to obtain relief under section 3699(a) of such title. (c) Conforming amendments (1) Section heading The heading for section 3699 of such title is amended by striking or disapproval of educational institution of, disapproval of, or civil enforcement actions against educational institutions (2) Subsection heading The heading for subsection (a) of such section is amended by striking or Disapproval , Disapproval, Civil Enforcement Actions, and Other Actions by Secretary of Veterans Affairs (3) Table of sections The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3699 and inserting the following new item: 3699. Effects of closure of, disapproval of, or civil enforcement actions against educational institutions. .

Student Veterans Transparency and Protection Act of 2023

Improving Access to Workers' Compensation for Injured Federal Workers Act of 2023 This bill expands the role of nurse practitioners and physician assistants in providing services to injured federal workers under the federal workers' compensation program. Specifically, under the program, nurse practitioners and physician assistants acting within the scope of their practice may (1) prescribe or recommend treatment for injured federal workers; (2) certify the nature of an injury and probable extent of disability; (3) provide prescribed treatment for injured federal workers; and (4) participate, with a physician designated by the Department of Labor, in a mandatory workers' compensation examination of an injured worker. In general, only physicians may fulfill these roles under current law.

118 S131 IS: Improving Access to Workers’ Compensation for Injured Federal Workers 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. 131 IN THE SENATE OF THE UNITED STATES January 30, 2023 Mr. Brown Ms. Collins Committee on Homeland Security and Governmental Affairs A BILL To amend chapter 81 1. Short title This Act may be cited as the Improving Access to Workers’ Compensation for Injured Federal Workers Act of 2023 2. Inclusion of physician assistants and nurse practitioners in Federal Employees’ Compensation Act (a) Inclusion Section 8101 of title 5, United States Code, is amended— (1) in paragraph (3), by inserting , other eligible providers, osteopathic practitioners (2) by striking and (3) by striking the period at the end of paragraph (20) and inserting ; and (4) by adding at the end the following: (21) other eligible provider . (b) Conforming amendments Chapter 81 (1) in section 8103(a)— (A) by inserting or other eligible provider physician (B) in paragraph (3), by inserting or other eligible providers physicians (2) in section 8121(6), by inserting or other eligible provider physician (3) in section 8123(a)— (A) by inserting or other eligible provider The employee may have a physician (B) by inserting or other eligible provider United States and the physician (c) Regulations Not later than 6 months after the date of enactment of this Act, the Secretary shall finalize rules to carry out the amendments made by this Act. 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

Improving Access to Workers’ Compensation for Injured Federal Workers Act of 2023

Udall Foundation Reauthorization Act of 2023 This bill reauthorizes through FY2028 the Morris K. Udall and Stewart L. Udall Foundation, its Environmental Dispute Resolution Fund, and the foundation's support for training of health care and public policy professionals through the Native Nations Institute. The foundation, an independent executive branch agency, works to strengthen (1) the stewardship of the environment, public lands, and natural resources; and (2) Native Nations to facilitate their self-determination, governance, and human capital goals.

118 S1311 : Udall Foundation 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. 1311 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Kelly A BILL To reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and for other purposes. 1. Short title This Act may be cited as the Udall Foundation Reauthorization Act of 2023 2. Reauthorization of the Udall Foundation Trust Fund Section 13 of the Morris K. Udall and Stewart L. Udall Foundation Act ( 20 U.S.C. 5609 (1) in subsection (a), by striking 2023 2028 (2) in subsection (b), in the matter preceding paragraph (1), by striking 2023 2028 (3) in subsection (c), by striking 5-fiscal year period 5-fiscal year period beginning with fiscal year 2024.

Udall Foundation Reauthorization Act of 2023

Securing our Border Act This bill addresses issues concerning border security and immigration, including by transferring funds from the Internal Revenue Service to certain border-related projects. Specifically, the bill transfers certain funds previously appropriated for tax enforcement activities (e.g., collecting owed taxes and conducting criminal investigations) to fund (1) nonintrusive inspection systems along the northern border and southwest border of the United States, and (2) the construction of a border wall system along the southwest border. The bill also authorizes the U.S. Customs and Border Protection to pay recruitment, retention, and relocation bonuses, subject to various requirements and limitations. For example, a relocation bonus may not exceed 15% of the agent's annual basic bay and must be conditioned on the agent agreeing to serve for at least three years at the new duty station. The bill also modifies the treatment of non-U.S. nationals (aliens under federal law) arriving by land from a country next to the United States. Specifically, if such an individual is not clearly entitled to admission into the United States, the Department of Justice must (1) return the individual to that neighboring country or a safe third country while removal proceedings are pending, or (2) detain the individual while the individual's asylum application is under consideration. (Current law authorizes DOJ to return the individual to the neighboring country but does not require such action or detention.)

117 S1312 IS: Securing our Border 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. 1312 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Scott of South Carolina Mr. Daines Ms. Ernst Mr. Lankford Ms. Lummis Mr. Rounds Mr. Cassidy Mrs. Blackburn Committee on Finance A BILL To reprogram $15,000,000,000 to improve border security and enforcement, and for other purposes. 1. Short title This Act may be cited as the Securing our Border Act 2. Findings Congress finds the following: (1) United States border security is paramount to the general welfare of our Nation and ensures the efficient and meaningful flow of goods and individuals through legal means. (2) Illicit narcotics transported into the United States through ports of entry were estimated to cause approximately 104,000 deaths between February 2021 and February 2022. (3) Only 2 percent of passenger vehicles and 20 percent of commercial vehicles crossing the southern border are scanned by nonintrusive inspection technology through a radiation portal monitor. (4) U.S. Customs and Border Protection agents process more than 1,000,000 passengers and pedestrians on a typical day. (5) Limiting the amount of deadly illicit narcotics, including fentanyl, from entering the United States would reduce the number of Americans who die annually from the use of such narcotics. (6) Because of the failure to update nonintrusive inspection technologies at land ports of entry along the southern border of the United States, there has been an increase in the amount of illicit narcotics, such as fentanyl, being trafficked across the southern border. (7) Between 2021 and 2022, approximately 1,514,000 pounds of illicit drugs were seized at the southern border. (8) U.S. Customs and Border Protection agents had 199,976 encounters at the southern border during July 2022, including— (A) 134,362 single adults; (B) 51,822 family units; and (C) 13,299 unaccompanied minors. (9) According to the Department of Homeland Security, 750 migrants died attempting to cross the southern border during fiscal year 2022, which is— (A) more migrant deaths than occurred in any previous fiscal year; and (B) more than 200 more migrant deaths than the number of such deaths during fiscal year 2021. (10) The United States has a backlog of open removal cases, which totaled more than 1,820,000 as of June 2022. (11) Since October 1, 2019, U.S. Customs and Border Protection has reported 1,302 encounters with potential terrorists at ports of entry along the southern and northern borders. (12) According to U.S. Customs and Border Protection onboard staffing data, approximately 2,700 additional U.S. Customs and Border Protection officers need to be stationed at United States ports of entry to fully staff such ports. (13) There are approximately 20,000 border agents stationed at ports of entry along the southern border. (14) Due to shifting priorities, construction delays, a lack of available technology solutions, and funding constraints, most southern U.S. Border Patrol sectors still rely on obsolete systems or technologies. 3. Funding for nonintrusive border inspections Of the unobligated balances from amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 4. Funding for border wall construction (a) In general Of the unobligated balances from amounts made available under section 10301(1)(A)(ii) of Public Law 117–169 (b) Quarterly reports The Secretary of Homeland Security shall submit quarterly reports to the Committee on Appropriations of the Senate Committee on Finance of the Senate Committee on Homeland Security and Governmental Affairs of the Senate Committee on Appropriations of the House of Representatives Committee on Ways and Means of the House of Representatives Committee on Homeland Security of the House of Representatives (1) an implementation plan with benchmarks related to stemming illegal immigration; and (2) cost estimates associated with border wall system construction. 5. Authorization to provide bonuses to U.S. Customs and Border Protection agents (a) Recruitment bonuses (1) In general Subject to the approval of the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection may pay a recruitment bonus, not to exceed $15,000, to each newly hired U.S. Customs and Border Protection agent after— (A) the agent completes initial basic training; and (B) the execution of a written agreement described in paragraph (2). (2) Written agreement A written agreement described in this paragraph is a legally binding agreement between a newly hired agent and U.S. Customs and Border Protection that— (A) specifies the amount of the bonus payment to be paid to such agent, including the timing of such payment; (B) the length of the period of service required to be completed before such agent is entitled to retain such payment; and (C) any other terms and conditions to which such payment is subject. (b) Retention bonuses Subject to the approval of the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection may pay annual retention bonuses, not to exceed 15 percent of the agent's basic pay, to U.S. Border Patrol agents after the completion of each year of satisfactory service, as determined by the Commissioner. (c) Relocation bonus Subject to the approval of the Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection may pay a relocation bonus, not to exceed 15 percent of the agent's annual basic pay, to a U.S. Customs and Border Protection agent who agrees to be transferred and to serve for not less than 3 years at the new duty station. (d) Limitation None of the bonuses paid to a U.S. Customs and Border Protection agent pursuant to subsections (a) through (c) may be considered part of the basic pay of such agent for any purpose, including for retirement or in computing a lump-sum payment to the agent for accumulated and accrued annual leave under section 5551 or 5552 of title 5, United States Code. 6. Treatment of aliens arriving from contiguous territory Section 235(b)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(2)(C) may return shall— (i) return the alien to such territory, or to a safe third country (as described in section 208), pending the completion of a proceeding under section 240; or (ii) detain the alien for further consideration of an application for asylum, which shall include a determination of credible fear of persecution. .

Securing our Border Act

Recruiting Families Using Data Act of 2023 This bill requires state plans for child welfare services to provide for the development and implementation of a family partnership plan to improve foster care placement stability, increase rates of kinship placements, and align the composition of foster and adoptive families with the needs of children in or entering foster care. The Children's Bureau of the Office of the Administration for Children & Families also must include in its annual report information from states about the number, demographics, and characteristics of foster and adoptive families as well as a summary of the challenges related to recruiting and being foster or adoptive parents.

118 S1313 IS: Recruiting Families Using Data 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. 1313 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Grassley Ms. Hassan Mr. Wicker Mr. Luján Committee on Finance A BILL To amend parts B and E of title IV of the Social Security Act to improve foster and adoptive parent recruitment and retention, and for other purposes. 1. Short title This Act may be cited as the Recruiting Families Using Data Act of 2023 2. State plan amendment (a) In general Section 422 of the Social Security Act ( 42 U.S.C. 622 (1) in subsection (b)(7), by inserting through the development and implementation of a family partnership plan which meets the requirements of subsection (d) for identification, recruitment, screening, licensing, support, and retention of foster and adoptive families are needed (2) by adding at the end the following: (d) Family Partnership Plan Requirements For purposes of subsection (b)(7), the requirements for a family partnership plan (in this subsection referred to as the plan (1) The plan is developed in consultation with birth, kinship, foster and adoptive families, community-based service providers, technical assistance providers, and youth with lived experience with foster care and adoption. (2) The plan describes— (A) how the State plans to identify, notify, engage, and support relatives (and others connected to the child) as potential placement resources for children; (B) how the State plans to develop and implement child-specific recruitment plans for every child in or entering foster care who needs a foster or adoptive family; (C) how the State plans to authentically engage children and youth in recruitment efforts on their behalf; (D) how the State plans to use data to establish goals, assess needs, measure progress, reduce unnecessary placements in congregate care, increase permanency, improve placement stability, increase the rate of kinship placements, improve recruitment and retention of families for teens, sibling groups, and other special populations, and align the composition of foster and adoptive families with the needs of children in or entering foster care; and (E) how that State will stand up or support foster family advisory boards for the purpose of improving recruitment and retention of foster and adoptive families. (3) The plan provides that, not less than annually, the State shall collect and report on the State’s actual foster family capacity and congregate care utilization, including the number, demographics, and characteristics of licensed foster families, including prospective adoptive families, the number of such families that haven’t received a placement or are not being fully utilized and the reasons therefor, and the number, demographics, and characteristics of children placed in congregate care in-State and out-of-State. (4) The plan includes, and shall update not less than annually, a summary of the most recent feedback from foster and adoptive parents and youth regarding licensure, training, support, and reasons why parents stop fostering or why adoptive or legal guardianship placements out of foster care fail or foster and such adoptive of legal guardianship families struggle to meet children’s needs. (5) The plan includes, and shall update annually, a report on the State’s analysis of specific challenges or barriers to recruiting, licensing, and utilizing families who reflect the racial and ethnic background of children in foster care in the State, and the State’s efforts to overcome those challenges and barriers. (6) The plan includes such other information relating to foster and adoptive parent recruitment and retention as the Secretary may require. . (b) Effective date (1) In general Except as provided in paragraph (2), the amendment made by this subsection shall take effect on October 1, 2024. (2) Delay permitted if state legislation required In the case of a State plan approved under subpart 1 of part B of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this subsection. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. 3. Inclusion of information on foster and adoptive families in annual child welfare outcomes report to Congress Section 479A(a) of the Social Security Act ( 42 U.S.C. 679b(a) (1) in paragraph (6)(C), by striking and (2) in paragraph (7)(B), by striking the period and inserting ; and (3) by adding at the end the following: (8) include in the report submitted pursuant to paragraph (5) for fiscal year 2025 or any succeeding fiscal year— (A) State-by-State data on the number, demographics, and characteristics of foster and adoptive families in the State, and the number of potential foster and adoptive families not being utilized in the State and the reasons why; (B) a summary of the challenges of, and barriers to, being a foster or adoptive parent, including with respect to recruitment, licensure, engagement, retention, and why parents stop fostering, adoptions disrupt or dissolve, or foster or adoptive families struggle, as reported by States based on surveys of foster and adoptive parents; and (C) a summary of the challenges and barriers States reported on efforts to recruit a pool of families that reflect the racial and ethnic background of children in foster care in the State, and efforts to overcome those barriers. .

Recruiting Families Using Data Act of 2023

Veterans' Health Empowerment, Access, Leadership, and Transparency for our Heroes (HEALTH) Act of 2023 This bill modifies the Veterans Community Care Program (VCCP), including by requiring the Department of Veterans Affairs (VA) to develop and implement plans to improve the administration of the VCCP. Specifically, the bill provides statutory authority for the VCCP eligibility standards for when a veteran is eligible to elect to receive non-VA care through the VCCP. The VA must notify a covered veteran of eligibility for care or services under the VCCP within two business days after the VA is aware the veteran is seeking care. If a request by a veteran for care or services under the VCCP is denied, the VA must notify the veteran within two business days of the reason for the denial and instructions on how to appeal the denial using the clinical appeals process of the Veterans Health Administration. Among other elements, the bill also requires the Government Accountability Office to report on the VA's efforts to ensure veterans are informed about eligibility for care and services under the VCCP and the performance of the Office of Integrated Veteran Care in improving access to care for veterans in VA facilities; VCCP providers to submit a claim for payment to the VA not later than one year after the care or service was furnished (current law requires submission within 180 days); the Office of Inspector General of the VA to assess the performance of each VA medical center in implementing the VCCP.

114 S1315 IS: Veterans' Health Empowerment, Access, Leadership, and Transparency for our Heroes (HEALTH) 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. 1315 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Moran Ms. Sinema Committee on Veterans' Affairs A BILL To improve the provision of care and services under the Veterans Community Care Program of the Department of Veterans Affairs, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Veterans' Health Empowerment, Access, Leadership, and Transparency for our Heroes (HEALTH) 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—Improvement of Veterans Community Care Program Sec. 101. Codification of requirements for eligibility standards for access to community care from Department of Veterans Affairs. Sec. 102. Requirement that Secretary notify veterans of eligibility for care under Veterans Community Care Program. Sec. 103. Consideration under Veterans Community Care Program of veteran preference for care and need for caregiver or attendant. Sec. 104. Notification of denial of request for care under Veterans Community Care Program. Sec. 105. Discussion of telehealth options under Veterans Community Care Program. Sec. 106. Finality of decision by veteran and veteran’s referring provider. Sec. 107. Outreach regarding care and services under Veterans Community Care Program. Sec. 108. Plan to improve administration of care under Veterans Community Care Program. Sec. 109. Use of value-based reimbursement models under Veterans Community Care Program. Sec. 110. Extension of deadline for submittal of claims by health care entities and providers under prompt payment standard. Sec. 111. Inspector General assessment of implementation of Veterans Community Care Program. TITLE II—Other health care matters Sec. 201. Strategic plan on transition of Veterans Health Administration to value-based health care model. Sec. 202. Plan on establishment of interactive, online self-service module for care. Sec. 203. Publication of wait times for care at medical centers of Department of Veterans Affairs. Sec. 204. Documentation of preferences of veterans for scheduling of appointments for care. Sec. 205. Staffing model and performance metrics for certain employees of the Department of Veterans Affairs. Sec. 206. Modification of requirements for Center for Innovation for Care and Payment of the Department of Veterans Affairs and requirement for pilot program. Sec. 207. Online health education portal for veterans enrolled in patient enrollment system of Department of Veterans Affairs. Sec. 208. Reports. I Improvement of Veterans Community Care Program 101. Codification of requirements for eligibility standards for access to community care from Department of Veterans Affairs (a) Eligibility access standards Section 1703B of title 38, United States Code, is amended— (1) by striking subsections (a) through (e) and inserting the following: (a) Eligibility standards for access to community care (1) A covered veteran shall be eligible to elect to receive non-Department hospital care, medical services, or extended care services, excluding nursing home care, through the Veterans Community Care Program under section 1703 of this title pursuant to subsection (d)(1)(D) of such section using the following eligibility access standards: (A) With respect to primary care, mental health care, or extended care services, excluding nursing home care, if the Department cannot schedule an appointment for the covered veteran with a health care provider of the Department who can provide the needed service— (i) within 30 minutes average driving time (or such shorter average driving time as the Secretary may prescribe) from the residence of the veteran unless a longer average driving time has been agreed to by the veteran in consultation with a health care provider of the veteran; and (ii) within 20 days (or such shorter period as the Secretary may prescribe) of the date of request for such an appointment unless a later date has been agreed to by the veteran in consultation with a health care provider of the veteran. (B) With respect to specialty care, if the Department cannot schedule an appointment for the covered veteran with a health care provider of the Department who can provide the needed service— (i) within 60 minutes average driving time (or such shorter average driving time as the Secretary may prescribe) from the residence of the veteran unless a longer average driving time has been agreed to by the veteran in consultation with a health care provider of the veteran; and (ii) within 28 days (or such shorter period as the Secretary may prescribe) of the date of request for such an appointment unless a later date has been agreed to by the veteran in consultation with a health care provider of the veteran. (2) For the purposes of determining the eligibility of a covered veteran for care or services under paragraph (1), the Secretary shall not take into consideration the availability of telehealth appointments from the Department when determining whether the Department is able to furnish such care or services in a manner that complies with the eligibility access standards under such paragraph. (3) In the case of a covered veteran who has had an appointment with a health care provider of the Department canceled by the Department for a reason other than the request of the veteran, in calculating a wait time for a subsequent appointment under paragraph (1), the Secretary shall calculate such wait time from the date of the request for the original, canceled appointment. (4) If a veteran agrees to a longer average drive time or a later date under subparagraph (A) or (B) of paragraph (1), the Secretary shall document the agreement to such longer average drive time or later date in the electronic health record of the veteran and provide the veteran a copy of such documentation. Such copy may be provided electronically. (b) Application The Secretary shall ensure that the eligibility access standards established under subsection (a) apply— (1) to all care and services within the medical benefits package of the Department to which a covered veteran is eligible under section 1703 of this title, excluding nursing home care; and (2) to all covered veterans, regardless of whether a veteran is a new or established patient. (c) Periodic review of access standards Not later than three years after the date of the enactment of the Veterans' Health Empowerment, Access, Leadership, and Transparency for our Heroes (HEALTH) Act of 2023 (1) conduct a review of the eligibility access standards under subsection (a) in consultation with— (A) such Federal entities as the Secretary considers appropriate, including the Department of Defense, the Department of Health and Human Services, and the Centers for Medicare & Medicaid Services; (B) entities and individuals in the private sector, including— (i) veteran patients; (ii) veterans service organizations; and (iii) health care providers participating in the Veterans Community Care Program under section 1703 of this title; and (C) other entities that are not part of the Federal Government; and (2) submit to the appropriate committees of Congress a report on— (A) the findings of the Secretary with respect to the review conducted under paragraph (1); and (B) such recommendations as the Secretary may have with respect to the eligibility access standards under subsection (a). ; (2) by striking subsection (g); (3) by redesignating subsections (f), (h), and (i) as subsections (d), (e), and (f), respectively; (4) in subsection (d), as redesignated by paragraph (3)— (A) by striking established (B) in paragraph (1), by striking (1) Subject to Compliance by community care providers with access standards (5) in subsection (e), as so redesignated— (A) in paragraph (1)— (i) by striking (1) Consistent with Determination regarding eligibility (ii) by striking designated access standards established under this section eligibility access standards under subsection (a) (B) in paragraph (2)(B), by striking designated access standards established under this section eligibility access standards under subsection (a) (6) in subsection (f), as redesignated by paragraph (2)— (A) in the matter preceding paragraph (1), by striking In this section Definitions (B) in paragraph (2)— (i) by striking covered veterans covered veteran (ii) by striking veterans described a veteran described (b) Conforming amendments Section 1703(d) of such title is amended— (1) in paragraph (1)(D), by striking designated access standards developed by the Secretary under section 1703B of this title eligibility access standards under section 1703B(a) of this title (2) in paragraph (3), by striking designated access standards developed by the Secretary under section 1703B of this title eligibility access standards under section 1703B(a) of this title 102. Requirement that Secretary notify veterans of eligibility for care under Veterans Community Care Program Section 1703(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: (5) (A) The Secretary shall notify each covered veteran in writing of the eligibility of such veteran for care or services under this section as soon as possible, but not later than two business days, after the date on which the Secretary is aware that the veteran is seeking care or services and is eligible for such care or services under this section. (B) With respect to each covered veteran eligible for care or services under subsection (d), the Secretary shall provide such veteran periodic reminders, as the Secretary determines appropriate, of their ongoing eligibility under such subsection. (C) Any notification or reminder under this paragraph may be provided electronically. . 103. Consideration under Veterans Community Care Program of veteran preference for care and need for caregiver or attendant Section 1703(d)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraphs: (F) The preference of the covered veteran for where, when, and how to seek hospital care, medical services, or extended care services. (G) Whether the covered veteran requests or requires the assistance of a caregiver or attendant when seeking hospital care, medical services, or extended care services. . 104. Notification of denial of request for care under Veterans Community Care Program Section 1703 of title 38, United States Code, is amended— (1) by redesignating subsection (o) as subsection (p); and (2) by inserting after subsection (n) the following new subsection (o): (o) Notification of denial of request for care and how To appeal (1) If a request by a veteran for care or services under this section is denied, the Secretary shall notify the veteran in writing as soon as possible, but not later than two business days, after the denial is made— (A) of the reason for the denial; and (B) with instructions on how to appeal such denial using the clinical appeals process of the Veterans Health Administration. (2) If a denial under paragraph (1) is due to not meeting the eligibility access standards under section 1703B(a) of this title, notice under such paragraph shall include an explanation for why the Secretary does not consider the veteran to have met such standards. (3) Any notification under this subsection may be provided electronically. . 105. Discussion of telehealth options under Veterans Community Care Program Section 1703 of title 38, United States Code, as amended by section 104, is further amended— (1) by redesignating subsection (p) as subsection (q); and (2) by inserting after subsection (o) the following new subsection (p): (p) Discussion of options for telehealth When discussing options for care or services for a covered veteran under this section, the Secretary shall ensure that the veteran is informed of the ability of the veteran to seek care or services via telehealth, either through a medical facility of the Department or under this section, if telehealth— (1) is available to the veteran; (2) is appropriate for the type of care or services the veteran is seeking, as determined by the Secretary; and (3) is acceptable to the veteran. . 106. Finality of decision by veteran and veteran’s referring provider (a) In general Section 1703 of title 38, United States Code, as amended by sections 104 and 105, is further amended— (1) by redesignating subsection (q) as subsection (r); and (2) by inserting after subsection (p) the following new subsection (q): (q) Finality of decision by veteran and referring provider An agreement by a covered veteran and the covered veteran’s referring provider under this section regarding the best medical interest of the covered veteran or regarding eligibility for care or services under this section, including an agreement under subsection (d)(1)(E), is final and may not be changed by the Department without the knowledge and consent, documented in writing, of the covered veteran and the provider unless there is a statutory or regulatory barrier preventing the Department from providing the care or services in question. . (b) Conforming amendment Section 1703(d)(1)(E) of title 38, United States Code, is amended by striking referring clinician referring provider 107. Outreach regarding care and services under Veterans Community Care Program (a) In general Section 1703 of title 38, United States Code, as amended by sections 104, 105, and 106, is further amended— (1) by redesignating subsection (r) as subsection (s); and (2) by inserting after subsection (q) the following new subsection (r): (r) Outreach regarding availability of care and services (1) The Secretary shall— (A) conduct public outreach to inform veterans of— (i) the conditions for eligibility for care or services under subsections (d) and (e); (ii) how to request such care or services; and (iii) how to appeal a denial of a request for such care or services using the clinical appeals process of the Veterans Health Administration; and (B) ensure that information about eligibility for care or services under subsections (d) and (e) is prominently displayed on the website of the Department and included in other outreach campaigns and activities conducted by the Secretary. (2) Upon enrollment of a veteran in the system of annual patient enrollment established and operated under section 1705 of this title, and not less frequently than every two years thereafter, the Secretary shall directly inform the veteran of— (A) the conditions for eligibility for care or services under subsections (d) and (e); (B) how to request such care or services; and (C) how to appeal a denial of a request for such care or services using the clinical appeals process of the Veterans Health Administration. (3) The Secretary shall ensure that each medical facility of the Department publicly displays information regarding— (A) the conditions for eligibility of veterans for care or services under subsections (d) and (e); (B) how to request such care or services; and (C) how to appeal a denial of a request for such care or services using the clinical appeals process of the Veterans Health Administration. . (b) Transitional services upon separation from armed forces Section 1144(f)(1)(B)(i) of title 10, United States Code, is amended by inserting , including how to enroll in the system of annual patient enrollment established and operated under section 1705 of title 38, the ability to seek care and services under sections 1703 and 1710 of such title (c) Solid Start program Section 6320(a)(2)(A) of title 38, United States Code, is amended by inserting , including how to enroll in the system of annual patient enrollment established and operated under section 1705 of this title and the ability to seek care and services under sections 1703 and 1710 of this title (d) Comptroller General report on outreach Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the efforts of the Department of Veterans Affairs to ensure that veterans are informed of the conditions for eligibility for care and services under section 1703 of title 38, United States Code, including outreach conducted under subsection (r) of such section, as added by subsection (a) of this section. 108. Plan to improve administration of care under Veterans Community Care Program (a) In general The Secretary of Veterans Affairs, working with Third Party Administrators and acting through the Center for Innovation for Care and Payment of the Department of Veterans Affairs under section 1703E of title 38, United States Code, shall develop and implement a plan— (1) to provide monetary and non-monetary incentives to health care providers specified in subsection (c) of section 1703 of title 38, United States Code, furnishing care or services under the Veterans Community Care Program under such section pursuant to an agreement with a Third Party Administrator— (A) to allow the Secretary and Third Party Administrators to see the scheduling system of the provider for purposes of assessing availability and assisting with scheduling appointments for veterans under such program, including through synchronous, asynchronous, and asynchronous assisted digital scheduling; (B) to complete training for continuing professional education credit regarding veteran cultural competency and other subjects as determined appropriate by the Secretary and to better account for equivalent or similar non-Department training; (C) to improve the rate of the timely return to the Department of medical record documentation for care or services provided under such program; (D) to improve the timeliness and quality of the delivery of care and services to veterans under such program; and (E) to achieve such other objectives as determined appropriate by the Secretary in consultation with Third Party Administrators; (2) to decrease the rate of no-show appointments under such program and consider the feasibility and advisability of appropriately compensating such health care providers for no-show appointments under such program; and (3) within each region in which such program is carried out, to assess needed specialties and incentivize community providers in those specialties to participate in such program. (b) Value-Based reimbursement models In developing the plan under subsection (a), the Secretary and Third Party Administrators shall explore value-based reimbursement models authorized to be used under section 1703(i)(5) of title 38, United States Code, to achieve the goals under such subsection. (c) Submittal of plan (1) Initial plan Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives the plan developed under subsection (a). (2) Quarterly update Not less frequently than quarterly during the five-year period following the submittal of the plan under paragraph (1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing any updates on the implementation of such plan. (3) Use of value-based reimbursement models The Secretary shall include with the plan submitted under paragraph (1) and any report submitted under paragraph (2)— (A) a complete list of the value-based reimbursement models considered under the plan; (B) an indication of whether any such model has been put into practice; and (C) with respect to any such model that was considered but not put into practice, a description of the reasons such model was not put into practice. (d) No penalty for not meeting objectives Health care providers specified in section 1703(c) of title 38, United States Code, shall not be penalized for not meeting an objective under paragraph (1) of subsection (a) included in the plan required under such subsection. (e) Rule of construction This section shall not be construed to be a pilot program subject to the requirements of section 1703E of title 38, United States Code. (f) Third Party Administrator defined In this section, the term Third Party Administrator 109. Use of value-based reimbursement models under Veterans Community Care Program (a) In general Section 1703(i)(5) of title 38, United States Code, is amended by striking may shall (b) Negotiation of terms The Secretary of Veterans Affairs shall negotiate with Third Party Administrators to establish the use of value-based reimbursement models under the Veterans Community Care Program under section 1703 of title 38, United States Code, pursuant to the amendment made by subsection (a). (c) Report on value-Based reimbursement models Not later than one year after negotiating under subsection (b) terms to establish the use of value-based reimbursement models under the Veterans Community Care Program under section 1703 of title 38, United States Code, the Secretary, in consultation with the Center for Innovation for Care and Payment of the Department of Veterans Affairs under section 1703E of title 38, United States Code, and the Office of Integrated Veteran Care of the Department, or successor office, shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing— (1) an assessment of the efforts of the Department pursuant to section 1703(i)(5) of such title, as amended by subsection (a), to incorporate value-based reimbursement models to promote the provision of high-quality care to veterans; and (2) such recommendations for legislative or administrative action as the Secretary considers appropriate to increase the use of value-based reimbursement models throughout the Veterans Community Care Program under section 1703 of such title. (d) Rule of construction This section shall not be construed to be a pilot program subject to the requirements of section 1703E of title 38, United States Code. (e) Third Party Administrator defined In this section, the term Third Party Administrator 110. Extension of deadline for submittal of claims by health care entities and providers under prompt payment standard Section 1703D(b) of title 38, United States Code, is amended by striking 180 days one year 111. Inspector General assessment of implementation of Veterans Community Care Program (a) In general Not later than three years after the date of the enactment of this Act, and periodically thereafter as the Inspector General of the Department of Veterans Affairs considers appropriate, the Inspector General shall assess the performance of each medical center of the Department of Veterans Affairs in— (1) appropriately identifying veterans eligible for care and services under section 1703 of title 38, United States Code; (2) informing veterans of their eligibility for such care and services, including, if appropriate and applicable, the availability of such care and services via telehealth; (3) delivering such care and services in a timely manner; and (4) appropriately coordinating such care and services. (b) Commencement of assessment Not later than one year after the date of the enactment of this Act, the Inspector General of the Department shall commence the initial assessment required by subsection (a). II Other health care matters 201. Strategic plan on transition of Veterans Health Administration to value-based health care model (a) Findings Congress makes the following findings: (1) The final report of the Creating Options for Veterans’ Expedited Recovery Commission (commonly referred to as the COVER Commission Public Law 114–198 38 U.S.C. 1701 (2) The consensus study report of the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine dated February 2022 and entitled, Achieving Whole Health: A New Approach for Veterans and the Nation (3) The consensus study report of the National Academy of Medicine dated October 2020 found that a value-based care model helps reduce physician burnout. (4) The National Academy of Medicine has developed a widely accepted approach that describes high-value health care as safe, timely, effective, efficient, equitable, and patient-centered (STEEEP). Further, the Institute for Healthcare Improvement has translated that approach into a framework for action known as the Quadruple Aim (5) Health care systems that have made the transition to value-based care have seen a significant decrease in suicides among their patient population, and the top clinical priority of the Veterans Health Administration is suicide prevention. (6) Value-based care programs can encourage providers to work together to deliver coordinated, person-centered care, which will improve the overall quality of care. (7) A critical component of a successful transition to a value-based care delivery model is an operational electronic health record system in place as a foundation. (b) Establishment of working group (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a working group on the shift of the Veterans Health Administration to a value-based care system. (2) Membership (A) Required members The working group shall include, at a minimum, the following members: (i) The Under Secretary of Veterans Affairs for Health. (ii) The Director of the Office of Mental Health and Suicide Prevention of the Department of Veterans Affairs, or successor office. (iii) The Director of the Office of Integrated Veteran Care of the Department, or successor office. (iv) The Director of the Office of Rural Health of the Department, or successor office. (v) The Director of the Office of Connected Care of the Department, or successor office. (vi) The Director of the Office of Information and Technology of the Department, or successor office. (vii) The Chief Officer of the Office of Healthcare Innovation and Learning of the Office of Discovery, Education, and Affiliate Networks of the Veterans Health Administration, or successor office. (viii) An individual designated by the Secretary from the Center for Innovation for Care and Payment of the Department under section 1703E of title 38, United States Code. (ix) An individual designated by the Administrator of the Centers for Medicare & Medicaid Services from the Center for Medicare and Medicaid Innovation. (x) An individual designated by the Secretary of Health and Human Services from the Federal Office of Rural Health Policy of the Health Resources and Services Administration. (B) Optional members The Secretary of Veterans Affairs may appoint any of the following individuals as members of the working group: (i) An individual representing the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine. (ii) An individual designated by the Chairman of the Veterans’ Expedited Recovery Commission (commonly referred to as the COVER Commission Public Law 114–198 38 U.S.C. 1701 (iii) Three individuals representing a private health care system that has made the transition to value-based care. (iv) Three individuals representing a health care provider participating in the Veterans Community Care Program under section 1703 of title 38, United States Code, that operates under a value-based care model. (v) An individual representing an organization recognized by the Secretary of Veterans Affairs under section 5902 of title 38, United States Code. (3) Exemption from application of FACA Chapter 10 (c) Development of strategic plan (1) In general Not later than one year after the establishment of the working group under subsection (b), the working group shall develop a strategic plan to shift the Veterans Health Administration to a value-based care system. (2) Elements The strategic plan required under paragraph (1) shall contain the following elements: (A) An identification of the current state of the Veterans Health Administration, including an assessment of the current model of health care delivery used by the Veterans Health Administration in medical facilities of the Department of Veterans Affairs and through the Veterans Community Care Program under section 1703 of title 38, United States Code, in comparison to a value-based care system. (B) An analysis of the leadership of the Veterans Health Administration, including an assessment of leadership acumen and ability to implement a shift with a clear, shared vision and effective change management and care coordination. (C) An identification of goals for the future of the Veterans Health Administration. (D) An identification and classification of the current capabilities and gaps of the health care system of the Department of Veterans Affairs. (E) An analysis of the four main types of value-based care models, including— (i) a selection of the model that best fits a successful transition for the Veterans Health Administration; and (ii) a thorough justification of the selection of such model. (F) A definition of what quality means with respect to access to health care and delivery of health care. (G) A definition of what value means with respect to care furnished by the Veterans Health Administration, a system, with metrics, for measuring value within the Veterans Health Administration that includes outcomes, safety, service, access, and total cost of patient care, and an analysis of variable value with respect to patient outcomes across different health care types and specialities. (H) An assessment of the current information technology infrastructure of the Veterans Health Administration and any recommendations to make such infrastructure more robust. (I) An assessment of the workforce challenges and needs of the Veterans Health Administration, including with respect to recruitment and retention and the effectiveness of the ability of the performance appraisal system of the Veterans Health Administration to appropriately incentivize and reward employees and ensure adherence to relevant statutes, regulations, policy directives, and treatment guidelines. (J) An assessment of the current value-driven framework of the Department for evaluating health care innovations and how that framework could be used to propel a shift in the model of care delivery by the Department. (K) A focus on value-based care for primary care, inpatient and outpatient mental health care, and inpatient and outpatient substance use treatment. (L) A description of the timeline, costs, and legislative or administrative action necessary to transition the Veterans Health Administration to a value-based care system. (d) Submittal of strategic plan to Congress Not later than 30 days after the completion by the working group established under subsection (b) of the strategic plan required under subsection (c), the Secretary of Veterans Affairs shall submit the strategic plan to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives. (e) Pilot program implementation of strategic plan (1) In general Not later than 180 days after the submittal under subsection (d) of the strategic plan required under subsection (c), the Secretary of Veterans Affairs shall commence a five-year pilot program to implement the strategic plan. (2) Care included The pilot program under paragraph (1) shall include the implementation of the strategic plan for the delivery by the Veterans Health Administration of primary care, inpatient and outpatient mental health treatment, and inpatient and outpatient substance use treatment. (3) Locations The Secretary shall carry out the pilot program under paragraph (1) in four Veterans Integrated Service Networks that are geographically dispersed and shall include the following: (A) A Veterans Integrated Service Network that predominately serves veterans in rural and highly rural areas. (B) A Veterans Integrated Service Network that predominately serves veterans in urban areas. (C) A Veterans Integrated Service Network that has a high rate of suicide among veterans. (D) A Veterans Integrated Service Network that has a high rate of substance use disorder among veterans. (E) A Veterans Integrated Service Network with a documented issue with workforce recruitment and retention. (4) Reports to Congress (A) Annual report Not later than one year after the commencement of the pilot program, and annually thereafter during the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. (B) Final report Not later than 180 days before the conclusion of the pilot program, the Secretary shall submit to Congress a final report on the pilot program that includes a plan and timeline for full implementation of the strategic plan required under subsection (c) across the entire Veterans Health Administration. 202. Plan on establishment of interactive, online self-service module for care (a) In general The Secretary of Veterans Affairs, working with Third Party Administrators and acting through the Center for Innovation for Care and Payment of the Department of Veterans Affairs under section 1703E of title 38, United States Code, shall develop and implement a plan to establish an interactive, online self-service module— (1) to allow veterans to request appointments, track referrals for health care under the laws administered by the Secretary, whether at a facility of the Department or through a non-Department provider, and receive appointment reminders; (2) to allow veterans to appeal and track decisions relating to— (A) denials of requests for care or services under section 1703 of title 38, United States Code; or (B) denials of requests for care or services at facilities of the Department, including under section 1710 of such title; and (3) to implement such other matters as determined appropriate by the Secretary in consultation with Third Party Administrators. (b) Submittal of plan (1) Initial plan Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives the plan developed under subsection (a). (2) Quarterly update Not less frequently than quarterly following the submittal of the plan under paragraph (1) and for two years thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing any updates on the implementation of such plan. (c) Rule of construction This section shall not be construed to be a pilot program subject to the requirements of section 1703E of title 38, United States Code. (d) Third Party Administrator defined In this section, the term Third Party Administrator 203. Publication of wait times for care at medical centers of Department of Veterans Affairs (a) In general Subchapter I of chapter 17 section 1703F 1703G. Publication of wait times for care at medical centers (a) In general The Secretary shall publish on a publicly available internet website of the Department the average wait time for a veteran to schedule an appointment at each medical center of the Department for the receipt of primary care, specialty care, and mental health care measured from the date of request for the appointment to the date on which the care was provided. (b) Update The Secretary shall update the wait times published under subsection (a) not less frequently than monthly. . (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1703F the following new item: 1703G. Publication of wait times for care at medical centers. . 204. Documentation of preferences of veterans for scheduling of appointments for care (a) In general Upon enrollment of a veteran in the system of annual patient enrollment of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code, and not less frequently than annually thereafter, the Secretary of Veterans Affairs shall solicit from the veteran the preference of the veteran for scheduling of appointments for health care and related services furnished by the Department, including through non-Department providers. (b) Documentation of preference Preferences provided by a veteran pursuant to subsection (a) shall be documented on My HealtheVet or another system designated by the Secretary that allows the veteran to change such preferences at any time. (c) Inclusion in preference Preferences solicited under subsection (a) shall include the following: (1) How and when the veteran prefers to be contacted by the Department about an appointment for health care. (2) Whether the veteran prefers to schedule their own appointments, if able. (3) Whether the veteran prefers to select their own provider, if able. (4) Whether the veteran prefers appointments to be scheduled during certain days or times. (5) Whether the veteran is willing to consider telehealth appointments. (d) Use of preference The Secretary shall make the preferences provided under subsection (a) easily accessible to medical support assistants and other staff of the Department assisting in the appointment scheduling process to use to improve the timeliness of the scheduling of appointments for health care and related services furnished by the Department, including through non-Department providers. 205. Staffing model and performance metrics for certain employees of the Department of Veterans Affairs (a) Staffing model (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall— (A) develop, validate, and implement a staffing model for the Office of Integrated Veteran Care of the Department of Veterans Affairs, or successor office, Veterans Integrated Services Networks, and medical centers of the Department that includes appropriate target staffing levels nationally, regionally, and locally to ensure timely access to care and effectively oversee the provision of care by the Department, whether at a facility of the Department or through a non-Department provider; and (B) provide to Congress a briefing on such staffing model, which shall include— (i) the metrics and measures used by the Secretary in developing such staffing model; and (ii) an analysis of how such staffing model compares to the staffing models of other relevant government and private sector health care systems. (2) Report on implementation of staffing model Not later than one year after implementing the staffing model required under paragraph (1), the Secretary shall submit to Congress and the Comptroller General of the United States a report containing— (A) an update on such implementation; and (B) information on the outcomes yielded by such staffing model in terms of improved access to care for veterans and improved compliance with relevant laws, regulations, policy directives, and guidance governing access to care. (b) Performance metrics (1) In general Not later than one year after the date of the enactment of this Act, the Secretary shall develop and implement a plan to incorporate appropriate performance metrics and accountability measures within the performance appraisal systems for employees of the Department specified in paragraph (2). (2) Employees of the Department specified Employees of the Department specified in this paragraph are employees who are responsible for ensuring timely access to care from the Department, compliance with relevant statutes and regulations relating to the provision of care, including section 1703 of title 38, United States Code, and overseeing the provision of care, whether at a facility of the Department or through a non-Department provider, including employees within the Office of Integrated Veteran Care of the Department, or successor office, employees of a Veterans Integrated Service Network, and employees of a medical center of the Department. (3) Report on implementation of performance metrics Not later than one year after implementing the performance metrics required under paragraph (1), the Secretary shall submit to Congress and the Comptroller General of the United States a report containing— (A) an update on such implementation; and (B) information on the outcomes yielded by such performance metrics in terms of improved access to care for veterans and improved compliance with relevant laws, policy directives, and guidance governing access to care. (c) Comptroller General report Not later than two years after receiving the report under subsection (a)(2) or the report under subsection (b)(3), whichever occurs later, the Comptroller General of the United States shall submit to Congress a report— (1) assessing the performance of the Office of Integrated Veteran Care of the Department, or successor office, in improving access to care for veterans in facilities of the Department and pursuant to section 1703 of title 38, United States Code; and (2) containing such recommendations as the Comptroller General considers appropriate relating to improving access to such care. 206. Modification of requirements for Center for Innovation for Care and Payment of the Department of Veterans Affairs and requirement for pilot program (a) In general Section 1703E of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking within the Department within the Office of the Secretary (B) in paragraph (2), by striking may shall (C) in paragraph (3)— (i) in subparagraph (A), by striking ; and (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following new subparagraph: (C) increase productivity, efficiency, and modernization throughout the Department. ; (2) by striking subsection (d) and inserting the following new subsection (d): (d) Budgetary line item The Secretary shall include in the budget justification materials submitted to Congress in support of the budget of the Department of Veterans Affairs for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) specific identification, as a budgetary line item, of the amounts required to carry out this section. ; (3) in subsection (f)— (A) in paragraph (1), by striking in subchapters I, II, and III of this chapter of this title, of title 38, Code of Federal Regulations, and of any handbooks, directives, or policy documents of the Department (B) in paragraph (2), in the matter preceding subparagraph (A), by striking waiving any authority waiving any provision of this title (4) in subsection (g)(1), by inserting fewer than three or more than 10 (5) in subsection (i)— (A) in paragraph (1), by striking the Under Secretary for Health and the Special Medical Advisory Group established pursuant to section 7312 of this title the Under Secretary for Health, the Special Medical Advisory Group established pursuant to section 7312 of this title, the Office of Integrated Veteran Care (or successor office), the Office of Finance (or successor office), the Veteran Experience Office (or successor office), the Office of Enterprise Integration (or successor office), and the Office of Information and Technology (or successor office) (B) in paragraph (2), by striking representatives of relevant Federal agencies, and clinical and analytical experts with expertise in medicine and health care management representatives of relevant Federal agencies, nonprofit organizations, and other public and private sector entities, including those with clinical and analytical experts with expertise in medicine and health care management (6) by adding at the end the following new subsection: (k) Report on activities of Center for Innovation for Care and Payment Not less frequently than annually, the Secretary shall submit to Congress a report that contains, for the one-year period preceding the date of the report— (1) a full accounting of the activities, staff, budget, and other resources and efforts of the Center; and (2) an assessment of the outcomes of the efforts of the Center. . (b) Comptroller General Report Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report— (1) on the efforts of the Center for Innovation for Care and Payment of the Department of Veterans Affairs in fulfilling the objectives and requirements under section 1703E of title 38, United States Code, as amended by subsection (a); and (2) containing such recommendations as the Comptroller General considers appropriate. (c) Pilot program (1) In general Not later than one year after the date of the enactment of this Act, the Center for Innovation for Care and Payment of the Department of Veterans Affairs under section 1703E of title 38, United States Code, shall establish a three-year pilot program in not fewer than five locations to allow veterans enrolled in the system of annual patient enrollment of the Department established and operated under section 1705(a) of such title to access outpatient mental health and substance use services through health care providers specified under section 1703(c) of such title without referral or pre-authorization. (2) Priority In selecting sites for the pilot program under paragraph (1), the Secretary shall prioritize sites in the following areas: (A) Areas with varying degrees of urbanization, including urban, rural, and highly rural areas. (B) Areas with high rates of suicide among veterans. (C) Areas with high rates of overdose deaths among veterans. (D) Areas with high rates of calls to the Veterans Crisis Line. (E) Areas with long wait times for mental health and substance use services at facilities of the Department. (F) Areas with outpatient mental health and substance use programs that utilize a value-based care model, to the extent practicable. (3) Elements The Secretary, in implementing the pilot program under paragraph (1), shall ensure the Department has a care coordination system in place that includes— (A) knowledge sharing, including the timely exchange of medical documentation; (B) assistance with transitions of care, including the potential need for inpatient or residential psychiatric services, substance use detoxification services, post-detoxification step-down services, and residential rehabilitation programs; (C) continuous assessment of patient needs and goals; and (D) creating personalized, proactive care plans. (4) Oversight and outcomes The Secretary shall develop appropriate metrics and measures— (A) to track and oversee sites at which the pilot program under paragraph (1) is carried out; (B) to monitor patient safety and outcomes under the pilot program; and (C) to assess and mitigate any barriers to extending the pilot program across the entire Veterans Health Administration. (5) Annual report (A) In general Not later than one year after the commencement of the pilot program under paragraph (1), and not less frequently than annually thereafter during the duration of the pilot program, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program, which shall include the following: (i) The number of unique veterans who participated in the pilot program. (ii) The number of health care providers who participated in the pilot program. (iii) An assessment of the effectiveness of the pilot program in increasing access to, and improving outcomes for, mental health and substance use treatment services. (iv) The cost of the pilot program. (v) Such other matters as the Secretary considers appropriate. (B) Final report The Secretary shall include in the final report submitted under subparagraph (A), in addition to the requirements under such subparagraph, the assessment by the Secretary of the feasibility and advisability of extending the pilot program across the entire Veterans Health Administration, including a plan, timeline, and required resources for such an extension. (6) Veterans crisis line defined In this subsection, the term Veterans Crisis Line 207. Online health education portal for veterans enrolled in patient enrollment system of Department of Veterans Affairs Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an online health education portal that includes interactive online educational modules to ensure veterans enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code, understand their basic health care eligibilities and entitlements under the laws administered by the Secretary, including under the Veterans Community Care Program under section 1703 of such title. 208. Reports (a) Report on improvements to clinical appeals process Not later than one year after the date of the enactment of this Act, and not less frequently than once every three years thereafter, the Secretary of Veterans Affairs, in consultation with veterans service organizations, veterans, caregivers of veterans, employees of the Department of Veterans Affairs, and other stakeholders as determined by the Secretary, shall submit to the Committee on Veterans’ Affairs of the Senate and Committee on Veterans’ Affairs of the House of Representatives a report containing recommendations for legislative or administrative action to improve the clinical appeals process of the Department with respect to timeliness, transparency, objectivity, consistency, and fairness. (b) Report on required care and services under community care program Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and Committee on Veterans’ Affairs of the House of Representatives a report that contains, for the one-year period preceding the date of the report, the following: (1) The number of veterans eligible for care or services under section 1703 of title 38, United States Code, and the reasons for such eligibility, including multiple such reasons for veterans eligible under more than one eligibility criteria. (2) The number of veterans who opt to seek care or services under such section. (3) The number of veterans who do not opt to seek care or services under such section. (4) An assessment of the timeliness of referrals for care or services under such section. (5) The number of times a veteran did not show for an appointment for care or services under such section. (6) The number of requests for an appeal of a denial of care or services under such section using the clinical appeals process of the Veterans Health Administration. (7) The timeliness of each such appeal. (8) The outcome of each such appeal. (c) Veterans service organization defined In this section, the term veterans service organization

Veterans' Health Empowerment, Access, Leadership, and Transparency for our Heroes (HEALTH) Act of 2023

Servicemembers' Credit Monitoring Enhancement Act This bill makes available to uniformed service members free electronic credit monitoring that is currently available to active duty service members.

118 S1316 IS: Servicemembers’ Credit Monitoring Enhancement 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. 1316 IN THE SENATE OF THE UNITED STATES April 26, 2023 Ms. Klobuchar Mr. Cramer Mr. Carper Mr. Daines Committee on Banking, Housing, and Urban Affairs A BILL To amend the Fair Credit Reporting Act to expand the definition of an active duty military consumer for purposes of certain credit monitoring requirements, and for other purposes. 1. Short title This Act may be cited as the Servicemembers’ Credit Monitoring Enhancement Act 2. Credit monitoring (a) In general Section 605A(k) of the Fair Credit Reporting Act ( 15 U.S.C. 1681c–1(k) (1) by amending paragraph (1) to read as follows: (1) Definitions In this subsection: (A) Uniformed services The term uniformed services (B) Uniformed services member consumer The term uniformed services member consumer (i) a member of the uniformed services; or (ii) a spouse, or a dependent who is not less than 18 years old, of a member of the uniformed services. ; and (2) in paragraph (2)(A), by striking active duty military consumer uniformed services member consumer (b) Regulations The Federal Trade Commission shall issue rules to carry out the amendments made by subsection (a). (c) Effective date The amendments made by subsection (a) shall take effect on the date that is 1 year after the date on which the Federal Trade Commission issues the final rule under subsection (b).

Servicemembers’ Credit Monitoring Enhancement Act

Anti-Racism in Public Health Act of 2023 This bill establishes within the Centers for Disease Control and Prevention (CDC) a National Center on Antiracism and Health and a law enforcement violence prevention program. In particular, the new center must carry out various activities to address racism and its impact on health and well-being. This includes declaring racism a public health crisis, collecting and analyzing data, and administering research and grant programs. Additionally, the bill specifically directs the CDC's National Center for Injury Prevention and Control, in coordination with the Department of Justice and other relevant stakeholders, to implement the law enforcement violence prevention program by conducting research and supporting other activities pertaining to law enforcement violence and public health.

118 S1317 IS: Anti-Racism in Public Health 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. 1317 IN THE SENATE OF THE UNITED STATES April 26, 2023 Ms. Warren Mr. Merkley Mr. Markey Ms. Smith Ms. Hirono Mr. Wyden Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide for public health research and investment into understanding and eliminating structural racism and police violence. 1. Short title This Act may be cited as the Anti-Racism in Public Health Act of 2023 2. Definitions In this Act: (1) Antiracism The term antiracism (2) Antiracist The term antiracist 3. Public health research and investment in dismantling structural racism Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. 320C. National Center on Antiracism and Health (a) In general (1) National center There is established within the Centers for Disease Control and Prevention a center to be known as the National Center on Antiracism and Health Center (A) declaring racism a public health crisis and naming racism as an historical and present threat to the physical and mental health and well-being of the United States and world; (B) aiming to develop new knowledge in the science and practice of antiracism, including by identifying the mechanisms by which racism operates in the provision of health care and in systems that impact health and well-being; (C) transferring that knowledge into practice, including by developing interventions that dismantle the mechanisms of racism and replace such mechanisms with equitable structures, policies, practices, norms, and values so that a healthy society can be realized; and (D) contributing to a national and global conversation regarding the impacts of racism on the health and well-being of the United States and world. (2) General duties The Secretary, acting through the Center, shall undertake activities to carry out the mission of the Center as described in paragraph (1), such as the following: (A) Conduct research into, collect, analyze and make publicly available data on, and provide leadership and coordination for the science and practice of antiracism, the public health impacts of structural racism, and the effectiveness of intervention strategies to address these impacts. Topics of research and data collection under this subparagraph may include identifying and understanding— (i) policies and practices that have a disparate impact on the health and well-being of communities of color; (ii) the public health impacts of implicit racial bias, White supremacy, weathering, xenophobia, discrimination, and prejudice; (iii) the social determinants of health resulting from structural racism, including poverty, housing, employment, political participation, and environmental factors; and (iv) the intersection of racism and other systems of oppression, including as related to age, sexual orientation, gender identity, and disability status. (B) Award noncompetitive grants and cooperative agreements to eligible public and nonprofit private entities, including State, local, territorial, and Tribal health agencies and organizations, for the research and collection, analysis, and reporting of data on the topics described in subparagraph (A). (C) Establish, through grants or cooperative agreements, at least 3 regional centers of excellence, located in racial and ethnic minority communities, in antiracism for the purpose of developing new knowledge in the science and practice of antiracism in health by researching, understanding, and identifying the mechanisms by which racism operates in the health space, racial and ethnic inequities in health care access and outcomes, the history of successful antiracist movements in health, and other antiracist public health work. (D) Establish a clearinghouse within the Centers for Disease Control and Prevention for the collection and storage of data generated under the programs implemented under this section for which there is not an otherwise existing surveillance system at the Centers for Disease Control and Prevention. Such data shall— (i) be comprehensive and disaggregated, to the extent practicable, by including racial, ethnic, primary language, sex, gender identity, sexual orientation, age, socioeconomic status, and disability disparities; (ii) be made publicly available; (iii) protect the privacy of individuals whose information is included in such data; and (iv) comply with privacy protections under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (E) Provide information and education to the public on the public health impacts of structural racism and on antiracist public health interventions. (F) Consult with other Centers and National Institutes within the Centers for Disease Control and Prevention, including the Office of Minority Health and Health Equity and the Center for State, Tribal, Local, and Territorial Support, to ensure that scientific and programmatic activities initiated by the agency consider structural racism in their designs, conceptualizations, and executions, which shall include— (i) putting measures of racism in population-based surveys; (ii) establishing a Federal Advisory Committee on racism and health for the Centers for Disease Control and Prevention; (iii) developing training programs, curricula, and seminars for the purposes of training public health professionals and researchers around issues of race, racism, and antiracism; (iv) providing standards and best practices for programming and grant recipient compliance with Federal data collection standards, including section 4302 of the Patient Protection and Affordable Care Act; and (v) establishing leadership and stakeholder councils with experts and leaders in racism and public health disparities. (G) Coordinate with the Indian Health Service and with the Centers for Disease Control and Prevention’s Tribal Advisory Committee to ensure meaningful Tribal consultation, the gathering of information from Tribal authorities, and respect for Tribal data sovereignty. (H) Engage in government to government consultation with Indian Tribes and Tribal organizations. (I) At least every 2 years, produce and publicly post on the Centers for Disease Control and Prevention’s website a report on antiracist activities completed by the Center, which may include newly identified antiracist public health practices. (b) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. . 4. Public health research and investment in police violence (a) In general The Secretary of Health and Human Services shall establish within the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention (referred to in this section as the Center (b) General duties In implementing the program under subsection (a), the Center shall conduct research into, and provide leadership and coordination for— (1) the understanding and promotion of knowledge about the public health impacts of uses of force by law enforcement, including police brutality and violence; (2) developing public health interventions and perspectives for eliminating deaths, injury, trauma, and negative mental health effects from police presence and interactions, including police brutality and violence; and (3) ensuring comprehensive data collection, analysis, and reporting regarding police violence and misconduct in consultation with the Department of Justice and independent researchers. (c) Functions Under the program under subsection (a), the Center shall— (1) summarize and enhance the knowledge of the distribution, status, and characteristics of law enforcement-related death, trauma, and injury; (2) conduct research and prepare, with the assistance of State public health departments— (A) statistics on law enforcement-related death, injury, and brutality; (B) studies of the factors, including legal, socioeconomic, discrimination, and other factors that correlate with or influence police brutality; (C) public information about uses of force by law enforcement, including police brutality and violence, for the practical use of the public health community, including publications that synthesize information relevant to the national goal of understanding police violence and methods for its control; (D) information to identify socioeconomic groups, communities, and geographic areas in need of study, and a strategic plan for research necessary to comprehend the extent and nature of police uses of force by law enforcement, including police brutality and violence, and determine what options exist to reduce or eradicate death and injury that result; and (E) best practices in police violence prevention in other countries; (3) award grants, contracts, and cooperative agreements to provide for the conduct of epidemiologic research on uses of force by law enforcement, including police brutality and violence, by Federal, State, local, and private agencies, institutions, organizations, and individuals; (4) award grants, contracts, and cooperative agreements to community groups, independent research organizations, academic institutions, and other entities to support, execute, or conduct research on interventions to reduce or eliminate uses of force by law enforcement, including police brutality and violence; (5) coordinate with the Department of Justice, and other Federal, State, and local agencies on the standardization of data collection, storage, and retrieval necessary to collect, evaluate, analyze, and disseminate information about the extent and nature of uses of force by law enforcement, including police brutality and violence, as well as options for the eradication of such practices; (6) submit an annual report to Congress on research findings with recommendations to improve data collection and standardization and to disrupt processes in policing that preserve and reinforce racism and racial disparities in public health; (7) conduct primary research and explore uses of force by law enforcement, including police brutality and violence, and options for its control; and (8) study alternatives to law enforcement response as a method of reducing police violence. (d) Authorization of appropriations There is authorized to be appropriated, such sums as may be necessary to carry out this section.

Anti-Racism in Public Health Act of 2023

Election Worker Protection Act of 2023 This bill establishes certain protections for election workers. Specifically, the bill makes it a crime to intimidate, threaten, coerce, or harass an election worker with the intent to interfere with the official duties of, or retaliate against, the worker. The bill extends (1) the prohibition on certain types of intimidation in federal elections to also prohibit intimidation for processing ballots or tabulating, canvassing, or certifying votes; and (2) the prohibition on public disclosure of restricted personal information to also prohibit the disclosure of information about election officials, poll workers, or election volunteers in connection with a federal election. The bill also authorizes election officials to remove poll observers who are interfering with or attempting to disrupt the administration of an election. Additionally, the bill directs the Election Assistance Commission to award grants to states (or local governments under specified circumstances) for (1) recruiting and training individuals to serve as poll workers and election volunteers on dates of elections for public office, and (2) physical security services and social media threat monitoring for election workers. The bill directs the Department of Justice to (1) provide training to law enforcement and federal attorneys on addressing threats to election workers, and (2) establish a grant program to support programs to prevent the disclosure of personally identifiable information of election workers.

118 S1318 IS: Election Worker Protection 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. 1318 IN THE SENATE OF THE UNITED STATES April 26, 2023 Ms. Klobuchar Mr. Durbin Mr. King Mr. Markey Mr. Reed Mr. Blumenthal Mrs. Shaheen Mr. Bennet Mr. Welch Mrs. Feinstein Mrs. Murray Mr. Hickenlooper Mr. Sanders Mr. Warner Mr. Padilla Ms. Warren Mr. Schatz Ms. Smith Mr. Merkley Mr. Whitehouse Ms. Stabenow Ms. Hirono Mr. Menendez Committee on Rules and Administration A BILL To provide enhanced protections for election workers. 1. Short title This Act may be cited as the Election Worker Protection Act of 2023 2. Definitions In this Act: (1) Election worker The term election worker (2) Personally identifiable information The term personally identifiable information restricted personal information 3. Grants to States for election worker recruitment, training, and safety (a) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. 7 Election worker recruitment, training, and safety 297. Grants to States for poll worker and election volunteer recruitment and training (a) In general Not later than 1 year after the date of enactment of the Election Worker Protection Act of 2023 (b) Use of Commission materials and training program development (1) In general In carrying out activities using funds under a grant provided under this section, the recipient of the grant shall— (A) use the materials prepared by the Commission on successful practices for poll worker and election volunteer recruiting, training, and retention as an interactive training tool; and (B) develop training programs with the participation and input of experts in adult learning. (2) Access and cultural considerations The Commission shall ensure that the materials described in paragraph (1)(A) provide training in methods that will enable poll workers and election volunteers to provide access and delivery of services that meet the unique needs of each voter in a culturally competent manner with respect to each voter who uses the services, including voters who have limited English proficiency, are of diverse cultural or ethnic backgrounds, or have disabilities, regardless of gender, sexual orientation, or gender identity. (c) Requirements for eligibility (1) Application Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time, in such manner, and containing such information as the Commission may reasonably require. (2) Contents of application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) provide assurances that— (i) the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (ii) the State will furnish the Commission with information about individuals who served as poll workers and election volunteers after recruitment and training with the funds provided under this section; and (iii) the State will dedicate poll worker and election volunteer recruitment efforts with respect to— (I) youth and minors, including by recruiting at institutions of higher education and secondary education; and (II) diversity, including with respect to race, ethnicity, and disability; and (C) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (d) Amount of grant (1) In general The amount of a grant made to a State under this section shall be equal to the product of— (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined In paragraph (1), the voting age population percentage (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); divided by (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (e) Rules for States that do not submit an application and grants to political subdivisions (1) In general If a State fails to submit an application under subsection (c) at the time established by the Commission for such submission, the Commission may offer to political subdivisions within that State the opportunity to apply for a payment under this section. (2) Contents of application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) provide assurances that— (i) the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (ii) the political subdivision will furnish the Commission with information about individuals who served as poll workers and election volunteers after recruitment and training with the funds provided under this section; and (iii) the political subdivision will dedicate poll worker and election volunteer recruitment efforts with respect to— (I) youth and minors, including by recruiting at institutions of higher education and secondary education; and (II) diversity, including with respect to race, ethnicity, and disability; and (C) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (3) Amount of grants for political subdivisions The amount of a grant made to a political subdivision under this subsection shall be an amount that bears the same proportion to the amount determined with respect to the State in which the political subdivision is located as— (A) the aggregate amount made available for grants to States under this section; bears to (B) the voting age population percentage for the political subdivision of the State. (f) Reports to Congress (1) Relevant committees In this subsection, the term relevant committees (A) the Committees on Rules and Administration and Appropriations of the Senate; and (B) the Committees on Administration and Appropriations of the House of Representatives. (2) Reports by recipients of grants Not later than 180 days after the date on which the Commission makes a final grant under this section, the recipient shall submit a report to the Commission on the activities conducted with the funds provided under the grant. (3) Reports by Commission Not later than 1 year after the date on which the Commission makes the final grant under this section, the Commission shall submit a report to the relevant committees regarding— (A) the grants made under this section; (B) the activities carried out by recipients using funds provided under the grants; and (C) such recommendations relating to recruitment and training of election workers as the Commission considers appropriate. (g) Funding (1) Authorization There is authorized to be appropriated to the Commission for fiscal year 2024 and each succeeding fiscal year such sums as may be necessary for payments under this section, to remain available until expended. (2) Administrative expenses Of the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission. 298. Grants to States for election worker safety (a) In general Not later than 1 year after the date of enactment of the Election Worker Protection Act of 2023 (b) Requirements for eligibility (1) Application Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time, in such manner, and containing such information as the Commission may reasonably require. (2) Contents of application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; and (B) provide assurances that— (i) the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; and (ii) the State will furnish the Commission with information on the number of individuals provided services under this section. (c) Amount of grant (1) In general The amount of a grant made to a State under this section shall be equal to the product of— (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined In paragraph (1), the voting age population percentage (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); divided by (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (d) Rules for States that do not submit an application and grants to political subdivisions (1) In general If a State fails to submit an application under subsection (b) at the time established by the Commission for such submission, the Commission may offer to political subdivisions within that State the opportunity to apply for a payment under this section. (2) Contents of application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; and (B) provide assurances that— (i) the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; and (ii) the political subdivision will furnish the Commission with information on the number of individuals provided services under this section. (3) Amount of grants for political subdivisions The amount of a grant made to a political subdivision under this subsection shall be an amount that bears the same proportion to the amount determined with respect to the State in which the political subdivision is located as— (A) the aggregate amount made available for grants to States under this section; bears to (B) the voting age population percentage for the political subdivision of the State. (e) Reports to Congress (1) Relevant committees In this subsection, the term relevant committees (A) the Committees on Rules and Administration and Appropriations of the Senate; and (B) the Committees on Administration and Appropriations of the House of Representatives. (2) Reports by recipients of grants Not later than 180 days after the date on which the Commission makes a final grant under this section, the recipient shall submit a report to the Commission on the activities conducted with the funds provided under the grant. (3) Reports by Commission Not later than 1 year after the date on which the Commission makes the final grant under this section, the Commission shall submit a report to the relevant committees regarding— (A) the grants made under this section; (B) the activities carried out by recipients using funds provided under the grants; and (C) such recommendations for physical security services and social media threat monitoring as the Commission considers appropriate. (f) Funding There is authorized to be appropriated to the Commission for fiscal year 2024 and each succeeding fiscal year such sums as may be necessary for payments under this section, to remain available until expended. . (b) Clerical amendment The table of contents of the Help America Vote Act of 2002 is amended by adding at the end of the items relating to subtitle D of title II the following: PART 7—Election worker recruitment, training, and safety Sec. 297. Grants to States for election worker recruitment and training. Sec. 298. Grants to States for election worker safety. . 4. Department of Justice training resources for addressing threats to election workers (a) Review Not later than 180 days after the date of enactment of this Act, the Attorney General shall review training resources provided to Federal, State, local, and Tribal law enforcement agencies and ensure that the Department of Justice offers programs that include training and resources to assist State, local, and Tribal law enforcement agencies in understanding, detecting, deterring, and investigating threats to election workers. (b) Training The Attorney General shall make training available to Department prosecutors and to Assistant United States Attorneys on countering and prosecuting threats to election workers. 5. Grant program to prevent disclosure of personal information of election workers (a) Authorization Not later than 1 year after the date of enactment of this Act, the Attorney General shall establish a program to provide grants to create or expand programs designed to protect the personally identifiable information of election workers to entities that— (1) are— (A) States or units of local government (as those terms are defined in section 901 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 (B) agencies of States or units of local government; and (2) operate a State or local database or registry that contains personally identifiable information. (b) Application Each entity described in subsection (a) that desires a payment under this section shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may reasonably require. (c) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to provide grants to entities described in subsection (a) to create or expand programs designed to protect the personally identifiable information of election workers, including through— (1) the creation of programs to redact or remove the personally identifiable information of election workers, upon request, from public records maintained by State agencies, including by hiring third parties to redact or remove the personally identifiable information of election workers from public records; (2) the expansion of existing programs to protect personally identifiable information of election workers; (3) the development or improvement of protocols, procedures, and policies to prevent the release of personally identifiable information of election workers; (4) the defrayment of costs of modifying or improving existing databases and registries to ensure that personally identifiable information of election workers is protected from release; and (5) the development of confidential opt-out systems that allow election workers to request that personally identifiable information is not included in publicly accessible databases or registries. (d) Report (1) In general Not later than 2 years after the date of enactment of this Act, and biennially thereafter, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an annual report that includes a detailed description of the amount spent by States and local governments using funds under this section relating to protection of personally identifiable information of election workers. (2) States and local governments Not later than 180 days after the date on which a State or local government receives funds under this section, the State or local government shall submit to the Comptroller General a report that, with respect to that State or local government, contains the information described in paragraph (1) to be included in the report required under that paragraph. 6. Harassment of election workers prohibited (a) In general Chapter 29 612. Harassment of election workers (a) Election worker For purposes of this section, the term election worker (b) Harassment of election workers It shall be unlawful for any person, whether acting under color of law or otherwise, to intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce an election worker with intent to impede, intimidate, or interfere with that election worker while the election worker is engaged in the performance of official duties, or with intent to retaliate against the election worker on the basis of the performance of such duties. (c) Penalty Any person who violates subsection (b) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. (d) Special agents The Attorney General, acting through the Director of the Federal Bureau of Investigation, shall assign a special agent to each field office of the Federal Bureau of Investigation to investigate threats against election workers. . (b) Clerical amendment The table of contents for chapter 29 612. Harassment of election workers. . 7. Making intimidation of tabulation, canvas, and certification efforts a crime Section 12(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 (1) in subparagraph (B), by striking ; or (2) by adding at the end the following new subparagraph: (D) processing or scanning ballots, or tabulating, canvassing, or certifying voting results; or . 8. Prohibition of doxxing of election workers Section 119(b)(2) of title 18, United States Code, is amended— (1) in subparagraph (C), by striking or (2) in subparagraph (D), by inserting or (3) by adding at the end the following new subparagraph: (E) an election official, poll worker, or an election volunteer in connection with an election for a Federal office. . 9. Preventing poll observer interference (a) Voter protection requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. 303A. Voter protection requirements (a) In general A State or local election official may remove a poll observer from a polling location for an election for Federal office or any location where processing, scanning, tabulating, canvassing, or certifying voting results in such an election is occurring on the basis that the State or local election official has a reasonable basis to believe that the observer— (1) has engaged in, or imminently will engage in, intimidation or deceptive practices prohibited by Federal law; or (2) has disrupted, or will disrupt, the voting, processing, scanning, tabulating, or canvassing of ballots or the certification of results. (b) Rule of construction Nothing in subsection (a) may be construed to prevent a State or a unit of local government in a State from permitting the removal of a poll observer for reasons other than those described in subsection (a). (c) Effective date This section shall apply with respect to elections for Federal office occurring on and after the date of enactment of the Election Worker Protection Act of 2023 . (b) Conforming amendment relating to voluntary guidance Section 311(b) of the Help America Vote Act of 2022 ( 52 U.S.C. 21101(b) (1) in paragraph (2), by striking and (2) in paragraph (3), by striking the period at the end and inserting ; and (3) by adding at the end the following: (4) in the case of recommendations with respect to section 303A, January 1, 2024. . (c) Clerical amendment The table of contents of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 303 the following: Sec. 303A. Voter protection requirements. .

Election Worker Protection Act of 2023

Preventing Illegal Weapons Trafficking Act of 2023 This bill requires the Departments of Justice, Homeland Security, and the Treasury to develop and implement a strategy to prevent or intercept the importation or trafficking of machinegun conversion devices. The term machinegun conversion device means parts or combinations of parts designed and intended for use in converting a weapon into a machinegun. The bill also specifies that proceeds derived from the illegal trafficking of a machinegun are subject to seizure and forfeiture.

118 S1319 IS: Preventing Illegal Weapons Trafficking 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. 1319 IN THE SENATE OF THE UNITED STATES April 26, 2023 Ms. Klobuchar Mr. Peters Mr. Blumenthal Mr. Casey Mr. Durbin Mrs. Feinstein Mr. Heinrich Ms. Hirono Mr. Markey Mr. Menendez Mr. Murphy Mr. Padilla Mr. Reed Mrs. Shaheen Ms. Smith Mr. Whitehouse Mr. Wyden Committee on the Judiciary A BILL To address the importation and proliferation of machinegun conversion devices. 1. Short title This Act may be cited as the Preventing Illegal Weapons Trafficking Act of 2023 2. Definitions In this Act— (1) the term machinegun section 5845 (2) the term machinegun conversion device 3. Prevention and interception strategy (a) Strategy (1) In general Not later than 120 days after the date of enactment of this Act, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury shall develop and implement a strategy to prevent or intercept the importation or trafficking of machinegun conversion devices. (2) Contents The strategy described in paragraph (1) shall include plans to optimize— (A) the capacity of Federal law enforcement agencies to detect, intercept, and seize machinegun conversion devices; (B) the coordination between State and local law enforcement agencies and Federal law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, Homeland Security Investigations, and U.S. Customs and Border Protection, when machinegun conversion devices are seized at ports of entry; (C) efforts by the Bureau of Alcohol, Tobacco, Firearms and Explosives to collaborate with State and local law enforcement agencies to identify and trace machinegun conversion devices used in crimes, including identifying the source of the device, whether from a foreign country or the United States; (D) training programs provided by Federal law enforcement agencies to aid State and local law enforcement agencies in identifying machinegun conversion devices; (E) the investigation and collection of data regarding the origins of machinegun conversion devices that are seized at ports of entry or recovered by law enforcement agencies in the United States in order to identify patterns and detect vulnerabilities; and (F) the capacity of Federal law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and Homeland Security Investigations, to detect, intercept, and seize domestically produced machinegun conversion devices, including machinegun conversion devices produced using 3D printing technology. (b) Reports (1) Initial report Not later than 120 days after the date of enactment of this Act, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury shall submit a report on the strategy developed and implemented under subsection (a), which shall include relevant statistical information, to— (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; and (D) the Committee on Homeland Security of the House of Representatives. (2) Periodic updates Not less frequently than once every 2 years, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury shall submit to the congressional committees described in paragraph (1) an update to the report submitted under that paragraph that describes progress made on the implementation of the strategy developed under subsection (a). 4. Forfeiture of proceeds from machinegun violations Section 5872 (1) in subsection (a), by inserting , and any proceeds derived from the illegal trafficking of a machinegun, provisions of this chapter (2) by adding at the end the following: (c) Illegal trafficking of a machinegun For purposes of subsection (a), the term illegal trafficking of a machinegun . 5. Gun trafficking report The Attorney General shall include information about machinegun conversion devices in the annual firearms trafficking report announced by the President on April 7, 2021, including— (1) the number of crimes in which machinegun conversion devices are used; and (2) whether the machinegun conversion devices recovered from crimes described in paragraph (1) are manufactured in the United States or a foreign country.

Preventing Illegal Weapons Trafficking Act of 2023

Ukraine Human Rights Policy Act of 2023 This bill requires the President and the Department of State to provide Congress with certain information related to the conflict in Ukraine. The bill requires the President to determine, within 60 days of receiving a request from Congress, whether a person (individual or entity) described in the request meets the criteria to be subject to a sanctions law that targets those who commit serious human rights abuses in territory forcibly occupied by Russia. The President must submit a report to Congress stating whether the President imposed or intends to impose sanctions on any person described in such a request. The bill also requires the State Department to include additional information in certain human rights reports to Congress. The additional information concerns human rights abuses committed by Russian forces in Ukraine or against individuals in Ukraine who are forcibly relocated.

118 S1320 IS: Ukraine Human Rights Policy 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. 1320 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Young Ms. Rosen Committee on Foreign Relations A BILL To amend certain authorities relating to human rights violations and abuses in Ukraine, and for other purposes. 1. Short title This Act may be cited as the Ukraine Human Rights Policy Act of 2023 2. Congressional oversight of mandatory imposition of sanctions with respect to transactions with persons responsible for human rights abuses Section 11 of the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 ( 22 U.S.C. 8910 (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: (d) Congressional oversight (1) In general Not later than 60 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a person meets the criteria of a person described in subsection (a), the President shall— (A) determine if the person meets such criteria; and (B) submit a classified or unclassified report to such chairman and ranking member with respect to such determination that includes a statement of whether or not the President imposed or intends to impose sanctions under subsection (b) with respect to such person. (2) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. . 3. Sense of Congress Section 252 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9542 (1) by striking paragraph (1) and inserting the following: (1) the Government of the Russian Federation bears responsibility for the continuing violence in Ukraine and imposition onto Ukrainian sovereignty; ; (2) by redesignating paragraphs (2) through (10) as paragraphs (5) through (13), respectively; (3) by inserting after paragraph (1) the following: (2) the Government of the Russian Federation’s invasion of Ukraine reflects years of disregard for territorial integrity across the European continent; (3) paramilitary organizations are utilized by the Government of the Russian Federation to execute foreign policy goals, including through influence campaigns, economic coercion, and violence, particularly sexual violence against women; (4) ongoing violence from the Government of the Russian Federation across Europe creates implications for allies and partners of the United States outside of the European continent, and a deterrence strategy therefore requires coordination and cooperation with like-minded partners across the globe; ; and (4) by amending subparagraph (A) of paragraph (12) (as redesignated) to read as follows: (A) to identify vulnerabilities to aggression, information operations, in particular cyber warfare and military information support operations, corruption, and hybrid warfare by the Government of the Russian Federation and its proxy forces; . 4. Report on human rights abuses by the Russian Federation in Ukraine and against Ukrainian residents forcibly relocated (a) In general The Secretary of State shall include in the report required by sections 116(d) and 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) (b) Matters To be included The information required under subsection (a) shall include— (1) an assessment of Russian forces and Russian Federation-affiliated non-state groups involved in human rights abuses against civilians in Ukraine; (2) an assessment of the number of individuals, including the number of children, detained in filtration camps operated by the Russian Federation or its proxies; (3) a description of the conditions in such camps for detainees, including, to the extent practicable, an assessment of— (A) methods of abuse; (B) efforts to force individuals to renounce their faith; (C) efforts to facilitate the forced adoption of Ukrainian children in violation of Ukrainian law; and (D) other serious human rights abuses; (4) to the extent practicable, an assessment of staffing levels at such camps, including such camps at which military, governmental, or other units are in charge; (5) a description, as appropriate, of United States diplomatic efforts with allies and other countries and relevant international organizations— (A) to address the gross violations of human rights against Ukrainians; (B) to prosecute individuals responsible for committing human rights violations; and (C) to hold accountable through economic sanctions, including sanctions under the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. (6) the identification of the offices within the Department of State that are responsible for leading and coordinating the diplomatic efforts referred to in paragraph (5); (7) an assessment of the use by Russian forces and Russian Federation-affiliated non-state groups of rape as a weapon of war, including the specific human rights abuses inflicted on women and girls in Ukraine; and (8) efforts undertaken by the United States to monitor the scope and scale of the impact and targeting of women and girls in particular, especially with sexual violence, within the filtration camps and other detention facilities operated by the Russian Federation or its proxies. (c) Collection of information The Secretary shall collect the information required under subsection (a) in consultation with the heads of other relevant Federal departments and agencies and civil society organizations.

Ukraine Human Rights Policy Act of 2023

Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2023 This bill allows all Indian tribes and individual Indian owners of restricted land to lease their land for up to 99 years, subject to the approval of the Department of the Interior. The bill also provides tribes with the authority to approve certain types of rights-of-way without obtaining approval from Interior.

118 S1322 IS: Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments 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. 1322 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Schatz Ms. Murkowski Committee on Indian Affairs A BILL To amend the Act of August 9, 1955, to modify the authorized purposes and term period of tribal leases, and for other purposes. 1. Short title This Act may be cited as the Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2023 2. Modification of tribal leases and rights-of-way across Indian land (a) Extension of tribal lease period The first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415 Long-Term Leasing Act (1) by striking That (a) 1. Leases of Restricted Land (a) Authorized purposes; term; approval by Secretary (1) In general Any restricted Indian lands, regardless of whether that land is tribally or individually owned, may be leased by the Indian owner of the land, with the approval of the Secretary, for— (A) a public, religious, educational, recreational, residential, business, or grazing purposes; or (B) a farming purpose that requires the making of a substantial investment in the improvement of the land for the production of 1 or more specialized crops as determined by the Secretary. (2) Inclusions A lease under paragraph (1) may include the development or use of natural resources in connection with operations under that lease. (3) Term (A) In general Except as provided in subparagraph (B), a lease under paragraph (1) shall be for a term of not more than 99 years, including any renewals. (B) Exception for grazing purposes A lease under paragraph (1) for grazing purposes may be for a term of not more than 10 years, including any renewals. (4) Requirement Each lease and renewal under this subsection shall be made in accordance with such terms and regulations as may be prescribed by the Secretary. (5) Conditions for approval Before the approval of any lease or renewal of an existing lease pursuant to this subsection, the Secretary shall determine that adequate consideration has been given to— (A) relationship between the use of the leased lands and the use of neighboring land; (B) the height, quality, and safety of any structures or other facilities to be constructed on the leased land; (C) the availability of police and fire protection and other services on the leased land; (D) the availability of judicial forums for all criminal and civil causes of action arising on the leased land; and (E) the effects on the environment of the uses to which the leased lands will be subject. ; (2) in subsection (b)— (A) by striking (b) Any lease (b) Exception for Secretary approval Any lease ; (B) by striking of the Interior (C) by striking clause (3) paragraph (3) by redesignating subsections (a), (b), (c), and (d) as subsections (b), (c), (d), and (a), respectively, and moving the subsections so as to appear in alphabetical order; and (4) by striking subsection (a) subsection (b) (b) Technical correction Section 2 of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415a Long-Term Leasing Act of the Interior Secretary (c) Modification of rights-of-Way across Indian land The first section of the Act of February 5, 1948 (62 Stat. 17, chapter 45; 25 U.S.C. 323 (1) by striking That the Secretary of the Interior be, and he is empowered to 1. Rights-of-way for All Purposes Across Indian Land (a) Rights-of-Way Except as provided in subsection (b), the Secretary of the Interior may ; and (2) by adding at the end the following: (b) Exception A right-of-way granted by an Indian tribe for the purposes authorized under this section shall not require the approval of the Secretary of the Interior, subject to the condition that— (1) the right-of-way approval process by the Indian tribe substantially complies with subsection (h) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(h) (2) the Indian tribe has tribal regulations approved by the Secretary of the Interior under that subsection. .

Unlocking Native Lands and Opportunities for Commerce and Key Economic Developments Act of 2023

Western Hemisphere Partnership Act of 2023 This bill states that the Department of State should collaborate with democratic partners to promote certain objectives in the Western Hemisphere: (1) improvement of security conditions and the rule of law; (2) digitalization and cybersecurity; (3) improvement of economic conditions; and (4) transparent, accountable, and democratic governance. The first three of these objectives do not apply to Cuba, Nicaragua, or Venezuela.

118 S1325 IS: Western Hemisphere Partnership 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. 1325 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Risch Mr. Menendez Committee on Foreign Relations A BILL To establish a partnership with nations in the Western Hemisphere to promote economic competitiveness, democratic governance, and security, and for other purposes. 1. Short title This Act may be cited as the Western Hemisphere Partnership Act of 2023 2. United States policy in the Western Hemisphere It is the policy of the United States to promote economic competitiveness, democratic governance, and security in the Western Hemisphere by— (1) encouraging stronger economic relations, respect for property rights, the rule of law, and enforceable investment rules and labor and environmental standards; (2) advancing the principles and practices expressed in the Charter of the Organization of American States, the American Declaration on the Rights and Duties of Man, and the Inter-American Democratic Charter; and (3) enhancing the capacity and technical capabilities of democratic partner nation government institutions, including civilian law enforcement, the judiciary, attorneys general, and security forces. 3. Promoting security and the rule of law in the Western Hemisphere (a) Sense of Congress It is the sense of Congress that the United States should strengthen security cooperation with democratic partner nations in the Western Hemisphere to promote a secure hemisphere and to address the negative impacts of transnational criminal organizations and malign external state actors. (b) Collaborative efforts The Secretary of State, in coordination with the heads of other relevant Federal agencies, should support the improvement of security conditions and the rule of law in the Western Hemisphere through collaborative efforts with democratic partners that— (1) enhance the institutional capacity and technical capabilities of defense and security institutions in democratic partner nations to conduct national or regional security missions, including through regular bilateral and multilateral engagements, foreign military sales and financing, international military education, and training programs, and other means; (2) provide technical assistance and material support (including, as appropriate, radars, vessels, and communications equipment) to relevant security forces to disrupt, degrade, and dismantle organizations involved in illicit narcotics trafficking, transnational criminal activities, illicit mining, and illegal, unreported, and unregulated fishing, and other illicit activities; (3) enhance the institutional capacity and technical capabilities of relevant civilian law enforcement, attorneys general, and judicial institutions to— (A) strengthen the rule of law and transparent governance; and (B) improve regional cooperation to disrupt, degrade, and dismantle transnational organized criminal networks and terrorist organizations, including through training, anticorruption initiatives, anti-money laundering programs, and strengthening cyber capabilities and resources; (4) enhance port management and maritime security partnerships and airport management and aviation security partnerships to disrupt, degrade, and dismantle transnational criminal networks and facilitate the legitimate flow of people, goods, and services; (5) strengthen cooperation to improve border security across the Western Hemisphere, dismantle human smuggling and trafficking networks, and increase cooperation to demonstrably strengthen migration management systems; (6) counter the malign influence of state and non-state actors and misinformation and disinformation campaigns; (7) disrupt illicit domestic and transnational financial networks; (8) foster mechanisms for cooperation on emergency preparedness and rapid recovery from natural disasters, including by— (A) supporting regional preparedness, recovery, and emergency management centers to facilitate rapid response to survey and help maintain planning on regional disaster anticipated needs and possible resources; and (B) training disaster recovery officials on latest techniques and lessons learned from United States experiences; and (9) foster regional mechanisms for early warning and response to pandemics in the Western Hemisphere, including through— (A) improved cooperation with and research by the United States Centers for Disease Control and Prevention through regional pandemic response centers; (B) personnel exchanges for technology transfer and skills development; and (C) surveying and mapping of health networks to build local health capacity. (c) Limitations on use of technologies Operational technologies transferred pursuant to subsection (b) to partner governments for intelligence, defense, or law enforcement purposes shall be used solely for the purposes for which the technology was intended. The United States shall take all necessary steps to ensure that the use of such operational technologies is consistent with United States law, including protections of freedom of expression, freedom of movement, and freedom of association. 4. Promoting digitalization and cybersecurity in the Western Hemisphere (a) Sense of Congress It is the sense of Congress that the United States should support digitalization and expand cybersecurity cooperation in the Western Hemisphere to promote regional economic prosperity and security. (b) Promotion of digitalization and cybersecurity The Secretary of State, in coordination with the heads of other relevant Federal agencies, should promote digitalization and cybersecurity in the Western Hemisphere through collaborative efforts with democratic partners that— (1) promote digital connectivity and facilitate e-commerce by expanding access to information and communications technology (ICT) supply chains that adhere to high-quality security and reliability standards, including— (A) to open market access on a national treatment, nondiscriminatory basis; and (B) to strengthen the cybersecurity and cyber resilience of partner countries; (2) advance the provision of digital government services (e-government) that, to the greatest extent possible, promote transparency, lower business costs, and expand citizens’ access to public services and public information; and (3) develop robust cybersecurity partnerships to— (A) promote the inclusion of components and architectures in information and communications technology (ICT) supply chains from participants in initiatives that adhere to high-quality security and reliability standards; (B) share best practices to mitigate cyber threats to critical infrastructure from ICT architectures by technology providers with close ties to, or that are susceptible to pressure from, governments or security services without reliable legal checks on governmental powers; (C) effectively respond to cybersecurity threats, including state-sponsored threats; and (D) to strengthen resilience against cyberattacks and cybercrime. 5. Promoting economic and commercial partnerships in the Western Hemisphere (a) Sense of Congress It is the sense of Congress that the United States should enhance economic and commercial ties with democratic partners to promote prosperity in the Western Hemisphere by modernizing and strengthening trade capacity-building and trade facilitation initiatives, encouraging market-based economic reforms, strengthening labor and environmental standards, and encouraging transparency and adherence to the rule of law in investment dealings. (b) In general The Secretary of State, in coordination with the United States Trade Representative, the Chief Executive Officer of the Development Finance Corporation, and the heads of other relevant Federal agencies, should support the improvement of economic conditions in the Western Hemisphere through collaborative efforts with democratic partners that— (1) facilitate a more open, transparent, and competitive environment for United States businesses and promote robust and comprehensive trade capacity-building and trade facilitation by— (A) reducing trade and nontariff barriers between the countries in the region, establishing a mechanism for pursuing Mutual Recognition Agreements and Formalized Regulatory Cooperation Agreements in priority sectors of the economy; (B) establishing a forum for discussing and evaluating technical and other assistance needs to help establish streamlined single window (C) building relationships and exchanges between relevant regulatory bodies in the United States and democratic partners in the Western Hemisphere to promote best practices and transparency in rulemaking, implementation, and enforcement, and provide training and assistance to help improve supply chain management in the Western Hemisphere; (D) establishing regional fora for identifying, raising, and addressing supply chain management issues, including infrastructure needs and strengthening of investment rules and regulatory frameworks; (E) establishing a dedicated program of trade missions and reverse trade missions to increase commercial contacts and ties between the United States and Western Hemisphere partner countries; and (F) strengthening labor and environmental standards in the region; (2) establish frameworks or mechanisms to review and address the long-term financial sustainability and national security implications of foreign investments in strategic sectors or services; (3) establish competitive and transparent infrastructure project selection and procurement processes that promote transparency, open competition, financial sustainability, and robust adherence to global standards and norms; and (4) advance robust and comprehensive energy production and integration, including through a more open, transparent, and competitive environment for United States companies competing in the Western Hemisphere, including by— (A) facilitating further development of integrated regional energy markets; (B) improving management of grids, including technical capability to ensure the functionality, safe and responsible management, and quality of service of electricity providers, carriers, and management and distribution systems; (C) facilitating private sector-led development of reliable and affordable power generation capacity; (D) establishing a process for surveying grid capacity and management focused on identifying electricity service efficiencies and establishing cooperative mechanisms for providing technical assistance for— (i) grid management, power pricing, and tariff issues; (ii) establishing and maintaining appropriate regulatory best practices; and (iii) proposals to establish regional power grids for the purpose of promoting the sale of excess supply to consumers across borders; (E) assessing the viability and effectiveness of decentralizing power production and transmission and building micro-grid power networks to improve, when feasible, access to electricity, particularly in rural and underserved communities where centralized power grid connections may not be feasible in the short to medium term; and (F) exploring opportunities to partner with the private sector and multilateral institutions, such as the World Bank and the Inter-American Development Bank, to promote universal access to reliable and affordable electricity in the Western Hemisphere. 6. Promoting transparency and democratic governance in the Western Hemisphere (a) Sense of Congress It is the sense of Congress that the United States should support efforts to strengthen the capacity of democratic institutions and processes in the Western Hemisphere to promote a more transparent, democratic, and prosperous region. (b) In general The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and heads of other relevant Federal agencies, should support transparent, accountable, and democratic governance in the Western Hemisphere through collaborative efforts with democratic partners that— (1) strengthen the capacity of national electoral institutions to ensure free, fair, and transparent electoral processes, including through pre-election assessment missions, technical assistance, and independent local and international election monitoring and observation missions; (2) enhance the capabilities of democratically elected national legislatures, parliamentary bodies, and autonomous regulatory institutions to conduct oversight; (3) strengthen the capacity of subnational government institutions to govern in a transparent, accountable, and democratic manner, including through training and technical assistance; (4) combat corruption at local and national levels, including through trainings, cooperation agreements, and bilateral or multilateral anticorruption mechanisms that strengthen attorneys general and prosecutors' offices; and (5) strengthen the capacity of civil society to conduct oversight of government institutions, build the capacity of independent professional journalism, facilitate substantive dialogue with government and the private sector to generate issue-based policies, and mobilize local resources to carry out such activities. 7. Western Hemisphere defined In this Act, the term Western Hemisphere

Western Hemisphere Partnership Act of 2023

Consumer Credit Control Act of 2023 This bill requires a consumer's affirmative informed consent before a consumer reporting agency may share that consumer's report with third parties for specified purposes. A consumer reporting agency must verify a consumer's identity when obtaining this consent. (Currently, this sharing is generally allowed unless a consumer opts out.) If the consumer provides consent, a consumer reporting agency may share information with a third party for an extension of credit or the underwriting of insurance. Additionally, in connection with transactions not initiated by the consumer, a consumer reporting agency may provide a consumer report with the consumer's consent only if the transaction consists of a firm offer of credit or insurance. Furthermore, consumer reporting agencies may not charge consumers fees in connection with furnishing consumer reports. The bill also requires consumer reporting agencies to use reasonable efforts to prevent data breaches of consumer reports. The Government Accountability Office must report on how best to protect information collected in consumer files.

118 S1327 IS: Consumer Credit Control 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. 1327 IN THE SENATE OF THE UNITED STATES April 26, 2023 Mr. Reed Mr. Van Hollen Committee on Banking, Housing, and Urban Affairs A BILL To amend the Fair Credit Reporting Act to require that a consumer authorize the release of certain information. 1. Short title This Act may be cited as the Consumer Credit Control Act of 2023 2. Permissible purposes of reports (a) In general The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. (1) in section 604 ( 15 U.S.C. 1681b (A) by striking subsections (c) through (e) and inserting the following: (c) Conditions for furnishing certain consumer reports (1) In general A consumer reporting agency may furnish a consumer report for the following purposes only if the consumer reporting agency obtains affirmative informed consent of the consumer to furnish the consumer report and the consumer reporting agency verifies the identity of the consumer by reviewing the proper identification required under section 610: (A) An extension of credit pursuant to subsection (a)(3)(A). (B) The underwriting of insurance pursuant to subsection (a)(3)(C). (2) Additional reports; election After the consumer reporting agency obtains affirmative informed consent of the consumer and verifies the identity of the consumer under paragraph (1), the consumer reporting agency may continue to furnish consumer reports solely for the purposes of reviewing or collecting on an account described in subparagraphs (A) and (C) of subsection (a)(3). (3) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer (A) In general A consumer reporting agency may furnish a consumer report to a person in connection with any credit or insurance transaction under subparagraph (A) or (C) of subsection (a)(3) that is not initiated by the consumer only if— (i) the consumer reporting agency obtains affirmative informed consent of the consumer to furnish the consumer report and the consumer reporting agency verifies the identity of the consumer by reviewing the proper identification required under section 610; and (ii) the transaction consists of a firm offer of credit or insurance. (B) Election The consumer may elect to— (i) have the consumer’s name and addresses included in lists of names and addresses provided by the consumer reporting agency pursuant to subparagraphs (A) and (C) of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if— (I) the consumer reporting agency obtains affirmative informed consent of the consumer to furnish the consumer report and the consumer reporting agency verifies the identity of the consumer by reviewing the proper identification required under section 610; and (II) the transaction consists of a firm offer of credit or insurance; and (ii) revoke at any time the election pursuant to clause (i) to have the consumer's name and address included in lists provided by a consumer reporting agency. (C) Information regarding inquiries Except as provided in section 609(a)(5), a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer. (4) Disclosures (A) In general A person may not procure a consumer report for any purpose pursuant to subparagraphs (D), (F), and (G) of subsection (a)(3) unless— (i) a simple and easy to understand, as defined in section 1022.54(b) of title 12, Code of Federal Regulations, as in effect on the date of enactment of the Consumer Credit Control Act of 2023 (ii) the person has obtained affirmative informed consent of the consumer for the procurement of the consumer report by that person. (B) Authorizations The consent described in subparagraph (A)(ii) shall be provided on the disclosure described under subparagraph (A)(i). (5) Rulemaking Not later than 270 days after the date of enactment of the Consumer Credit Control Act of 2023 (A) implement this subsection; (B) establish a model form for the disclosure document pursuant to paragraph (4); (C) permit consumers to provide affirmative informed consent required by paragraph (1) for a specific time period for multiple users for the specified purpose during that time period; (D) require a consumer reporting agency— (i) to provide to each consumer a secure, convenient, accessible, and cost-free method, including by toll-free telephone or secure electronic means, by which a consumer may— (I) provide or revoke any affirmative informed consent pursuant to this subsection; and (II) make or revoke any election pursuant to paragraph (3)(B); (ii) to implement any provision or revocation of affirmative informed consent pursuant to this subsection not later than 1 business day after the date on which a consumer provides or revokes affirmative informed consent; and (iii) to implement any election or revocation of any election pursuant to paragraph (3)(B) not later than 1 business day after the date on which a consumer makes or revokes an election; and (E) define what constitutes affirmed informative consent in the manner that provides the greatest protection to consumers. (6) Prohibitions (A) In general The method described in paragraph (5)(D) shall not be used to— (i) collect any information on a consumer that is not necessary for the purpose of the consumer to allow or disallow the furnishing of consumer reports; or (ii) advertise any product or service. (B) No waiver In the offering of a method described in paragraph (5)(D), a consumer reporting agency shall not require a consumer to waive any rights nor indemnify the consumer reporting agency from any liabilities arising from the offering of such method. (7) Reports (A) CFPB (i) Recommendation Not later than 270 days after the date of enactment of the Consumer Credit Control Act of 2023 (ii) Report The Director of the Bureau shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report that includes— (I) recommendations on how this subsection may be improved; (II) a description of efforts to educate consumers of their rights under this subsection; (III) a description of enforcement actions taken to demonstrate compliance with this subsection; (IV) recommendations on how to improve oversight of consumer reporting agencies and users of consumer reports; and (V) any other recommendations concerning how consumers may be provided greater transparency and control over their personal information. (B) GAO (i) Study The Comptroller General of the United States shall conduct a study on what additional protections or restrictions may be needed to ensure that the information collected in consumer files is secure and does not adversely impact consumers. (ii) Report Not later than 1 year after the date of enactment of the Consumer Credit Control Act of 2023 (I) to the greatest extent possible, the presentation of unambiguous conclusions and specific recommendations for further legislative changes needed to ensure that the information collected in consumer files is secure and does not adversely impact consumers; and (II) if no recommendations for further legislative changes are presented, a detailed explanation of why no such changes are recommended. ; (B) by redesignating subsections (f) and (g) as subsections (d) and (e), respectively; and (C) by adding at the end the following: (f) No fees No consumer reporting agency may charge a consumer any fee for any activity pursuant to or as a result of this section. ; (2) in section 607(a) ( 15 U.S.C. 1681e(a) (A) in the third sentence, by striking make a reasonable effort use commercially reasonable efforts (B) by inserting Every consumer reporting agency shall use commercially reasonable efforts to avoid unauthorized access to consumer reports and information in the file of a consumer maintained by the consumer reporting agency, including complying with any appropriate standards established under section 501(b) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801(b) (3) in section 609 ( 15 U.S.C. 1681g (b) Scope of disclosure The Director of the Bureau shall promulgate regulations to clarify that any disclosure required by subsection (a) shall be made to the consumer when a consumer makes a request, irrespective of whether the information required to be disclosed is held by the parent, subsidiary, or affiliate of a consumer reporting agency. ; and (4) in section 610(a)(1) ( 15 U.S.C. 1681h(a)(1) (A) by inserting , implementing the provision or revocation of any affirmative informed consent, or implementing any election or revocation of any election disclosures (B) by striking section 609 sections 604 and 609 (b) Technical and conforming amendments The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. (1) in section 603(d)(3) ( 15 U.S.C. 1681a(d)(3) 604(g)(3) 604(e)(3) (2) in section 605A ( 15 U.S.C. 1681c–1 (A) by striking subsections (i) and (j); and (B) by redesignating subsection (k) as subsection (i); (3) in section 615(d) ( 15 U.S.C. 1681m(d) (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking 604(c)(1)(B) 604(c)(3)(A)(ii) (ii) in subparagraph (E), by striking 604(e) 604(c)(5)(D) (B) in paragraph (2)(A), by striking 604(e) 604(c)(5)(D) (4) in section 625(b)(1) ( 15 U.S.C. 1681t(b)(1) (A) in subparagraph (A), by striking subsection (c) or (e) of section 604 604(c)(3) (B) in subparagraph (I), by adding or (C) by striking subparagraph (J); and (D) by redesignating subparagraph (K) as subparagraph (J). (c) Applicability The amendments made by subsections (a) and (b) shall apply to a consumer report, as defined in section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a (1) the date on which the regulations promulgated by the Director of the Bureau of Consumer Financial Protection under subsection (c)(5) of section 604 of the Fair Credit Reporting Act ( 15 U.S.C. 1681b (2) the date that is 18 months after the date of enactment of this Act.

Consumer Credit Control Act of 2023

Tribal Labor Sovereignty Act of 2023 This bill excludes Indian tribes and tribal enterprises and institutions on tribal land from requirements for employers under the National Labor Relations Act (NLRA). (Currently under the NLRA, employers may not engage in unfair labor practices and must allow employees to form unions, engage in collective bargaining, and take collective action.)

118 S1328 IS: Tribal Labor Sovereignty Act of 2023 U.S. Senate 2023-04-27 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. 1328 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Moran Mr. Daines Mr. Risch Mr. Cramer Mr. Hoeven Mr. Rounds Mr. Crapo Mr. Thune Mr. Mullin Mr. Lankford Committee on Indian Affairs A BILL To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act. 1. Short title This Act may be cited as the Tribal Labor Sovereignty Act of 2023 2. Definition of employer Section 2 of the National Labor Relations Act ( 29 U.S.C. 152 (1) in paragraph (2), by inserting or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands, subdivision thereof, (2) by adding at the end the following: (15) The term Indian Tribe (16) The term Indian (17) The term Indian lands (A) all lands within the limits of any Indian reservation; (B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and (C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe. .

Tribal Labor Sovereignty Act of 2023

Armenian Genocide Education Act This bill requires the Library of Congress to maintain a public website and otherwise support educational initiatives to promote understanding about the Armenian Genocide (the killing of Armenians by the Ottoman Empire from 1915 to 1923).

118 S1329 IS: Armenian Genocide Education Act U.S. Senate 2023-04-27 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. 1329 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Menendez Mrs. Blackburn Committee on Rules and Administration A BILL To direct the Librarian of Congress to carry out activities to support Armenian Genocide education programs, and for other purposes. 1. Short title This Act may be cited as the Armenian Genocide Education Act 2. Findings Congress finds the following: (1) The United States has demonstrated a commitment to remembrance and education about the Armenian Genocide of 1915–1923 through the United States Government’s May 28, 1951, written statement to the International Court of Justice regarding the Convention on the Prevention and Punishment of the Crime of Genocide; through President Ronald Reagan’s Proclamation No. 4838 on April 22, 1981; by H.J. Res 148, adopted on April 8, 1975; H.J. Res 247, adopted on September 10, 1984; H. Res. 296, adopted on October 29, 2019; S. Res. 150, adopted on December 12, 2019; and President Joe Biden’s April 24, 2021, statement recognizing the Armenian Genocide. (2) H. Res. 296 and S. Res. 150 cite the Ottoman Empire’s campaign of genocide against Armenian, Greek, Assyrian, Chaldean, Syriac, Aramean, Maronite and other Christians (A) reject efforts to enlist, engage, or otherwise associate the United States Government with denial of the Armenian Genocide or any other genocide (B) encourage education and public understanding of the facts of the Armenian Genocide, including the United States role in the humanitarian relief effort, and the relevance of the Armenian Genocide to modern-day crimes against humanity (3) Today, those who deny that the Ottoman Empire systematically planned, organized, and implemented a campaign of genocide against Armenian, Greek, Assyrian, Chaldean, Syriac, Aramean, Maronite, and other Christians or who seek to distort the true nature of these crimes continue to find forums, especially online. This denial and distortion dishonors those who were persecuted, murdered, dispossessed, and exiled, making it even more of a national imperative to educate students in the United States so that they may explore the lessons that these crimes provide for all people, sensitize communities to the circumstances that gave rise to these crimes, and help youth be less susceptible to the falsehood of genocide denial and distortion and to the destructive messages of hate that arise from denial and distortion. 3. Definitions In this Act: (1) Armenian Genocide The term Armenian Genocide (2) Armenian Genocide education program The term Armenian Genocide education program (3) Denial The term denial (4) Distortion The term distortion (5) Local educational agency The term local educational agency 4. Program described (a) Establishment and operation of program The Librarian of Congress shall establish and carry out a program to support Armenian Genocide education programs by— (1) carrying out the activities described in subsection (b); (2) entering into agreements with program participants under section 5; and (3) providing online resources under section 6. (b) Activities The activities described in this subsection are as follows: (1) The development and national dissemination of accurate, relevant, and accessible resources to promote understanding about how and why the Armenian Genocide happened, which shall include digital resources and may include other types of resources, such as print resources and traveling exhibitions. (2) The development, national dissemination, and implementation of principles of sound pedagogy for teaching about the Armenian Genocide. (3) The provision of professional development services for entities participating in the program under an agreement entered into under section 5, such as through— (A) local, regional, and national workshops and teacher trainings in conjunction with genocide education centers and other appropriate partners; (B) engagement with local educational agencies and high schools and schools that include one of the middle grades that are independent of any local educational agency; and (C) the operation and expansion of a teacher fellowship program to cultivate and support leaders in Armenian Genocide education. (4) Engagement with State and local education leaders to encourage the adoption of the resources developed and supported under the program established by this Act into curricula across diverse disciplines. (5) Evaluation and research to assess the effectiveness and impact of the Armenian Genocide education programs and the other activities carried out under the program established by this Act, which may include the preparation and use of material for the annual report required under section 8. 5. Engagement of eligible program participants (a) Agreements with program participants The Librarian of Congress may enter into agreements with eligible entities under which such entities may serve as program participants in the program established by this Act. (b) Contents of agreements An agreement entered into under this section between the Librarian and an eligible entity shall include the following elements: (1) A description of the services and assistance provided to the entity by the Librarian. (2) A description of the activities to be carried out by the entity with such services and assistance. (3) The length of the period in which the agreement shall be in effect. (4) Such other elements as may be agreed to by the Librarian and the entity, consistent with the program established by this Act. (c) Eligibility An entity is eligible to serve as a program participant in the program established by this Act if— (1) the entity is a local educational agency, a school that is independent of any local educational agency, or an entity that works with or for a local educational agency or a school that is independent of any local educational agency; and (2) the entity submits to the Librarian, at such time and in such form as the Librarian may require, an application containing such information and assurances as the Librarian may require. (d) Priority In selecting among eligible entities for participating in the program established under this Act, the Librarian shall give priority to applications from entities who are local educational agencies, schools that are independent of any local educational agency, or entities that work with or for a local educational agency or a school that is independent of any local educational agency, that do not, at the time application is made, offer any Armenian Genocide education program. 6. Online education resources (a) Website The Librarian of Congress shall maintain on the website of the Library of Congress a publicly available special section designated for Armenian Genocide education resources to improve awareness and understanding of this Genocide and educate individuals on the lessons of the Armenian Genocide as a means to raise awareness about the importance of preventing genocide, hate, and bigotry against any group of people. (b) Information distribution The Librarian shall distribute information about the activities funded under this Act through the website of the Library of Congress, and shall respond to inquiries for supplementary information concerning such activities. (c) Best practices The information distributed by the Librarian under this section shall include best practices for educators on how to teach about the Armenian Genocide. 7. Private support (a) Acceptance of donations The Librarian of Congress may solicit, accept, hold, administer, invest, and use donated funds and gifts, bequests, and devises of property, both real and personal, to support the activities carried out under this Act, subject to subsection (c). (b) Establishment of separate gift account There is established in the Treasury (among the accounts of the Library of Congress) a gift account for the activities carried out under this Act. (c) Dedication of funds Notwithstanding any other provision of law— (1) any funds donated to the Librarian to carry out activities under this Act shall be deposited entirely into the gift account established under subsection (b); (2) the funds contained in such account shall be used solely to carry out activities under this Act; and (3) the Librarian may not deposit into such account any funds donated to the Librarian which are not donated for the exclusive purpose of carrying out activities under this Act. 8. Annual report Not later than February 1 of each year (beginning with 2024), the Librarian of Congress shall submit to Congress a report describing the activities carried out under this Act. 9. Authorization of appropriations There is authorized to be appropriated to carry out this Act $2,000,000 for fiscal year 2024 and each of the 4 succeeding fiscal years.

Armenian Genocide Education Act

Autism Family Caregivers Act of 2023 This bill establishes a pilot program to provide training for caregivers on improving the well-being of children with autism spectrum disorder and other developmental disabilities or delays. To carry out the program, the Health Resources and Services Administration (HRSA) must award grants to, among other eligible entities, health systems and nonprofits to provide the training. HRSA must also establish a national center to provide technical assistance to grant recipients and to evaluate the program.

118 S1333 IS: Autism Family Caregivers Act of 2023 U.S. Senate 2023-04-27 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. 1333 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Menendez Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for providing evidence-based caregiver skills training to family caregivers of children with autism spectrum disorder or other developmental disabilities or delays, and for other purposes. 1. Short title This Act may be cited as the Autism Family Caregivers Act of 2023 2. Caregiver Skills Training Pilot Program (a) Authorization The Secretary shall carry out a program, to be known as the Caregiver Skills Training Pilot Program, under which the Secretary shall award grants to eligible entities to provide evidence-based caregiver skills training to family caregivers of children (1) improving the well-being of children and their caregivers; and (2) teaching caregivers of such children evidenced-based intervention strategies to promote— (A) improvement in the well-being of such children and their caregivers; and (B) the greater inclusion of such children in family and community life. (b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall be— (1) a nonprofit or other community-based organization; (2) a Federally qualified health center; (3) an academic health center; (4) a health system; or (5) a collaboration or consortium of 2 or more entities listed in paragraphs (1) through (4). (c) Application To seek a grant under this section, an eligible entity shall submit to the Secretary an application that includes— (1) a description of— (A) the applicant’s experience delivering evidence-based caregiver skills training to family caregivers of children with autism spectrum disorder or other developmental disabilities or delays; (B) the activities that the applicant proposes to carry out through the grant; and (C) how such activities will achieve the purposes described in subsection (a); and (2) a plan for— (A) coordination with community-based organizations, State and local early intervention providers, State Medicaid systems, schools, and other providers of early intervening services; (B) collaboration with health care payors (including public and private insurance), State departments of insurance, health plans, and other relevant payors; (C) expanding the skills training program proposed to be carried out through the grant; (D) achieving sustainability of such program; and (E) establishing and maintaining a stakeholder implementation committee under subsection (f). (d) Selection of grantees (1) Selection criteria In awarding a grant to an eligible entity or a collaboration or consortium of 2 or more entities described in subsection (b), the Secretary shall require at least one of the recipients to— (A) have at least 3 years of demonstrated experience— (i) delivering culturally competent services for children with autism spectrum disorder or other developmental delays or disabilities, as well as collaborating directly with their families, including in medically underserved communities; (ii) providing services to children with autism spectrum disorder or other developmental delays or disabilities, as well as collaborating directly with their families; (iii) providing individual caregiver coaching to caregivers of children with autism spectrum disorder or other developmental delays or disabilities; and (iv) working with self-advocates or adults with autism spectrum disorder or other developmental delays or disabilities; and (B) demonstrate the ability to access resources from and collaborate with— (i) health care providers; (ii) allied health professionals; (iii) educators; (iv) social workers; and (v) nonprofessional family caregivers who assist with daily living and developmental activities, including for children with autism spectrum disorder or other developmental delays or disabilities. (2) Reducing disparities In awarding grants under this section, the Secretary may consider, as appropriate, the extent to which an eligible entity can deliver evidence-based, culturally competent caregiver skills training programs for children with autism spectrum disorder or other developmental delays or disabilities from diverse racial, ethnic, geographic, or linguistic backgrounds. (e) Use of funds The recipient of a grant under this section shall use the grant— (1) to provide, at no or minimal cost to participants— (A) evidence-based caregiver skills training to family caregivers of children with autism spectrum disorder or other developmental delays or disabilities; and (B) such training in areas related to children’s learning and development, including— (i) communication skills; (ii) social engagement; (iii) daily living skills; and (iv) caregiver response strategies to severe and challenging behaviors; and (2) to establish and maintain a stakeholder implementation committee under subsection (f). (f) Stakeholder implementation committee (1) In general As a condition on receipt of a grant under this section, an eligible entity shall agree to use the grant to establish and maintain a stakeholder implementation committee to advise on ensuring that the training provided pursuant to the grant is accessible and culturally relevant. (2) Composition The members of the stakeholder implementation committee shall all be from the local community served pursuant to the grant (or the relevant metropolitan statistical area) and shall include, at a minimum, the following: (A) Family caregivers of children with autism or other developmental disabilities, including autistic caregivers and other caregivers with disabilities. (B) Pediatric health care and early intervention providers with experience providing services to children with autism or other developmental delays or disabilities. (C) Educators with experience working with children with autism or other developmental delays or disabilities. (D) Representatives of local organizations familiar with the cultural values and priorities of individuals in the local community. (E) Local government officials. (g) Requirements (1) Number of recipients and States The Secretary shall award grants under subsection (a) to not fewer than 25 eligible entities in not fewer than 15 States. (2) Amount The total amount of each grant awarded under subsection (a) shall be not less than $500,000 over a 5-year period. (h) Supplement not supplant Amounts received through a grant under this section shall be used to supplement, not supplant, other amounts received to provide— (1) behavioral, medical, habilitative, and other services covered by the Medicaid program or private health insurance; (2) services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (3) adaptations of a training program using evidence-based approaches to serve children of different ages, communities, and underrepresented groups. (i) Activities of the Secretary The Secretary shall— (1) assist recipients of grants under subsection (a) in— (A) the implementation of caregiver skills training programs using lessons learned from other evidenced-based activities or caregiver programs conducted or supported by the Health Resources and Services Administration; (B) ensuring the programs of the recipients assist medically underserved communities, when possible; and (C) developing plans for achieving sustainability of the programs of the recipients; (2) conduct an annual evaluation of activities funded through grants under subsection (a), in consultation with the grant recipients, including evaluation of the effectiveness of such grants at improving health outcomes and quality of life for children with autism spectrum disorder or other developmental delays or disabilities and their family caregivers; and (3) convene at least one national or regional meeting of such grant recipients to discuss best practices. (j) Reports (1) Initial report Not later than 6 months after awarding the first grant under subsection (a), the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a report on the implementation of this section. Such report shall include— (A) how many grants have been awarded; (B) the name and location of the grant recipients; (C) the communities impacted by the grants; (D) a description of the kind of activities to be carried out with the grants; (E) an analysis, conducted by the Secretary, based on the evaluation under subsection (i)(2), of the effectiveness of such grants at improving health outcomes and quality of life for children with autism or other developmental delays or disabilities and their family caregivers; and (F) best practices to increase access to caregiver skills training programs described in subsection (a) in medically underserved communities. (2) Final report Not later than the end of fiscal year 2027, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and to other appropriate congressional committees, a final report on the implementation of this section, including— (A) the information, analysis, and best practices listed in subparagraphs (A) through (F) of paragraph (1); and (B) recommendations on how to expand and extend the program under this section. (k) Definitions In this section: (1) The term family caregiver (2) The term Federally qualified health center 42 U.S.C. 1395x(aa) (3) The term Secretary (l) Authorization of appropriations To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2028.

Autism Family Caregivers Act of 2023

Electronic Communication Uniformity Act This bill applies the mailbox rule to documents and payments electronically submitted to the Internal Revenue Service (IRS). Specifically, it provides that such documents and payments shall be deemed filed or made on the date on which they are sent electronically, regardless of the date on which the IRS actually receives or reviews them.

118 S1338 IS: Electronic Communication Uniformity Act U.S. Senate 2023-04-27 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. 1338 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mrs. Blackburn Ms. Cortez Masto Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to apply the mailbox rule to documents and payments electronically submitted to the Internal Revenue Service, and for other purposes. 1. Short title This Act may be cited as the Electronic Communication Uniformity Act 2. Application of mailbox rule to documents and payments electronically submitted to the Internal Revenue Service (a) In general Section 7502(c) (1) in the heading, by inserting and payment filing (2) in paragraph (2)— (A) in the heading, by striking ; electronic filing (B) by striking and electronic filing (3) by adding at the end the following: (3) Electronic filing and payment (A) In general If any return, claim, statement, or other document required to be filed, or any payment required to be made, within a prescribed period or on or before a prescribed date under authority of any provision of the internal revenue laws is sent electronically by any person to the agency, officer, or office with which such return, claim, statement, or other document is required to be filed, or to which such payment is required to be made, the date on which such return, claim, statement, or other document, or payment, is sent electronically by such person shall be deemed to be the date of delivery or the date of payment, as the case may be, regardless of the date on which the applicable agency, officer, or office receives or reviews such return, claim, statement, document, or payment. (B) Regulations Not later than December 31, 2024, the Secretary shall issue such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this paragraph. . (b) Effective date The amendments made by subsection (a) shall apply to any document or payment sent after December 31, 2024.

Electronic Communication Uniformity Act

Pharmacy Benefit Manager Reform Act This bill establishes various requirements for pharmacy benefit managers (PBMs) with respect to services provided to health insurance plans. First, PBMs must report annually to the plan sponsor certain information about the PBM's services, including the amount of prescription drug copayment assistance funded by drug manufacturers, a list of covered drugs billed under the plan during the reporting period, and the total net spending by the health plan on prescription drugs. PBMs also must provide plan sponsors with a supplementary report every six months with specified information about drugs that were dispensed under the plan by pharmacies that are wholly or partially owned by the PBM. Second, the bill prohibits spread pricing. Under the bill, spread pricing occurs when a PBM charges an insurance plan (or an insurance plan charges plan participants) a price for a prescription drug that exceeds the price paid to the pharmacy for the drug. Finally, PBMs must remit to the plan sponsor all rebates, fees, alternative discounts, and other remuneration received from a drug manufacturer. The bill establishes civil penalties for violations of these requirements and provides funding for the Centers for Medicare & Medicaid Services and the Department of Labor to implement the provisions of this bill.

118 S1339 IS: Pharmacy Benefit Manager Reform Act U.S. Senate 2023-04-27 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. 1339 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Sanders Mr. Cassidy Mrs. Murray Mr. Marshall Committee on Health, Education, Labor, and Pensions A BILL To provide for increased oversight of entities that provide pharmacy benefit management services on behalf of group health plans and health insurance coverage. 1. Short title This Act may be cited as the Pharmacy Benefit Manager Reform Act 2. Oversight of entities that provide pharmacy benefit management services (a) PHSA Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. (1) in part D ( 42 U.S.C. 300gg–111 et seq. 2799A–11. Oversight of entities that provide pharmacy benefit management services (a) In general For plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b). (b) Reports (1) In general For plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions (A) In general A health insurance issuer offering covered group health insurance coverage or an entity providing pharmacy benefit management services under a covered group health plan or covered group health insurance coverage shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity providing pharmacy benefit management services under such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, coverage, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the issuer or entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan or coverage, or participants and beneficiaries of the plan or coverage, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, including amounts charged to the plan or coverage and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan or coverage, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage. (B) Plans and coverage offered by small employers A health insurance issuer offering covered group health insurance coverage that is not covered group health insurance coverage or an entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan or under group health insurance coverage that is not covered group health insurance coverage that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements (A) Relationship to HIPAA regulations Nothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement A report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information (i) Reasonable restrictions Nothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations A health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors (A) Prohibition A plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure A plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations With respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act and section 264 of the Health Insurance Portability and Accountability Act of 1996, subparagraph (B) does not prohibit a covered entity (as defined for purposes of such regulations) from any use or disclosure of health information that is authorized for the covered entity under such regulations. The previous sentence does not affect the authority of such Secretary to modify such regulations. (D) Enforcement (i) In general The powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act to a person alleging a violation of title II of such Act shall be the powers, procedures, and remedies this subparagraph provides for any person alleging a violation of this paragraph. (ii) Prohibition against retaliation No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Additional reporting (A) Reporting with respect to group health plans offered by small employers For plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may determine. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (B) Opt-in for group health insurance coverage (i) In general A plan sponsor may, on an annual basis, beginning with plan years beginning on or after January 1, 2025, elect to require a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports (I) Covered group health insurance coverage In the case of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage In the case of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage, the information described in subparagraphs (A), (D), (E), (F), and (G) of paragraph (1). (iii) Application For purposes of reports submitted in accordance with this subparagraph, paragraph (1) shall be applied by substituting group health insurance coverage health insurance issuer group health plan group plan plan (iv) Required reporting for all group health insurance coverage Each health insurance issuer of health insurance coverage shall annually submit the information described in paragraph (1)(H), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (6) Submissions to GAO A health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act (7) Standard formats (A) In general Not later than June 1, 2024, the Secretary, the Secretary of Labor, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report The Secretary, the Secretary of Labor, and the Secretary of the Treasury shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior. (c) Limitations on spread pricing (1) In general For plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group or individual health insurance coverage shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan or coverage shall not charge the plan, issuer, or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction For purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services billed to the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-Through to plan (1) In general For plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such health plan or health insurance coverage, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services. (2) Form and manner of remittance Such rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan or group health insurance coverage in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such issuer or entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts A third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors The applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction Nothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans and health insurance issuers. (e) Enforcement (1) In general The Secretary, in consultation with the Secretary of Labor and the Secretary of the Treasury, shall enforce this section. (2) Failure to provide timely information A health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information A health insurance issuer, entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure The provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers The Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction Nothing in this section shall be construed to permit a health insurance issuer, group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Department of Health and Human Services to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such issuer, plan, or entity. (g) Definitions In this section— (1) the term applicable entity (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Labor, and the Secretary of the Treasury may specify through rulemaking; (2) the term covered group health insurance coverage (3) the term covered group health plan (4) the term gross spending (5) the term large employer (6) the term net spending (7) the term plan sponsor (8) the term remuneration (9) the term small employer (10) the term wholesale acquisition cost ; and (2) in section 2723 ( 42 U.S.C. 300gg–22 (A) in subsection (a)— (i) in paragraph (1), by inserting (other than section 2799A–11) part D (ii) in paragraph (2), by inserting (other than section 2799A–11) part D (B) in subsection (b)— (i) in paragraph (1), by inserting (other than section 2799A–11) part D (ii) in paragraph (2)(A), by inserting (other than section 2799A–11) part D (iii) in paragraph (2)(C)(ii), by inserting (other than section 2799A–11) part D (b) ERISA (1) In general Subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. (A) in subpart B of part 7 ( 29 U.S.C. 1185 et seq. 726. Oversight of entities that provide pharmacy benefit management services (a) In general For plan years beginning on or after January 1, 2025, a group health plan (or health insurance issuer offering group health insurance coverage in connection with such a plan) or an entity providing pharmacy benefit management services on behalf of such a plan or issuer shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan or issuer, or an entity providing pharmacy benefit management services on behalf of a plan or issuer, from making the reports described in subsection (b). (b) Reports (1) In general For plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such issuer or entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan or coverage, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or coverage or for which no claim is submitted to the plan or coverage; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA)) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions (A) In general A health insurance issuer offering covered group health insurance coverage or an entity providing pharmacy benefit management services under a covered group health plan or covered group health insurance coverage shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity providing pharmacy benefit management services under such plan or coverage, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan, coverage, or participants and beneficiaries in the plan or coverage, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the issuer or entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan or coverage, or participants and beneficiaries of the plan or coverage, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan or coverage, including amounts charged to the plan or coverage and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan or coverage, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the issuer or entity and that are included in the pharmacy network of that plan or coverage; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries, that is available from any pharmacy included in the network of the plan or coverage; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan or issuer and participants and beneficiaries among all pharmacies included in the network of the plan or coverage. (B) Plans and coverage offered by small employers A health insurance issuer offering covered group health insurance coverage that is not covered group health insurance coverage or an entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan or under group health insurance coverage that is not covered group health insurance coverage that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements (A) Relationship to HIPAA regulations Nothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement A report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information (i) Reasonable restrictions Nothing in this section prevents a health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations A health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors (A) Prohibition A plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure A plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations With respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. 42 U.S.C. 1320d–2 (D) Enforcement (i) In general The powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 (ii) Prohibition against retaliation No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Additional reporting (A) Reporting with respect to group health plans offered by small employers For plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format, and such other formats as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may determine. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (B) Opt-in for group health insurance coverage (i) In general A plan sponsor may, on an annual basis, beginning with plan years beginning on or after January 1, 2025, elect to require a health insurance issuer offering group health insurance coverage to submit to such plan sponsor a report in accordance with this subsection. (ii) Contents of reports (I) Covered group health insurance coverage In the case of an issuer that offers covered group health insurance coverage, a report provided pursuant to clause (i) shall include, with respect to the applicable covered group health insurance coverage, the information required under paragraph (1) for covered group health plans. (II) Other group health insurance coverage In the case of an issuer that offers group health insurance coverage that is not covered group health insurance, a report provided pursuant to clause (i) shall include, with respect to the applicable group health insurance coverage, the information described in subparagraphs (A), (D), (E), (F), and (G) of paragraph (1). (iii) Application For purposes of reports submitted in accordance with this subparagraph, paragraph (1) shall be applied by substituting group health insurance coverage health insurance issuer group health plan group plan plan (iv) Required reporting for all group health insurance coverage Each health insurance issuer of health insurance coverage shall annually submit the information described in paragraph (1)(H), regardless of whether the plan sponsor made the election described in clause (i) for the applicable year. (6) Submissions to GAO A health insurance issuer offering group health insurance coverage or an entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such coverage or plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act (7) Standard formats (A) In general Not later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report The Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior. (c) Limitations on spread pricing (1) In general For plan years beginning on or after January 1, 2025, a group health plan or health insurance issuer offering group health insurance coverage shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan or coverage shall not charge the plan, issuer, or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan, issuer, or entity. (2) Rule of construction For purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan, issuer, or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan, issuer, or entity. (C) A penalty paid if the pharmacist services billed to the plan, issuer, or entity were not rendered by the pharmacy. (d) Full rebate pass-Through to plan (1) In general For plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other applicable remuneration received from any applicable entity that are related to utilization of drugs under such health plan or health insurance coverage, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator, health insurance issuer, or entity providing pharmacy benefit management services. (2) Form and manner of remittance Such rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan or group health insurance coverage in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such issuer or entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts A third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services under such health plan or health insurance coverage shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors The applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction Nothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans and health insurance issuers. (e) Enforcement (1) In general The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury, shall enforce this section. (2) Failure to provide timely information A health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan, health insurance issuer, or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan, a health insurance issuer offering group health insurance coverage, or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information A health insurance issuer, entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure The provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers The Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction Nothing in this section shall be construed to permit a health insurance issuer, group health plan, or other entity to restrict disclosure to, or otherwise limit the access of, the Department of Labor to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such issuer, plan, or entity. (g) Definitions In this section— (1) the term applicable entity (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of the Treasury may specify through rulemaking; (2) the term covered group health insurance coverage (3) the term covered group health plan (4) the term gross spending (5) the term large employer (6) the term net spending (7) the term plan sponsor (8) the term remuneration (9) the term small employer (10) the term wholesale acquisition cost ; and (B) in section 502(b)(3) ( 29 U.S.C. 1132(b)(3) (other than section 726) part 7 (2) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. Sec. 726. Oversight of entities that provide pharmacy benefit management services. . (c) Internal Revenue Code (1) In general Subchapter B of chapter 100 9826. Oversight of entities that provide pharmacy benefit management services (a) In general For plan years beginning on or after January 1, 2025, a group health plan or an entity providing pharmacy benefit management services on behalf of such a plan shall not enter into a contract with an applicable entity that limits the disclosure of information to plan sponsors in such a manner that prevents the plan, or an entity providing pharmacy benefit management services on behalf of a plan, from making the reports described in subsection (b). (b) Reports (1) In general For plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a covered group health plan shall submit to the plan sponsor of such covered group health plan a report in accordance with this subsection and make such report available to the plan sponsor in a machine-readable format and, as the Secretary may determine, other formats. Each such report shall include, with respect to the covered group health plan— (A) as applicable, information collected from drug manufacturers by such entity on the total amount of copayment assistance dollars paid, or copayment cards applied, that were funded by the drug manufacturer with respect to the participants and beneficiaries in such plan; (B) a list of each drug covered by such plan or entity providing pharmacy benefit management services that was billed during the reporting period, including, with respect to each such drug during the reporting period— (i) the brand name, generic or nonproprietary name, and National Drug Code; (ii) the number of participants and beneficiaries for whom the drug was billed during the reporting period, the total number of prescription claims for the drug (including original prescriptions and refills), and the total number of dosage units of the drug dispensed across the reporting period; (iii) for each claim or dosage unit described in clause (ii), the type of dispensing channel used, such as retail, mail order, or specialty pharmacy; (iv) the wholesale acquisition cost, listed as cost per days supply, cost per dosage unit, and cost per typical course of treatment (as applicable); (v) the total out-of-pocket spending by participants and beneficiaries on such drug after application of any benefits under the plan, including participant and beneficiary spending through copayments, coinsurance, and deductibles, but not including any amounts spent by participants and beneficiaries on drugs not covered under the plan or for which no claim is submitted to the plan; and (vi) for any drug for which gross spending by the plan exceeded $10,000 and that is one of the 50 prescription drugs for which the group health plan spent the most on prescription drug benefits during the reporting period— (I) a list of all other drugs in the same therapeutic class, including brand name drugs and biological products and generic drugs or biosimilar biological products that are in the same therapeutic class as such drug; and (II) if applicable, the rationale for preferred formulary placement of such drug in that therapeutic class, selected from a list of standard rationales established by the Secretary; (C) a list of each therapeutic class of drugs that were dispensed under the health plan during the reporting period, and, with respect to each such therapeutic class of drugs, during the reporting period— (i) total gross spending by the plan, before rebates, fees, alternative discounts, or other remuneration; (ii) the number of participants and beneficiaries who filled a prescription for a drug in that class; (iii) if applicable to that class, a description of the formulary tiers and utilization management mechanisms (such as prior authorization or step therapy) employed for drugs in that class; (iv) the total out-of-pocket spending by participants and beneficiaries, including participant and beneficiary spending through copayments, coinsurance, and deductibles; and (v) for each therapeutic class under which 3 or more drugs are included on the formulary of such plan— (I) the amount received, or expected to be received, by such entity, from an applicable entity, in rebates, fees, alternative discounts, or other remuneration that— (aa) has been paid, or will be paid, by such an applicable entity for claims incurred during the reporting period; or (bb) is related to utilization of drugs or drug spending; (II) the total net spending by the health plan on that class of drugs; and (III) the net price per typical course of treatment or 30-day supply incurred by the health plan and its participants and beneficiaries, after rebates, fees, alternative discounts, or other remuneration provided by an applicable entity, for drugs dispensed within such therapeutic class during the reporting period; (D) total gross spending on prescription drugs by the plan during the reporting period, before rebates, fees, alternative discounts, or other remuneration provided by an applicable entity; (E) the total amount received, or expected to be received, by the health plan, from an applicable entity, in rebates, fees, alternative discounts, and other remuneration received from any such entities, related to utilization of drug or drug spending under that health plan during the reporting period; (F) the total net spending on prescription drugs by the health plan during the reporting period; (G) amounts paid directly or indirectly in rebates, fees, or any other type of compensation (as defined in section 408(b)(2)(B)(ii)(dd)(AA) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)(B)(ii)(dd)(A))) to brokers, consultants, advisors, or any other individual or firm who referred the group health plan's business to the pharmacy benefit manager; and (H) a summary document that includes such information described in subparagraphs (A) through (G) as the Secretary determines useful for plan sponsors for purposes of selecting pharmacy benefit management services, such as an estimated net price to plan sponsor and participant or beneficiary, a cost per claim, the fee structure or reimbursement model, and estimated cost per participant or beneficiary. (2) Supplementary reporting for intra-company prescription drug transactions (A) In general An entity providing pharmacy benefit management services under a covered group health plan shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes— (i) an explanation of any benefit design parameters that encourage or require participants and beneficiaries in the plan to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that entity providing pharmacy benefit management services under such plan, including mandatory mail and specialty home delivery programs, retail and mail auto-refill programs, and copayment incentives funded by an entity providing pharmacy benefit management services; (ii) the percentage of total prescriptions charged to the plan or participants and beneficiaries in the plan, that were dispensed by mail order, specialty, or retail pharmacies that are wholly or partially-owned by the entity providing pharmacy benefit management services; and (iii) a list of all drugs dispensed by such wholly or partially-owned pharmacy and charged to the plan, or participants and beneficiaries of the plan, during the applicable quarter, and, with respect to each drug— (I) the amounts charged, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, with respect to participants and beneficiaries in the plan, including amounts charged to the plan and amounts charged to the participants and beneficiaries; (II) the median amount charged to the plan, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the entity and that are included in the pharmacy network of that plan; (III) the interquartile range of the costs, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, including amounts paid by the participants and beneficiaries, when the same drug is dispensed by other pharmacies that are not wholly or partially-owned by the entity and that are included in the pharmacy network of that plan; (IV) the lowest cost, per dosage unit, per course of treatment, per 30-day supply, and per 90-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries, that is available from any pharmacy included in the network of the plan; (V) the net acquisition cost per dosage unit and for a 30 day-supply, and the acquisition cost per typical course of treatment, if the drug is subject to a maximum price discount; and (VI) other information with respect to the cost of the drug, as determined by the Secretary, such as average sales price, wholesale acquisition cost, and national average drug acquisition cost per dosage unit, per typical course of treatment, or per 30-day supply, for such drug, including amounts charged to the plan and participants and beneficiaries among all pharmacies included in the network of the plan. (B) Plans offered by small employers An entity providing pharmacy benefit management services under a group health plan that is not a covered group health plan that conducts transactions with a wholly or partially-owned pharmacy shall submit, together with the report under paragraph (1), a supplementary report every 6 months to the plan sponsor that includes the information described in clauses (i) and (ii) of subparagraph (A). (3) Privacy requirements (A) Relationship to HIPAA regulations Nothing in this section shall be construed to modify the requirements for the creation, receipt, maintenance, or transmission of protected health information under the privacy, security, breach notification, and enforcement regulations in parts 160 and 164 of title 45, Code of Federal Regulations (or successor regulations). (B) Requirement A report submitted under paragraph (1) or (2) shall contain only summary health information, as defined in section 164.504(a) of title 45, Code of Federal Regulations (or successor regulations). (C) Clarification regarding certain disclosures of information (i) Reasonable restrictions Nothing in this section prevents an entity providing pharmacy benefit management services on behalf of a group health plan from placing reasonable restrictions on the public disclosure of the information contained in a report under paragraph (1) or (2). (ii) Limitations An entity providing pharmacy benefit management services on behalf of a group health plan or group health insurance coverage may not restrict disclosure of such reports to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or any other Federal agency responsible for enforcement activities under this section for purposes of enforcement under this section or other applicable law, or to the Comptroller General of the United States in accordance with paragraph (6). (4) Use and disclosure by plan sponsors (A) Prohibition A plan sponsor may not— (i) fail or refuse to hire, or discharge, any employee, or otherwise discriminate against any employee with respect to the compensation, terms, conditions, or privileges of employment of the employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee; or (ii) limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any employee of employment opportunities or otherwise adversely affect the status of the employee as an employee, because of information submitted under paragraph (1) or (2) attributed to the employee or a dependent of the employee. (B) Disclosure and redisclosure A plan sponsor shall not disclose the information received under paragraph (1) or (2) except— (i) to an occupational or other health researcher if the research is conducted in compliance with the regulations and protections provided for under part 46 of title 45, Code of Federal Regulations (or successor regulations); (ii) in response to an order of a court, except that the plan sponsor may disclose only the information expressly authorized by such order; (iii) to the Department of Health and Human Services, the Department of Labor, the Department of the Treasury, or other Federal agency responsible for enforcement activities under this section; or (iv) to a contractor or agent for purposes of health plan administration, if such contractor or agent agrees, in writing, to abide by the same use and disclosure restrictions as the plan sponsor. (C) Relationship to HIPAA regulations With respect to the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. 42 U.S.C. 1320d–2 (D) Enforcement (i) In general The powers, procedures, and remedies provided in section 207 of the Genetic Information Nondiscrimination Act ( 42 U.S.C. 2000ff–6 (ii) Prohibition against retaliation No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this paragraph or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this paragraph. The remedies and procedures otherwise provided for under this subparagraph shall be available to aggrieved individuals with respect to violations of this clause. (5) Reporting with respect to group health plans offered by small employers For plan years beginning on or after January 1, 2025, not less frequently than annually, an entity providing pharmacy benefit management services on behalf of a group health plan that is not a covered group health plan shall submit to the plan sponsor of such group health plan a report in accordance with this paragraph, and make such report available to the plan sponsor in a machine-readable format. Each such report shall include, with respect to the applicable group health plan, the information described in subparagraphs (A), (D), (E), (F), (G), and (H) of paragraph (1). (6) Submissions to GAO An entity providing pharmacy benefit management services on behalf of a group health plan shall submit to the Comptroller General of the United States each of the first 2 reports submitted to a plan sponsor under paragraph (1) or (5) with respect to such plan, and other such reports as requested, in accordance with the privacy requirements under paragraph (3), and such other information that the Comptroller General determines necessary to carry out the study under section 2(f) of the Pharmacy Benefit Manager Reform Act (7) Standard formats (A) In general Not later than June 1, 2024, the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall specify, through rulemaking, standard formats for health insurance issuers and entities providing pharmacy benefit management services to submit reports required under this subsection. (B) Limited form of report The Secretary, the Secretary of Health and Human Services, and the Secretary of Labor shall define through rulemaking a limited form of the reports under paragraphs (1) and (2) required to be submitted to plan sponsors who also are drug manufacturers, drug wholesalers, entities providing pharmacy benefit management services, or other direct participants in the drug supply chain, in order to prevent anti-competitive behavior. (c) Limitations on spread pricing (1) In general A group health plan shall not charge participants and beneficiaries, and an entity providing pharmacy benefit management services under such a plan shall not charge the plan or participants and beneficiaries, a price for a prescription drug that exceeds the price paid to the pharmacy for such drug, excluding penalties paid by the pharmacy (as described in paragraph (2)) to such plan or entity. (2) Rule of construction For purposes of paragraph (1), penalties paid by pharmacies include only the following: (A) A penalty paid if an original claim for a prescription drug was submitted fraudulently by the pharmacy to the plan or entity. (B) A penalty paid if the original claim payment made by the plan, issuer, or entity to the pharmacy was inconsistent with the reimbursement terms in any contract between the pharmacy and the plan or entity. (C) A penalty paid if the pharmacist services billed to the plan or entity were not rendered by the pharmacy. (d) Full rebate pass-Through to plan (1) In general For plan years beginning on or after January 1, 2025, a third-party administrator of a group health plan or an entity providing pharmacy benefit management services under such health plan shall— (A) remit 100 percent of rebates, fees, alternative discounts, and other remuneration received from any applicable entity that are related to utilization of drugs under such health plan, to the group health plan; and (B) ensure that any contract entered into by such third-party administrator or entity providing pharmacy benefit management services with an applicable entity remit 100 percent of rebates, fees, alternative discounts, and other remuneration received to the third-party administrator or entity providing pharmacy benefit management services. (2) Form and manner of remittance Such rebates, fees, alternative discounts, and other remuneration shall be— (A) remitted to the group health plan in a timely fashion after the period for which such rebates, fees, alternative discounts, or other remuneration is calculated, and in no case later than 90 days after the end of such period; (B) fully disclosed and enumerated to the group health plan sponsor, as described in paragraphs (1) and (4) of subsection (b); (C) available for audit by the plan sponsor, or a third-party designated by a plan sponsor not less than once per plan year; and (D) returned to the issuer or entity providing pharmaceutical benefit management services by the group health plan if audits by such entity indicate that the amounts received are incorrect after such amounts have been paid to the group health plan. (3) Audit of rebate contracts A third-party administrator of a group health plan or an entity providing pharmacy benefit management services under such health plan shall make rebate contracts with rebate aggregators or drug manufacturers available for audit by such plan sponsor or designated third-party, subject to confidentiality agreements to prevent re-disclosure of such contracts. (4) Auditors The applicable plan sponsor may select an auditor for purposes of carrying out audits under paragraphs (2)(C) and (3). (5) Rule of construction Nothing in this subsection shall be construed to prohibit payments to entities offering pharmacy benefit management services for bona fide services using a fee structure not contemplated by this subsection, provided that such fees are transparent to group health plans. (e) Enforcement (1) In general The Secretary, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall enforce this section. (2) Failure to provide timely information A health insurance issuer or an entity providing pharmacy benefit management services that violates subsection (a) or fails to provide information required under subsection (b); a group health plan or entity providing pharmacy benefit management services that violates subsection (c); or a third-party administrator of a group health plan or an entity providing pharmacy benefit management services that violates subsection (d) shall be subject to a civil monetary penalty in the amount of $10,000 for each day during which such violation continues or such information is not disclosed or reported. (3) False information An entity providing pharmacy benefit management services, or drug manufacturer that knowingly provides false information under this section shall be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. Such civil money penalty shall be in addition to other penalties as may be prescribed by law. (4) Procedure The provisions of section 1128A of the Social Security Act, other than subsections (a) and (b) and the first sentence of subsection (c)(1) of such section shall apply to civil monetary penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (5) Waivers The Secretary may waive penalties under paragraph (2), or extend the period of time for compliance with a requirement of this section, for an entity in violation of this section that has made a good-faith effort to comply with this section. (f) Rule of construction Nothing in this section shall be construed to permit a group health plan or other entity to restrict disclosure to, or otherwise limit the access of, the Department of the Treasury to a report described in subsection (b)(1) or information related to compliance with subsection (a) by such plan or entity. (g) Definitions In this section— (1) the term applicable entity (A) a drug manufacturer, distributor, wholesaler, rebate aggregator (or other purchasing entity designed to aggregate rebates), group purchasing organization, or associated third party; (B) any subsidiary, parent, affiliate, or subcontractor of a group health plan, health insurance issuer, entity that provides pharmacy benefit management services on behalf of such a plan or issuer, or any entity described in subparagraph (A); or (C) such other entity as the Secretary, the Secretary of Health and Human Services, and the Secretary of Labor may specify through rulemaking; (2) the term covered group health insurance coverage (3) the term covered group health plan (4) the term gross spending (5) the term large employer (6) the term net spending (7) the term plan sponsor 29 U.S.C. 1002(16)(B) (8) the term remuneration (9) the term small employer (10) the term wholesale acquisition cost . (2) Clerical amendment The table of sections for subchapter B of chapter 100 Sec. 9826. Oversight of entities that provide pharmacy benefit management services. . (d) Funding (1) For purposes of carrying out the amendments made by subsection (a), there are appropriated to the Centers for Medicare & Medicaid Services, out of amounts in the Treasury not otherwise appropriated, $80,000,000 for fiscal year 2024. (2) For purposes of carrying out the amendments made by subsection (b), there are appropriated to the Department of Labor, out of amounts in the Treasury not otherwise appropriated, $43,750,000 for fiscal year 2024. (e) ASPE Study The Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services shall conduct or commission a study on how the United States health care market would be impacted by potential regulatory changes disallowing manufacturer rebates in the manner and to the extent allowed on the date of enactment of this Act, with a focus on the impact to stakeholders in the commercial insurance market, and, not later than 1 year after the date of enactment of this Act, submit a report to Congress on the results of such study. Such study and report shall consider the following: (1) The impact on the impact of making no such regulatory changes, as well as potential behavioral changes by plan sponsors, members, and pharmaceutical manufacturers, such as tighter formularies, changes to price concessions, changes in utilization, if such regulatory changes are made. (2) The mechanics needed in the pharmaceutical supply chain (whether existing or not) to move a manufacturer rebate to the point of sale. (3) The feasibility of a partial point-of-sale manufacturer rebate versus a full point-of-sale manufacturer rebate. (4) The impact on patient out-of-pocket costs, premiums, and other cost-sharing. (5) Possible behavioral changes by other third parties in the pharmaceutical supply chain including drug manufacturer, distributor, wholesaler, rebate aggregators, pharmacy services administrative organizations, or group purchasing organizations. (6) Behavioral changes between entities that contract with pharmaceutical manufacturers and pharmaceutical supply chain. (7) Alternative price negotiation mechanisms, including the impact of the Act of June 19, 1936 (commonly known as the Robinson–Patman Act 15 U.S.C. 13a et seq. (8) The impact on pharmacies, including pharmacy rebates, pharmacy fees, and dispensing channels. (f) GAO study (1) In general Not later than January 1, 2029, the Comptroller General of the United States shall report to Congress on— (A) pharmacy networks of group health plans, health insurance issuers, and entities providing pharmacy benefit management services under such group health plan or group or individual health insurance coverage, including networks that have pharmacies that are under common ownership (in whole or part) with group health plans, health insurance issuers, or entities providing pharmacy benefit management services or pharmacy benefit administrative services under group health plan or group or individual health insurance coverage; (B) as it relates to pharmacy networks that include pharmacies under common ownership described in subparagraph (A)— (i) whether such networks are designed to encourage participants and beneficiaries of a plan or coverage to use such pharmacies over other network pharmacies for specific services or drugs, and if so, the reasons the networks give for encouraging use of such pharmacies; and (ii) whether such pharmacies are used by participants and beneficiaries disproportionately more in the aggregate or for specific services or drugs compared to other network pharmacies; (C) whether group health plans and health insurance issuers offering group or individual health insurance coverage have options to elect different network pricing arrangements in the marketplace with entities that provide pharmacy benefit management services, the prevalence of electing such different network pricing arrangements; (D) pharmacy network design parameters that encourage participants and beneficiaries in the plan or coverage to fill prescriptions at mail order, specialty, or retail pharmacies that are wholly or partially-owned by that issuer or entity; and (E) the degree to which mail order, specialty, or retail pharmacies that dispense prescription drugs to participants and beneficiaries in a group health plan or health insurance coverage that are under common ownership (in whole or part) with group health plans, health insurance issuers, or entities providing pharmacy benefit management services or pharmacy benefit administrative services under group health plan or group or individual health insurance coverage receive reimbursement that is greater than the median price charged to the group health plan or health insurance issuer when the same drug is dispensed to participants and beneficiaries in the plan or coverage by other pharmacies included in the pharmacy network of that plan, issuer, or entity that are not wholly or partially owned by the health insurance issuer or entity providing pharmacy benefit management services. (2) Requirement In carrying out paragraph (1), the Comptroller General of the United States shall not disclose— (A) information that would allow for identification of a specific individual, plan sponsor, health insurance issuer, plan, or entity providing pharmacy benefit management services; or (B) commercial or financial information that is privileged or confidential. (3) Definitions In this subsection, the terms group health plan health insurance coverage health insurance issuer 42 U.S.C. 300gg–91

Pharmacy Benefit Manager Reform Act

Smart Sentencing Adjustments Act This bill establishes a grant program through which the Department of Justice may award grants to states to reduce the prison population of the state or to reduce the recurrence of recidivism after a term of incarceration and the collateral consequences experienced by individuals with criminal records.

118 S1342 IS: Smart Sentencing Adjustments Act U.S. Senate 2023-04-27 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. 1342 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Booker Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide incentives for States to implement policy changes to reduce prison populations, and for other purposes. 1. Short title This Act may be cited as the Smart Sentencing Adjustments Act 2. Grant program (a) In general Title I of the Omnibus Crime Control and Safe Street Act of 1968 ( 34 U.S.C. 10101 et seq. PP State prison population reduction grant program. 3061. Definitions In this part: (1) Implementation grant The term implementation grant (2) Planning grant The term planning grant (A) analyzing criminal justice trends and factors to better understand excessive and unnecessary prison incarceration; and (B) exploring the feasibility of developing, adopting, and implementing policy changes to ameliorate criminal justice trends and factors causing excessive and unnecessary prison incarceration. (3) Prison The term prison (4) State The term State 3062. Grant program (a) In general Not later than 1 year after the date of enactment of the Smart Sentencing Adjustments Act (b) Planning grants (1) Applications A State seeking a planning grant under this section shall submit to the Attorney General an application at such time and in such manner as the Attorney General may require, which shall include— (A) a description of the State’s need for a planning grant; and (B) a description of the activities the State will carry out with the planning grant. (2) Use of funds A State that receives a planning grant under this section shall use the grant solely for the purpose of developing plans for the policy changes that would be required to carry out subsection (c)(3). (3) Planning grant report Not later than 60 days after the end of the period of the planning grant of a State, the State shall submit to the Attorney General a report that describes— (A) the projects to be undertaken by the State using amounts made available under the planning grant; and (B) any additional information determined appropriate by the Attorney General. (c) Implementation grants (1) Eligibility In order to be eligible to apply for an implementation grant under paragraph (2), a State shall apply for, receive, and fully execute a planning grant under subsection (b). (2) Applications A State seeking an implementation grant under this section shall submit to the Attorney General an application at such time and in such manner as the Attorney General may require, which shall include— (A) the total prison population of the State, including racial, ethnic, gender, and socioeconomic information of the population and information relating to the income, education, and housing status of the population; (B) the rate of prison population growth of the State in relative and absolute estimates during the 25 year-period preceding the date of the application; and (C) a comprehensive and coherent plan detailing the proposals of the State to use amounts from the implementation grant that— (i) is based upon the activities the State performed with a planning grant received under this section; and (ii) describes the policy changes planned to carry out paragraph (3) to achieve the purpose of the implementation grant. (3) Use of funds A State that receives an implementation grant under this section shall use amounts from the grant to— (A) reduce the prison population of the State by— (i) establishing or supporting programs that divert individuals from incarceration; (ii) eliminating policies, with a retroactive effect, that drive excessive and unnecessarily lengthy terms of imprisonment, including by— (I) repealing mandatory minimum penalties for certain offenses; (II) repealing sentencing enhancements for certain offenses; and (III) downgrading certain criminal offenses, such as reducing felony offenses to misdemeanor offenses; (iii) implementing policies, with a retroactive effect, that help promote proportionality and fairness in sentencing, including by— (I) capping sentences; and (II) reviewing and modifying sentences automatically after 15 years; (iv) implementing policies, with a retroactive effect, that increase opportunities for early release, including by— (I) expanding opportunities and incentives for incarcerated individuals to earn time off of their custodial sentence; (II) repealing policies that restrict or reduce parole eligibility, such as truth in sentencing laws; and (III) eliminating policies that delay initial parole eligibility beyond 10 years; (v) reducing or eliminating the use of incarceration as a sanction for non-criminal rule violations of community supervision, such as technical parole and probation violations, including missing drug treatment classes; (vi) improving the executive functions of the State that can promote early release by— (I) establishing or expanding the use of mechanisms providing for the early release of incarcerated individuals based on specific criteria, such as advanced age and terminal illness, by— (aa) convening or staffing boards of experts to advise officials of the State with the authority to promulgate sentencing policy on the exercise of the State’s compassionate, medical, and geriatric release power; (bb) broadening eligibility criteria for release; (cc) streamlining and clarifying application for release review protocols; and (dd) increasing the number of compassionate, medical, and geriatric releases; and (II) improving clemency processes, including by— (aa) convening or staffing boards of experts to advise officials of the State with the authority to promulgate sentencing policy on the exercise of the State’s clemency power; (bb) broadening eligibility for clemency; (cc) streamlining and clarifying clemency application review protocols; and (dd) increasing the number of clemency grants; (vii) improving prosecutorial functions to correct extreme, disproportionate, unjust, or wrongful criminal convictions and custodial sentences by— (I) establishing or expanding conviction integrity units or conviction review units within prosecutorial offices that work to prevent, identify, and remedy false convictions; or (II) establishing or expanding sentencing review units within prosecutorial offices to address overcrowding, racial inequities, and lengthy prison sentences that are considered extreme or disproportionate; and (viii) improving the quality of indigent defense; or (B) reduce the recurrence of recidivism after a term of incarceration and reduce the collateral consequences experienced by individuals with criminal records by— (i) expanding programming for incarcerated populations within prisons that enables those populations to successfully transition back into society; (ii) improving access for expungement and record sealing processes; (iii) adopting laws prohibiting employers from asking applicants about their criminal history on applications for employment or prior to tendering an employment offer; (iv) eliminating fees imposed on a defendant by— (I) discharging any fine or fee debt for individuals who are incarcerated or exiting prison; or (II) developing policies and programs to assess fines and fees based on an individual’s ability to pay; (v) establishing or supporting wrap-around or community-based services for individuals reentering their communities after incarceration, including services relating to housing, disability, employment, education, healthcare, behavior and mental health, substance abuse, and childcare; or (vi) supporting community-based crime prevention programs that work directly with formerly incarcerated individuals or in communities that have a higher prevalence of individuals with criminal records, such as— (I) programs involving violence prevention; (II) housing and supportive housing; (III) jobs and job placement; (IV) substance abuse or mental health treatment; and (V) other wrap-around support services aiming to build pathways to life stabilizing opportunities. (4) Implementation grant report Not later than 1 year after the date on which a State receives an implementation grant under this section, and annually thereafter, the State shall submit to the Attorney General a report, at such time, in such manner, and containing such information as the Attorney General may require, that— (A) identifies the programs and policies funded with the grant; (B) assesses racial, ethnic, gender, age, and socioeconomic impacts of the programs and policies funded with the grant with independent researchers or a consortium of independent researchers, such as research or academic institutions; and (C) includes an evaluation of increases or decreases in a State's prison population by assessing changes in— (i) pretrial detention; (ii) sentencing; (iii) incarceration; (iv) probation; (v) parole; (vi) clemency; and (vii) compassionate, medical, or geriatric release. (5) Subgrants (A) In general A State receiving an implementation grant under this section shall use not less than 20 percent of the amount of the grant to award subgrants to nonprofit organizations that meet the criteria described in subparagraph (B), which shall assist in the implementation of the policy changes described in subsection (c)(2). (B) Criteria In selecting nonprofit organizations to receive subgrants under paragraph (1), a State shall give priority to nonprofit organizations that— (i) have a demonstrated track record of providing services to reintegrate individuals released from prison into society with a goal of reducing the recurrence of recidivism; (ii) are based in geographic areas with a higher prevalence of individuals with criminal records; (iii) are led by or employ individuals who have been incarcerated or have family members who are or have been incarcerated; or (iv) primarily serve individuals who— (I) have been arrested or convicted of a criminal offense; or (II) have spent time in jail, prison, or on probation or parole. (6) Renewal A State that receives an implementation grant under this section may apply for an additional implementation grant at the end of the term of the implementation grant if the State has reduced the prison population of the State by not less than 20 percent, based on the average total prison population of the State during the 3-year period preceding the date of the application for the implementation grant under paragraph (2). (d) Terms and conditions (1) Duration (A) Planning grant A planning grant under this section shall be awarded for a period of 2 fiscal years. (B) Implementation grant An implementation grant under this section shall be awarded for a period of 3 fiscal years. (2) Amount (A) Planning grant The amount of each planning grant awarded under this section shall not exceed $700,000 for the duration of the grant. (B) Implementation grant The amount of each implementation grant awarded under this section shall not exceed $70,000,000 for the duration of the grant. (3) Number of grant awards (A) Planning grants The Attorney General may award planning grants under this section to not more than 25 States during each fiscal year. (B) Implementation grants The Attorney General may award implementation grants under this section to no more than 25 States during each fiscal year. (4) Prohibitions (A) Inmate transfers During any grant term under this Act, a State may not transfer an individual convicted of a criminal offense with a sentence of not less than 1 year from a prison of the State to any penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses with sentences of less than 1 year for the purpose of carrying out subsection (c)(3). (B) Policies During the term of any grant awarded under this section, a State that receives the grant may not establish or amend any— (i) sentence enhancement or law that would increase the punishment of an individual previously convicted of a criminal offense; (ii) habitual offender law or law that imposes longer sentences on individuals who have been convicted of a certain number of criminal offenses; (iii) truth in sentencing law or law that aims to reduce the difference between sentences imposed and the actual time that individuals serve in prison; (iv) mandatory minimum sentencing law or law that requires judges to sentence offenders to a specified minimum prison term for specific offenses to increase the minimum prison sentence; or (v) policies that would result in increased incarceration. (C) Prohibitions A State receiving any grant under this part may not use amounts from the grant to— (i) build or maintain any prison, jail, or other facility designed for the confinement of individuals convicted of criminal offenses; (ii) enter into a contract with a for-profit company to build or manage prisons, jails, or other correctional facilities; (iii) hire, train, or maintain sworn law enforcement officers; (iv) purchase law enforcement equipment; or (v) create or fund programs that would increase incarceration. (5) Penalty If the Attorney General determines that a State receiving a grant under this section violates a provision of this part, the Attorney General shall— (A) require the State to repay 10 percent of the amount of the grant; and (B) prohibit the State from receiving any other grant under this part for not less than 3 years. (6) Maximums The Attorney General may award a State under this section— (A) not more than 1 planning grant; and (B) not more than 2 consecutive implementation grants. (e) Reservation The Attorney General shall reserve not more than 5 percent of the amount appropriated to carry out this part for administration, oversight, and technical assistance activities through the Office of Justice Programs. . (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 to carry out part PP $2,000,000,000 for each of fiscal years 2024 through 2034. .

Smart Sentencing Adjustments Act

504 Credit Risk Management Improvement Act of 2023 This bill revises the duties of the Office of Credit Risk Management to include oversight of a certified development company (CDC) that participates in the 504 Loan Program of the Small Business Administration (SBA), and it requires the SBA to issue rules related to certain environmental requirements. The 504 Loan Program provides a small business with SBA financing—through a CDC intermediary—for expansion or modernization. Specifically, the bill requires the office to oversee any CDC that participates in the program and to conduct file reviews with respect to loan closings under the program. Further, the bill authorizes the office to take formal and informal enforcement actions against a CDC for specified violations and to charge each CDC a fee. The SBA must issue rules to clarify the procedures necessary for an eligible CDC to comply with certain environmental requirements. The bill also extends, with respect to certain loans, the temporary authorities of a local development company that is designated as an accredited lender.

118 S1345 IS: 504 Credit Risk Management Improvement Act of 2023 U.S. Senate 2023-04-27 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. 1345 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Young Ms. Klobuchar Mr. Booker Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to enhance the Office of Credit Risk Management, to require the Administrator of the Small Business Administration to issue rules relating to environmental obligations of certified development companies, and for other purposes. 1. Short title This Act may be cited as the 504 Credit Risk Management Improvement Act of 2023 2. Enhancements to the Office of Credit Risk Management Section 47 of the Small Business Act ( 15 U.S.C. 657t (1) by striking subsection (b) and inserting the following: (b) Duties The Office— (1) shall be responsible for— (A) supervising— (i) any lender making loans under section 7(a) (in this section referred to as a 7(a) lender (ii) any Lending Partner or Intermediary participant of the Administration in a lending program of the Office of Capital Access of the Administration; (iii) any small business lending company or a non-Federally regulated lender without regard to the requirements of section 23; and (iv) any certified development company described under the program established under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. certified development company (B) conducting file reviews with respect to loan closings under the program established under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. (2) may— (A) take formal and informal enforcement actions against a certified development company, as provided in subsection (l); and (B) charge a certified development company a fee, as provided in subsection (m). ; and (2) by adding at the end the following: (j) Loan closing file reviews With respect to a loan closing under the program established under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. (1) Conducting a complete file review of a random selection of all loan closings, the number, frequency, and conduct of which shall be at the discretion of the Office, to ensure program integrity, including a review of the items listed on the Checklist for Complete File Review contained in the appropriate form of the Administration. (2) Not later than 60 days after the date on which each complete file review conducted under paragraph (1) is completed, preparing a written report documenting the results of that review, which the Office shall send to— (A) the applicable certified development company; (B) the designated attorney that closed the loan for the certified development company; and (C) the Commercial Loan Service Center. (3) If a complete file review conducted under paragraph (1) reveals a deficiency that could result in a loss to the Administration, requiring the applicable certified development company or the designated attorney to promptly correct the deficiency. (k) Supervision of certified development companies With respect to the supervision of certified development companies— (1) an employee of the Office shall— (A) be present for, and supervise, the review of any such company that is conducted by a contractor of the Office on the premises of the company; and (B) supervise the review of any such company that is conducted by a contractor of the Office that is not conducted on the premises of the company; and (2) the Administrator shall— (A) develop a timeline for the review by the Office of certified development companies and the submission of reports regarding those reviews, under which the Administrator shall— (i) submit to a certified development company a written report of any review of the company not later than 90 days after the date on which the review is concluded; or (ii) if the Administrator expects to submit the report after the end of the 90-day period described in clause (i), notify the company of the expected date of submission of the report and the reason for the delay; and (B) if a response by a certified development company is requested in a report submitted under subparagraph (A)(i), require the company to submit responses to the Administrator not later than 45 business days after the date on which the company receives the report. (l) Enforcement authority against certified development companies (1) Informal enforcement authority The Director may take an informal enforcement action against a certified development company if the Director finds that the company has violated a statutory or regulatory requirement or any requirement in a Standard Operating Procedures Manual or Policy Notice relating to a program or function of the Office of Capital Access. (2) Formal enforcement authority (A) In general With the approval of the Lender Oversight Committee established under section 48, the Director may take a formal enforcement action against any certified development company if the Director finds that the company has violated— (i) a statutory or regulatory requirement, including a requirement relating to the necessary funds for making loans when those funds are not made available to the company from private sources on reasonable terms; or (ii) any requirement described in a Standard Operating Procedures Manual or Policy Notice relating to a program or function of the Office of Capital Access. (B) Enforcement actions The decision to take an enforcement action against a certified development company under subparagraph (A) shall be based on the severity or frequency of the violation and may include assessing a civil monetary penalty against the company in an amount that is not greater than $250,000. (3) Failure to submit annual report With respect to a certified development company that, as of the date that is 30 days after the date on which the company is required to submit any report, fails to submit that report, the Director may— (A) suspend the company from participating in the program established under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. (B) impose a penalty on the company in an amount to be determined by the Director, except that the amount of the penalty shall be not more than $10,000. (m) Fee authority regarding certified development companies (1) In general On and after the date that is 1 year after the date of enactment of this subsection, the Office may collect from each certified development company a fee, the amount of which— (A) shall be determined on a graduated scale according to the size of the portfolio of the certified development company with respect to the program carried out under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. (B) shall not exceed the amount that is 1 basis point with respect to the value of the portfolio described in subparagraph (A). (2) Payment A certified development company on which a fee is imposed under paragraph (1) shall pay the fee from the servicing fees collected by the development company pursuant to regulation. . 3. Rules relating to obligations of certified development companies under the National Environmental Policy Act (a) Eligible certified development company defined In this section, the term eligible certified development company 15 U.S.C. 695 et seq. (b) Requirement To issue rules Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue rules to clarify the procedures necessary for an eligible certified development company to comply with the applicable requirements under National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (c) Rule of construction Nothing in this section shall be construed to modify the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.

504 Credit Risk Management Improvement Act of 2023

Improving Mental Health Access from the Emergency Department Act of 2023 This bill authorizes a grant program for emergency departments to increase access to follow-up psychiatric services for individuals who present for care of acute mental-health episodes. The Substance Abuse and Mental Health Services Administration may award these grants.

118 S1346 IS: Improving Mental Health Access from the Emergency Department Act of 2023 U.S. Senate 2023-04-27 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. 1346 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mrs. Capito Ms. Hassan Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Health and Human Services, acting through the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration, to award grants to implement innovative approaches to securing prompt access to appropriate follow-on care for individuals who experience an acute mental health episode and present for care in an emergency department, and for other purposes. 1. Short title This Act may be cited as the Improving Mental Health Access from the Emergency Department Act of 2023 2. Securing appropriate follow-on care for acute mental health illness after an emergency department encounter The Public Health Service Act is amended by inserting after section 520J of such Act ( 42 U.S.C. 290bb–41 520J–1. Securing appropriate follow-on care for acute mental health illness after an emergency department encounter (a) In general The Secretary may award grants on a competitive basis to qualifying health providers to implement innovative approaches to securing prompt access to appropriate follow-on care for individuals who experience an acute mental health episode and present for care in an emergency department. (b) Eligible grant recipients In this section, the term qualifying health provider (1) has an emergency department; (2) is staffed by medical personnel (such as emergency physicians, psychiatrists, psychiatric registered nurses, mental health technicians, clinical social workers, psychologists, and therapists) capable of providing treatment focused on stabilizing acute mental health conditions and assisting patients to access resources to continue treatment in the least restrictive appropriate setting; and (3) has arrangements in place with other providers of care that can provide a full range of medically-appropriate, evidence-based services for the treatment of acute mental health episodes. (c) Use of funds A qualifying health provider receiving funds under this section shall use such funds to establish, support, or expand programs or projects intended to assist individuals who are treated at the provider’s emergency department for acute mental health episodes and to expeditiously transition such individuals to an appropriate facility or setting for follow-on care. Such use of funds may support the following: (1) Expediting placement in appropriate facilities through activities such as expanded coordination with regional service providers, assessment, peer navigators, bed availability tracking and management, transfer protocol development, networking infrastructure development, and transportation services. (2) Increasing the supply of inpatient psychiatric beds and alternative care settings such as regional emergency psychiatric facilities. (3) Use of alternative approaches to providing psychiatric care in the emergency department setting, including through tele-psychiatric support and other remote psychiatric consultation, implementation of peak period crisis clinics, or creation of psychiatric emergency service units. (4) Use of approaches that include proactive followup such as telephone check-ins, telemedicine, or other technology-based outreach to individuals during the period of transition. (5) Such other activities as the Secretary determines appropriate, consistent with subsection (a). (d) Application A qualifying health provider desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. At a minimum, the application shall include the following: (1) A description of identified need for acute mental health services in the provider’s service area. (2) A description of the existing efforts of the provider to meet the need for acute mental health services in the service area, and identified gaps in the provision of such services. (3) A description of the proposed use of funds to meet the need and gaps identified pursuant to paragraph (2). (4) A description of how the provider will coordinate efforts with Federal, State, local, and private entities within the service area. (5) A description of program objectives, how the objectives are proposed to be met, and how the provider will evaluate outcomes relative to objectives. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated $15,000,000 for each of fiscal years 2024 through 2028. .

Improving Mental Health Access from the Emergency Department Act of 2023

Wyoming Public Lands Initiative Act of 2023 This bill designates specified wilderness study areas, special management areas, a National Conservation Area, and other areas in Wyoming. The bill designates the following areas as wilderness and as components of the National Wilderness Preservation System: certain land within the Encampment River Canyon Wilderness Study Area, to be known as the Encampment River Canyon Wilderness; certain land within the Prospect Mountain Wilderness Study Area, to be known as the Prospect Mountain Wilderness; certain land within the Sweetwater Canyon Wilderness Study Area, to be known as the Upper Sweetwater Canyon Wilderness and the Lower Sweetwater Canyon Wilderness; and certain land within the Bobcat Draw Wilderness Study Area, to be known as the Bobcat Draw Wilderness. The bill designates the following special management areas: Bennett Mountains, Black Cat, Sweetwater Rocks, and Cedar Mountain. The Bureau of Land Management (BLM) shall divide the land within the Dubois Badlands Wilderness Study Area into the Dubois Motorized Recreation Area and the Dubois Badlands National Conservation Area, separating the two with a fence. The bill designates Fortification Creek, Fraker Mountain, and North Fork as management areas. The proposed BLM rule titled Conservation and Landscape Health or any substantially similar rule shall not apply to the land covered by this bill.

118 S1348 IS: Wyoming Public Lands Initiative Act of 2023 U.S. Senate 2023-04-27 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. 1348 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Barrasso Ms. Lummis Committee on Energy and Natural Resources A BILL To redesignate land within certain wilderness study areas in the State of Wyoming, and for other purposes. 1. Short title This Act may be cited as the Wyoming Public Lands Initiative Act of 2023 2. Definitions In this Act: (1) Bureau The term Bureau (2) Department The term Department (3) Director The term Director (4) Emergency The term emergency (A) to the health or safety of people; or (B) of harm to property. (5) Range improvement The term range improvement 43 U.S.C. 1902 (6) State The term State 3. Designation of land in Carbon County, Wyoming (a) Designation of wilderness areas (1) Encampment River Canyon Wilderness (A) Designation In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. Encampment River Canyon Wilderness Wilderness (B) Excluded land (i) Definition of Water Valley Road In this subparagraph, the term Water Valley Road (I) in sec. 22, land in— (aa) the NE 1/4 1/4 (bb) the S 1/2 1/4 (II) in sec. 27, land in lots 4, 6, and 7 of the NW 1/4 1/4 (III) in sec. 28, land in lot 1 of the NE 1/4 1/4 (IV) in sec. 34, land in— (aa) the S 1/2 1/4 (bb) the E 1/2 1/4 (V) in sec. 35, land in— (aa) the N 1/2 1/4 (bb) the NW 1/4 1/4 (cc) the S 1/2 1/4 (ii) Land excluded from the Wilderness The following land is not included in the Wilderness: (I) Any land in the NW 1/4 1/4 1/4 (II) Any land within 50 feet of the centerline of— (aa) County Road 353; or (bb) Water Valley Road. (C) Maintenance of roads Necessary maintenance or repairs to County Road 353 or Water Valley Road (as defined in subparagraph (B)) shall be permitted after the date of enactment of this Act, consistent with the requirements of this subsection. (D) Wildfire suppression (i) In general Not later than 180 days after the date of enactment of this Act, the Director shall establish a fire suppression plan for the protection of— (I) any individual or structure adjacent to the Wilderness; and (II) the population centers of— (aa) Encampment, Wyoming; and (bb) Riverside, Wyoming. (ii) Coordination In carrying out clause (i), the Director shall coordinate with— (I) the Wyoming State Forestry Division; and (II) Carbon County, Wyoming. (2) Prospect Mountain Wilderness (A) Designation In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. Prospect Mountain Wilderness Wilderness (B) Excluded land Any land within 100 feet of the centerline of Prospect Road is not included in the Wilderness. (C) Maintenance of Prospect Road Necessary maintenance or repairs to Prospect Road shall be permitted after the date of enactment of this Act, consistent with the requirements of this subsection. (3) Management of wilderness areas (A) Administration Subject to valid existing rights, the wilderness areas designated in paragraphs (1) and (2) (referred to in this paragraph as the Wilderness Areas (i) this paragraph; and (ii) the Wilderness Act ( 16 U.S.C. 1131 et seq. (B) Grazing Grazing of livestock in the Wilderness Areas, where established before the date of enactment of this Act, shall be allowed to continue in accordance with— (i) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (ii) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); and (iii) the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405). (C) Review of policies, practices, and regulations (i) In general To ensure that the policies, practices, and regulations of the Department conform to and implement the intent of Congress regarding forest fires and the outbreak of disease or insects, not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall review all policies, practices, and regulations of the Department applicable to the Wilderness Areas that pertain to— (I) wildland fires, including the use of modern methods of fire suppression (including mechanical activity, as necessary); or (II) the outbreak of disease or insect populations. (ii) Revisions On completion of the review under clause (i), the Secretary of the Interior shall revise or develop policies, practices, and regulations for the Wilderness Areas— (I) to ensure the timely and efficient control of fires, diseases, and insects in the Wilderness Areas, in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) (II) to provide, to the maximum extent practicable, adequate protection from forest fires, disease outbreaks, and insect infestations to any Federal, State, or private land adjacent to the Wilderness Areas. (b) Designation of Bennett Mountains Special Management Area (1) Designation The land within the Bennett Mountains Wilderness Study Area is designated as the Bennett Mountains Special Management Area Special Management Area (2) Administration The Special Management Area shall be administered by the Director. (3) Roads; motorized vehicles (A) Roads (i) Prohibition on new permanent roads The construction of new permanent roads in the Special Management Area shall not be allowed. (ii) Temporary roads The Director may authorize the construction of new temporary roads to respond to an emergency. (B) Motorized vehicles Except as needed for administrative purposes, to respond to an emergency, or to develop range improvements, the use of motorized and mechanized vehicles in the Special Management Area shall be allowed only on existing roads and trails designated for the use of motorized or mechanized vehicles by the travel management plan established under subparagraph (C). (C) Travel management plan Not later than 2 years after the date of enactment of this Act, the Director shall establish a travel management plan for the Special Management Area. (4) Grazing Grazing of livestock in the Special Management Area shall be administered— (A) as a nondiscretionary use; and (B) in accordance with the laws generally applicable to land under the jurisdiction of the Bureau, including— (i) the Act of June 28, 1934 (commonly known as the Taylor Grazing Act 43 U.S.C. 315 et seq. (ii) the Federal Land Policy and Management Act of 1976 43 U.S.C. 1701 et seq. (iii) the Public Rangelands Improvement Act of 1978 ( 43 U.S.C. 1901 et seq. (5) Fire management and suppression (A) In general The Director shall carry out fire management and suppression activities in the Special Management Area in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (B) Review of policies, practices, and regulations (i) In general To ensure that the policies, practices, and regulations of the Bureau conform to and implement the intent of Congress regarding forest fires, not later than 180 days after the date of enactment of this Act, the Director shall review all policies, practices, and regulations of the Bureau applicable to the Special Management Area that pertain to wildland fires, including the use of modern methods of fire suppression. (ii) Revision On completion of the review under clause (i), the Director shall revise or develop policies, practices, and regulations for the Special Management Area— (I) to ensure the timely and efficient control of fires in the Special Management Area; and (II) to provide, to the maximum extent practicable, adequate protection from forest fires to any Federal, State, or private land adjacent to the Special Management Area. (6) Timber harvesting Commercial timber harvesting shall not be allowed in the Special Management Area. (7) Withdrawal (A) In general Except as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from— (i) location, entry, and patent under the mining laws; and (ii) disposition under all laws relating to mineral and geothermal leasing. (B) Exception The Secretary of the Interior may lease oil and gas resources within the boundaries of the Special Management Area if— (i) the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and (ii) the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. (c) Designation of Black Cat Special Management Area (1) Designation The land described in paragraph (2) is designated as the Black Cat Special Management Area Special Management Area (2) Included land The Special Management Area shall consist of— (A) the Federal land in T. 14 N., R. 81 W., sec. 35, that is managed by the Forest Service; and (B) the portions of T. 14 N., R. 81 W., secs. 26, 35, and 36, that are south and west of the North Platte River. (3) Administration The Special Management Area shall be administered by the Secretary of Agriculture. (4) Roads; motorized vehicles (A) Roads (i) Prohibition on new permanent roads The construction of new permanent roads in the Special Management Area shall not be allowed. (ii) Temporary roads The Secretary of Agriculture may authorize the construction of new temporary roads to respond to an emergency. (B) Motorized vehicles Except as needed for administrative purposes, to respond to an emergency, or to develop or maintain range improvements, the Secretary of Agriculture shall prohibit the use of motorized and mechanized vehicles in the Special Management Area. (5) Grazing Grazing of livestock in the Special Management Areas shall be administered— (A) as a nondiscretionary use; and (B) in accordance with the laws generally applicable to the National Forest System, including— (i) the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq. (ii) the Act of June 28, 1934 (commonly known as the Taylor Grazing Act 43 U.S.C. 315 et seq. (iii) the Public Rangelands Improvement Act of 1978 ( 43 U.S.C. 1901 et seq. (6) Fire management and suppression (A) In general The Secretary of Agriculture shall carry out fire management and suppression activities in the Special Management Area— (i) in accordance with the laws generally applicable to— (I) the National Forest System; and (II) the land within the boundaries of the Special Management Area; and (ii) (I) if a land management plan has been established for the Special Management Area, in accordance with that land management plan; or (II) if a land management plan has not been established for the Special Management Area, in a manner consistent with land that is similarly situated to the land within the boundaries of the Special Management Area, as determined by the Secretary of Agriculture. (B) Review of policies, practices, and regulations (i) In general To ensure that the policies, practices, and regulations of the Department of Agriculture conform to and implement the intent of Congress regarding forest fires, not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall review all policies, practices, and regulations of the Department of Agriculture applicable to the Special Management Area that pertain to forest fires, including the use of modern methods of fire suppression. (ii) Revision On completion of the review under clause (i), the Secretary of Agriculture shall revise or develop policies, practices, and regulations for the Special Management Area— (I) to ensure the timely and efficient control of fires in the Special Management Area; and (II) to provide, to the maximum extent practicable, adequate protection from forest fires to any Federal, State, or private land adjacent to the Special Management Area. (7) Timber harvesting Commercial timber harvesting shall not be allowed in the Special Management Area. (8) Withdrawal (A) In general Except as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from— (i) location, entry, and patent under the mining laws; and (ii) disposition under all laws relating to mineral and geothermal leasing. (B) Exception The Secretary of the Interior may, with the approval of the Secretary of Agriculture, lease oil and gas resources within the boundaries of the Special Management Area if— (i) the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and (ii) the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. (d) Release of wilderness study areas (1) Finding Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (2) Description of land The wilderness study areas referred to in paragraphs (1) and (3) are— (A) the Encampment River Canyon Wilderness Study Area; (B) the Prospect Mountain Wilderness Study Area; and (C) the Bennett Mountains Wilderness Study Area. (3) Release Any portion of a wilderness study area described in paragraph (2) that is not designated as wilderness by this section is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (4) Management of released land (A) Encampment River Canyon Wilderness Study Area The Director shall manage the portion of the Encampment River Canyon Wilderness Study Area released under paragraph (3) in a manner consistent with a resource management plan that is applicable to any land that— (i) is adjacent to that released portion; and (ii) is not included in the Encampment River Canyon Wilderness designated under subsection (a)(1). (B) Prospect Mountain Wilderness Study Area The portion of the Prospect Mountain Wilderness Study Area released under paragraph (3) shall be managed in accordance with— (i) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (ii) any other applicable law. (C) Bennett Mountains Wilderness Study Area The Director shall manage the portion of the Bennett Mountains Wilderness Study Area released under paragraph (3) in accordance with subsection (b). 4. Designation of land in Fremont and Natrona Counties, Wyoming (a) Designation of Upper Sweetwater Canyon and Lower Sweetwater Canyon wilderness areas (1) Designation (A) In general In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. Upper Sweetwater Canyon Wilderness Upper Wilderness Lower Sweetwater Canyon Wilderness Lower Wilderness (B) Upper Sweetwater Canyon Wilderness (i) Boundary (I) In general Except as provided in subclause (II), the boundary of the Upper Wilderness shall conform to the boundary of the Sweetwater Canyon Wilderness Study Area. (II) Eastern boundary The eastern boundary of the Upper Wilderness shall be 100 feet from the western edge of the north-south road bisecting the Upper Wilderness and the Lower Wilderness, known as Strawberry Creek Road (ii) Exclusion of existing roads Any established legal route with authorized motorized use in existence on the date of enactment of this Act that enters the Upper Wilderness in T. 28 N., R. 98 W., sec. 4, or the Lower Wilderness in T. 29 N., R. 97 W., sec. 33, is not included in the Upper Wilderness. (C) Lower Sweetwater Canyon Wilderness (i) Boundary (I) In general Except as provided in subclauses (II) and (III), the boundary of the Lower Wilderness shall conform to the boundary of the Sweetwater Canyon Wilderness Study Area. (II) Western boundary The western boundary of the Lower Wilderness shall be 100 feet from the eastern edge of the north-south road bisecting the Upper Wilderness and the Lower Wilderness, known as Strawberry Creek Road (III) Northern boundary The northern boundary of the Lower Wilderness shall begin where the bisecting road referred to in subclause (II) enters the Sweetwater Canyon Wilderness Study Area at the border of T. 29 N., R. 98 W., sec. 36, and T. 28 N., R. 98 W., sec. 2, and shall run east along the boundary of T. 29 N., R. 97 W., sec. 31, to the centerline of T. 29 N., R. 97 W., sec. 31, then north along that centerline to the midpoint of T. 29 N., R. 97 W., sec. 31, then east along that centerline to the boundary of T. 29 N., R. 97 W., sec. 32, then following the existing boundary of the Sweetwater Canyon Wilderness Study Area to the midpoint of T. 29 N., R. 97 W., sec. 32, then east along the centerline of T. 29 N., R. 97 W., secs. 32 and 33, to the existing boundary of the Sweetwater Canyon Wilderness Study Area. (ii) Exclusion of existing roads Any established legal route with authorized motorized use in existence on the date of enactment of this Act that enters the Upper Wilderness in T. 29 N., R. 98 W., sec. 4, or the Lower Wilderness in T. 29 N., R. 97 W., sec. 33, is not included in the Lower Wilderness. (2) Management (A) Administration Subject to valid existing rights, the Upper Wilderness and the Lower Wilderness shall be administered by the Director in accordance with— (i) this paragraph; and (ii) the Wilderness Act ( 16 U.S.C. 1131 et seq. (B) Grazing Grazing of livestock in the Upper Wilderness and the Lower Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with— (i) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (ii) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); and (iii) the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405). (C) Maintenance of existing roads Necessary maintenance or repairs to any road described in subparagraph (B) or (C) of paragraph (1) shall be permitted after the date of enactment of this Act, consistent with the requirements of this subsection. (D) Range improvements The construction, reconstruction, and maintenance of range improvements shall be allowed in the Upper Wilderness and the Lower Wilderness. (E) Buffer zones (i) In general Nothing in this paragraph creates a protective perimeter or buffer zone around the Upper Wilderness or the Lower Wilderness. (ii) Activities outside wilderness areas The fact that an activity or use on land outside the Upper Wilderness or the Lower Wilderness can be seen or heard within the Upper Wilderness or the Lower Wilderness, respectively, shall not preclude the activity or use outside the boundary of the Upper Wilderness or the Lower Wilderness. (3) Release of wilderness study area Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) 43 U.S.C. 1782(c) (b) Designation of Sweetwater Rocks Special Management Area (1) Designation The land within the Lankin Dome, Split Rock, Savage Peak, and Miller Springs Wilderness Study Areas is designated as the Sweetwater Rocks Special Management Area Special Management Area (2) Administration The Special Management Area shall be administered by the Director in a manner that protects— (A) valid existing rights; (B) agricultural uses; (C) primitive recreational opportunities; and (D) natural, historic, and scenic resources. (3) Motorized vehicles (A) In general Except as provided in subparagraph (B), the use of motorized vehicles in the Special Management Area shall be allowed only on established legal routes with authorized motorized use existing on the date of enactment of this Act. (B) Exceptions Notwithstanding subparagraph (A), the use of motorized vehicles may be allowed in the Special Management Area for the construction, reconstruction, or maintenance of necessary infrastructure, as determined by the Director. (4) Grazing Grazing of livestock in the Special Management Area shall be administered in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (5) Prohibition on certain overhead towers No new overhead transmission or communications tower shall be constructed in the Special Management Area. (6) Underground rights-of-way The Director may expand any underground right-of-way in the Special Management Area that exists as of the date of enactment of this Act. (7) Buffer zones (A) In general Nothing in this subsection creates a protective perimeter or buffer zone around the Special Management Area. (B) Activities outside special management area The fact that an activity or use on land outside the Special Management Area can be seen or heard within the Special Management Area shall not preclude the activity or use outside the boundary of the Special Management Area. (8) Land exchanges and easements (A) Land exchanges (i) In general The Director may propose to, and carry out with, an individual or entity owning land in the vicinity of the Special Management Area any land exchange that— (I) increases access to the Special Management Area; and (II) does not result in a net loss of Federal land. (ii) Process The Director may carry out clause (i)— (I) through the use of existing processes; or (II) by establishing a process for proposing and carrying out land exchanges under that clause. (B) Easements Notwithstanding any other provision of law, the Director may acquire from an individual or entity owning land in the vicinity of the Special Management Area an easement for the purpose of increasing access to the Special Management Area. (9) Withdrawals (A) Mining, mineral, and geothermal withdrawal (i) In general Except as provided in clause (ii), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from— (I) location, entry, and patent under the mining laws; and (II) disposition under all laws relating to mineral and geothermal leasing. (ii) Exception The Secretary of the Interior may lease oil and gas resources within the boundaries of the Special Management Area if— (I) the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and (II) the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. (B) Wind and solar energy withdrawal Subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from right-of-way leasing and disposition under all laws relating to wind or solar energy. (10) Release of wilderness study areas Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) 43 U.S.C. 1782(c) (c) Release of the Dubois Badlands Wilderness Study Area (1) Division The Director shall divide the land within the Dubois Badlands Wilderness Study Area by installing a fence, or repairing or relocating an existing fence, in T. 41 N., R. 106 W., sec. 5, that— (A) follows existing infrastructure and natural barriers; (B) begins at an intersection with North Mountain View Road in the NE 1/4 1/4 (C) from the point described in subparagraph (B), proceeds southeast to a point near the midpoint of the NE 1/4 (D) from the point described in subparagraph (C), proceeds southwest to a point in the SW 1/4 1/4 (2) Dubois Motorized Recreation Area (A) Establishment There is established the Dubois Motorized Recreation Area (referred to in this paragraph as the Recreation Area (B) Area included The Recreation Area shall consist of— (i) any land within the boundaries of the Dubois Badlands Wilderness Study Area that is west of the fence described in paragraph (1); and (ii) any Federal land in T. 41 N., R. 106 W., secs. 5 and 6 that— (I) is managed by the Bureau; and (II) is west of North Mountain View Road. (C) Management (i) Boundary fence (I) In general The Director shall construct a fence along the western boundary of the Recreation Area on any land that— (aa) is managed by the Bureau; and (bb) is west of North Mountain View Road. (II) Coordination In designing, locating, and constructing the fence described in subclause (I), the Director shall coordinate with the owners of any land adjacent to the land described in that subclause. (ii) Travel management plan As soon as practicable after the date of completion of the fence described in clause (i), the Director shall establish a travel management plan for the Recreation Area to maximize the use of motorized off-road vehicles in the Recreation Area. (3) Dubois Badlands National Conservation Area (A) Establishment There is established the Dubois Badlands National Conservation Area (referred to in this paragraph as the Conservation Area (B) Area included The Conservation Area shall consist of any land within the boundaries of the Dubois Badlands Wilderness Study Area that is east of the fence described in paragraph (1). (C) Management (i) In general The Director shall manage the Conservation Area in a manner that protects— (I) valid existing rights; (II) agricultural uses; (III) primitive recreational opportunities; and (IV) natural, historic, and scenic resources. (D) Motorized vehicles (i) In general Except as provided in clause (ii), the use of motorized vehicles in the Conservation Area shall not be allowed. (ii) Exceptions The Director may allow the use of motorized vehicles in the Conservation Area for— (I) habitat improvement; (II) the construction, reconstruction, or maintenance of range improvements; and (III) to respond to an emergency. (E) Grazing Grazing of livestock in the Conservation Area shall be administered in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (F) Rights-of-way No major right-of-way shall be allowed within the boundaries of the Conservation Area. (G) Withdrawal (i) In general Subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Conservation Area is withdrawn from— (I) location, entry, and patent under the mining laws; and (II) disposition under all laws relating to mineral and geothermal leasing. (4) Release Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) 43 U.S.C. 1782(c) (d) Release of certain wilderness study areas (1) Copper Mountain Wilderness Study Area (A) Release Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (i) has been adequately studied for wilderness designation; (ii) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (iii) shall be managed in accordance with this paragraph. (B) Management of released land (i) In general The land described in subparagraph (A) shall be administered by the Director in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (ii) Mineral leasing (I) In general Subject to surface occupancy requirements and any other provision of law, the Director may enter mineral leases for any land described in subparagraph (A) that has a slope of less than 25 percent. (II) Underground rights-of-way The Director may grant underground rights-of-way for any mineral lease entered into under subclause (I). (iii) Prohibition of certain leases Subject to valid rights in existence on the date of enactment of this Act, the Director shall not issue a new lease for a wind or solar project, an overhead transmission line, or a communication tower on the land described in subparagraph (A). (C) Authority to exchange land In carrying out any land exchange involving any of the land described in subparagraph (A), the Director shall ensure that the exchange does not result in a net loss of Federal land. (2) Whiskey Mountain Wilderness Study Area (A) Release Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (i) has been adequately studied for wilderness designation; (ii) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (iii) shall be managed in accordance with this paragraph. (B) Management of released land The land described in subparagraph (A) shall be administered by the Director in accordance with— (i) a resource management plan that is applicable to any land adjacent to the land described in subparagraph (A); and (ii) the Whiskey Mountain Cooperative Agreement between the Wyoming Game and Fish Commission, the Forest Service, and the Bureau, including any amendment to that agreement relating to the management of bighorn sheep. (e) Management of land in Fremont County, Wyoming (1) Definition of County In this subsection, the term County (2) Lander slope and Red Canyon Areas of Environmental Concern (A) Transfers The Director shall pursue transfers in which land managed by the Bureau in the County is exchanged for land owned by the State that is within the boundaries of— (i) the Lander Slope Area of Critical Environmental Concern; or (ii) the Red Canyon Area of Critical Environmental Concern. (B) Requirements A transfer under subparagraph (A) shall— (i) comply with all requirements of law, including any required analysis; and (ii) be subject to appropriation. (3) Study (A) In general The Director shall carry out a study to evaluate the potential for the development of special motorized recreation areas in the County. (B) Requirements The study under subparagraph (A) shall evaluate— (i) the potential for the development of special motorized recreation areas on all land managed by the Bureau in the County except— (I) T. 40 N., R. 94 W., secs. 15, 17, 18, 19, 20, 21, 22, 27, 28, 29, and the N 1/2 (II) any land that is subject to a restriction on the use of off-road vehicles under any Federal law, including this Act; (ii) the suitability of the land for off-road vehicles, including rock crawlers; and (iii) the parking, staging, and camping necessary to accommodate special motorized recreation. (C) Report Not later than 2 years after the date of enactment of this Act, the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the findings of the study under subparagraph (A). (4) Fremont County Implementation Team (A) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall establish a team, to be known as the Fremont County Implementation Team Team (B) Membership The team shall consist of— (i) the Secretary of the Interior (or a designee of the Secretary of the Interior); and (ii) 1 or more individuals appointed by the Board of County Commissioners of the County. (C) Nonapplicability of the F A C A The team shall not be subject to the requirements of chapter 10 Federal Advisory Committee Act 5. Designation of land in Johnson and Campbell Counties, Wyoming (a) Designations (1) Fortification Creek Management Area The land within the Fortification Creek Wilderness Study Area is designated as the Fortification Creek Management Area (2) Fraker Mountain Management Area The land within the Gardner Mountain Wilderness Study Area is designated as the Fraker Mountain Management Area (3) North Fork Management Area The land within the North Fork Wilderness Study Area is designated as the North Fork Management Area (b) Management (1) Administration The management areas designated by subsection (a) (referred to in this subsection as the Management Areas (A) promotes nonmotorized backcountry recreation, including hunting; and (B) supports ongoing projects to maintain and improve— (i) wildlife habitat; (ii) forest health; (iii) watershed protection; and (iv) ecological and cultural values. (2) Roads (A) Prohibition on new permanent roads The construction of new permanent roads in the Management Areas shall not be allowed. (B) Temporary roads The Secretary of the Interior may authorize the construction of new temporary roads in the Management Areas— (i) for— (I) fire suppression; (II) forest health and restoration; (III) weed and pest control; (IV) habitat management; (V) livestock management; or (VI) the construction, reconstruction, or maintenance of a range improvement; or (ii) to respond to an emergency. (3) Motorized vehicles (A) In general Except as provided in subparagraph (B), the use of motorized or mechanized vehicles in the Management Areas shall not be allowed. (B) Exceptions The Director may allow the use of motorized or mechanized vehicles in the Management Areas— (i) for— (I) fire suppression; (II) forest health and restoration; (III) weed and pest control; (IV) habitat management; (V) livestock management; or (VI) the construction, reconstruction, or maintenance of a range improvement; or (ii) to respond to an emergency. (4) Grazing Grazing of livestock in the Management Areas shall be administered in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (5) Prohibition on certain infrastructure The development, construction, or installation of infrastructure for recreational use shall not be allowed in— (A) the Fraker Mountain Management Area; or (B) the North Fork Management Area. (6) Withdrawal (A) In general Except as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Management Areas is withdrawn from— (i) location, entry, and patent under the mining laws; and (ii) disposition under all laws relating to mineral and geothermal leasing. (B) Exception The Secretary of the Interior may lease oil and gas resources within the boundaries of a management area designated by paragraph (1) if— (i) the lease may only be accessed by directional drilling from a lease that is outside of the management area; and (ii) the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the management area for any activities, including activities related to exploration, development, or production. (7) Release of wilderness study areas Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) 43 U.S.C. 1782(c) 6. Designation of land in Washakie and Hot Springs Counties, Wyoming (a) Designation of Bobcat Draw Wilderness (1) Designation (A) In general In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. Bobcat Draw Wilderness Wilderness (B) Included land The Wilderness shall consist of— (i) in T. 48 N., R. 97 W., secs. 2, 3, 10, 11, 15, 22, 23, 26, and 27, any land in the Bobcat Draw Wilderness Study Area that is in Washakie County, Wyoming; (ii) in T. 48 N., R. 97 W., sec. 4, the land in— (I) the E 1/2 1/4 (II) lots 5, 6, 11, 12, 13 and 14 of the NE 1/4 (III) the east 1/2 1/4 (IV) the northeast 1/4 1/4 (iii) in T. 48 N., R. 97 W., sec. 9, the land in— (I) the E 1/2 1/4 (II) the SW 1/4 1/4 (III) the E 1/2 1/4 1/4 (IV) the SE 1/4 1/4 1/4 (V) the SE 1/4 (VI) the E 1/2 1/4 1/4 (VII) the SW 1/4 1/4 1/4 (VIII) the SE 1/4 1/4 (IX) the E 1/2 1/4 1/4 (iv) in T. 48 N., R. 97 W., sec. 14, the land in— (I) the W 1/2 (II) the W 1/2 1/4 (III) the W 1/2 1/4 (IV) the SE 1/4 1/4 (v) in T. 48 N., R. 97 W., sec. 21, the land in— (I) the NE 1/4 (II) the E 1/2 1/4 1/4 (III) the E 1/2 1/4 1/4 (IV) the E 1/2 1/4 1/4 (V) that part of the E 1/2 1/4 1/4 (VI) that part of the SE 1/4 (vi) in T. 48 N., R. 97 W., sec. 24, the land in— (I) the W 1/2 1/4 (II) that part of the NW 1/4 1/4 (2) Management (A) Administration Subject to valid existing rights, the Wilderness shall be administered by the Director in accordance with— (i) this paragraph; and (ii) the Wilderness Act ( 16 U.S.C. 1131 et seq. (B) Grazing Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with— (i) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) (ii) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); and (iii) the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405). (C) Review of policies, practices, and regulations (i) In general To ensure that the policies, practices, and regulations of the Department conform to and implement the intent of Congress regarding forest fires and the outbreak of disease or insects, not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall review all policies, practices, and regulations of the Department applicable to the Wilderness that pertain to— (I) forest fires, including the use of modern methods of fire suppression (including mechanical activity, as necessary); or (II) the outbreak of disease or insect populations. (ii) Revisions On completion of the review under clause (i), the Secretary of the Interior shall revise or develop policies, practices, and regulations for the Wilderness— (I) to ensure the timely and efficient control of fires, diseases, and insects in the Wilderness; and (II) to provide, to the maximum extent practicable, adequate protection from forest fires, disease outbreaks, and insect infestations to any Federal, State, or private land adjacent to the Wilderness. (3) Release of wilderness study area (A) Release Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) 43 U.S.C. 1782(c) (B) Classification and management of released land (i) Classification The Director shall designate the land described in subparagraph (A) as visual resource management class II. (ii) Grazing Grazing of livestock on the land described in subparagraph (A) shall be administered— (I) as a nondiscretionary use; and (II) in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (C) Travel management plan (i) In general Not later than 2 years after the date of enactment of this Act, the Director shall develop a travel management plan for the land described in subparagraph (A). (ii) Requirements The travel management plan under clause (i) shall— (I) identify all existing roads and trails on the land described in subparagraph (A); (II) designate each road or trail available for— (aa) motorized or mechanized recreation; or (bb) agriculture practices; (III) prohibit the construction of any new road or trail for motorized or mechanized recreation use; and (IV) permit the continued use of nonmotorized trails. (D) Withdrawal (i) In general Except as provided in clause (ii), subject to valid rights in existence on the date of enactment of this Act, the land described in subparagraph (A) is withdrawn from— (I) location, entry, and patent under the mining laws; and (II) disposition under all laws relating to mineral and geothermal leasing. (ii) Exception The Secretary of the Interior may lease oil and gas resources within the land described in subparagraph (A) if— (I) the lease may only be accessed by directional drilling from a lease that is outside of the land described in subparagraph (A); and (II) the lease prohibits, without exception or waiver, surface occupancy and surface disturbance on the land described in subparagraph (A) for any activities, including activities related to exploration, development, or production. (b) Designation of Cedar Mountain Special Management Area (1) Designation (A) In general Except as provided in subparagraph (B), the land within the Cedar Mountain Wilderness Study Area is designated as the Cedar Mountain Special Management Area Special Management Area (B) Excluded land (i) In general The land described in clause (ii) is not included in the Special Management Area. (ii) Land described The land referred to in clause (i) is the land designated by the Bureau as not suitable for wilderness in— (I) the NE 1/4 1/4 (II) the NE 1/4 1/4 (III) the SW 1/4 1/4 (IV) the SW 1/4 1/4 (2) Administration The Special Management Area shall be administered by the Director in a manner that— (A) maintains the recreational, scenic, cultural, ecological, wildlife, and livestock production values of the Special Management Area; and (B) promotes continued use of the Special Management Area for recreational activities, including hunting and wildlife viewing. (3) Travel management plan (A) In general Not later than 2 years after the date of enactment of this Act, the Director shall develop a travel management plan for the Special Management Area. (B) Requirements The travel management plan under subparagraph (A) shall— (i) identify all existing roads and trails in the Special Management Area; (ii) designate each road or trail available for— (I) motorized or mechanized recreation; or (II) agriculture practices; (iii) prohibit the construction of any new road or trail for motorized or mechanized recreation use; and (iv) permit the continued use of nonmotorized trails. (4) Motorized vehicles (A) Use of motorized vehicles for livestock The use of motorized vehicles shall be allowed on any road in the Special Management Area for— (i) the construction, reconstruction, or maintenance of range improvements; or (ii) other livestock-management purposes. (B) Use of motorized vehicles for emergencies The use of motorized vehicles shall be allowed in the Special Management Area— (i) for fire suppression; (ii) for weed and pest management; and (iii) to respond to an emergency. (5) Grazing Grazing of livestock in the Special Management Area shall be administered— (A) as a nondiscretionary use; and (B) in accordance with the laws generally applicable to land under the jurisdiction of the Bureau. (6) Withdrawal (A) In general Except as provided in subparagraph (B), subject to valid rights in existence on the date of enactment of this Act, the land within the boundaries of the Special Management Area is withdrawn from— (i) location, entry, and patent under the mining laws; and (ii) disposition under all laws relating to mineral and geothermal leasing. (B) Exception The Secretary of the Interior may lease oil and gas resources within the boundaries of the Special Management Area if— (i) the lease may only be accessed by directional drilling from a lease that is outside of the Special Management Area; and (ii) the lease prohibits, without exception or waiver, surface occupancy and surface disturbance within the Special Management Area for any activities, including activities related to exploration, development, or production. (7) Release of wilderness study area (A) Release Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) 43 U.S.C. 1782(c) (B) Management of certain released land The Director shall manage any land described in subparagraph (A) that is not included in the Special Management Area in a manner consistent with a resource management plan that is applicable to any land that— (i) is managed by the Bureau; and (ii) is similarly situated to the land described in subparagraph (A) that is not included in the Special Management Area. (c) Release of Honeycombs Wilderness Study Area (1) Release Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (A) has been adequately studied for wilderness designation; (B) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) (C) shall be managed in accordance with this subsection. (2) Management of released land The land described in paragraph (1) shall be administered by the Director in accordance with— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (B) a resource management plan that is applicable to any land adjacent to the land described in paragraph (1). (d) Study of land in Hot Springs and Washakie Counties (1) Definition of Counties In this subsection, the term Counties (A) Hot Springs County. (B) Washakie County. (2) Study (A) In general The Director shall carry out a study to evaluate the potential for the development of new special motorized recreation areas in the Counties. (B) Requirements (i) Land included The study under subparagraph (A) shall evaluate the potential for the development of new special motorized recreation areas on all land managed by the Bureau in the Counties except any land that is subject to a restriction on the use of motorized or mechanized vehicles under any Federal law, including this Act. (ii) Public input; collaboration In carrying out the study under subparagraph (A), the Director shall— (I) offer opportunities for public input; and (II) collaborate with— (aa) Wyoming Parks, Historic Sites, and Trails; and (bb) the Counties. (C) Report Not later than 2 years after the date of enactment of this Act, the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the findings of the study under subparagraph (A). 7. Application of BLM rule The proposed rule of the Bureau entitled Conservation and Landscape Health

Wyoming Public Lands Initiative Act of 2023

Prevent Government Shutdowns Act of 2023 This bill provides continuing appropriations to prevent a government shutdown if any of the appropriations bills for a fiscal year have not been enacted before the fiscal year begins and continuing appropriations are not in effect. The bill also limits official travel, congressional recesses or adjournments, and the consideration of legislation that is unrelated to appropriations after the beginning of a fiscal year if the appropriations process has not been completed.

118 S135 IS: Prevent Government Shutdowns 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. 135 IN THE SENATE OF THE UNITED STATES January 30, 2023 Mr. Lankford Ms. Hassan Mr. Johnson Mr. King Mr. Scott of Florida Mr. Kelly Mr. Daines Ms. Sinema Mr. Cassidy Mr. Braun Mr. Barrasso Committee on Homeland Security and Governmental Affairs A BILL To provide for a period of continuing appropriations in the event of a lapse in appropriations under the normal appropriations process, and establish procedures and consequences in the event of a failure to enact appropriations. 1. Short title This Act may be cited as the Prevent Government Shutdowns Act of 2023 2. Automatic continuing appropriations (a) In General Chapter 13 1311. Automatic continuing appropriations (a) (1) (A) On and after the first day of each fiscal year, if an appropriation Act for such fiscal year with respect to the account for a program, project, or activity has not been enacted and continuing appropriations are not in effect with respect to the program, project, or activity, there are appropriated such sums as may be necessary to continue, at the rate for operations specified in subparagraph (C), the program, project, or activity if funds were provided for the program, project, or activity during the preceding fiscal year. (B) (i) Appropriations and funds made available and authority granted under subparagraph (A) shall be available for a period of 14 days. (ii) If, at the end of the first 14-day period during which appropriations and funds are made available and authority is granted under subparagraph (A), and the end of every 14-day period thereafter, an appropriation Act for such fiscal year with respect to the account for a program, project, or activity has not been enacted and continuing appropriations are not in effect with respect to the program, project, or activity under a provision of law other than subparagraph (A), the appropriations and funds made available and authority granted under subparagraph (A) during the 14-day period shall be extended for an additional 14-day period. (C) (i) Except as provided in clause (ii), the rate for operations specified in this subparagraph with respect to a program, project, or activity is the rate for operations for the preceding fiscal year for the program, project, or activity— (I) provided in the corresponding appropriation Act for such preceding fiscal year; (II) if the corresponding appropriation bill for such preceding fiscal year was not enacted, provided in the law providing continuing appropriations for such preceding fiscal year; or (III) if the corresponding appropriation bill and a law providing continuing appropriations for such preceding fiscal year were not enacted, provided under this section for such preceding fiscal year. (ii) For entitlements and other mandatory payments whose budget authority was provided for the previous fiscal year in appropriations Acts, under a law other than this section providing continuing appropriations for such previous year, or under this section, and for activities under the Food and Nutrition Act of 2008, appropriations and funds made available during a fiscal year under this section shall be at the rate necessary to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act. (2) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available, in accordance with paragraph (1)(B), for the period— (A) beginning on the first day of any lapse in appropriations during such fiscal year; and (B) ending on the date of enactment of an appropriation Act for such fiscal year with respect to the account for such program, project, or activity (whether or not such Act provides appropriations for such program, project, or activity) or a law making continuing appropriations for the program, project, or activity, as applicable. (3) Notwithstanding section 251(a)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(a)(1) 2 U.S.C. 904(a) 2 U.S.C. 904(f)(1) 2 U.S.C. 901(f)(5) (A) for the Congressional Budget Office, 10 days after the date on which appropriation Acts providing funding for the entire Federal Government through the end of such fiscal year have been enacted; and (B) for the Office of Management and Budget, 15 days after the date on which appropriation Acts providing funding for the entire Federal Government through the end of such fiscal year have been enacted. (b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. (c) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever an appropriation Act for such fiscal year with respect to the account for a program, project, or activity or a law making continuing appropriations until the end of such fiscal year for such program, project, or activity is enacted. (d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period. . (b) Clerical Amendment The table of sections for chapter 13 1311. Automatic continuing appropriations. . 3. Timely enactment of appropriation Acts (a) Definitions In this section— (1) the term covered officer or employee (A) an officer or employee of the Office of Management and Budget; (B) a Member of Congress; or (C) an employee of the personal office of a Member of Congress, a committee of either House of Congress, or a joint committee of Congress; (2) the term covered period (A) means any period of automatic continuing appropriations; and (B) with respect to the legislative branch— (i) does not include any period of automatic continuing appropriations that occurs during the period— (I) beginning at the time at which general appropriations Acts providing funding for the entire Federal Government (including an appropriation Act providing continuing funding) have been enacted or passed in identical form by both Houses and transmitted to the Secretary of the Senate or Clerk of the House for enrollment and presentment to the President for his signature; and (II) ending at the time at which 1 or more general appropriations Acts— (aa) are vetoed by the President; or (bb) do not become law without the President's signature under article I, section 7 of the Constitution of the United States based on an adjournment of the Congress; and (ii) includes any period of automatic continuing appropriations that is not a period described in clause (i) and that follows a veto or a failure to become law (as described in item (bb) of clause (i)(II)) of 1 or more general appropriations Acts; (3) the term Member of Congress (4) the term National Capital Region (5) the term period of automatic continuing appropriations (b) Limits on travel expenditures (1) Limits on official travel (A) Limitation Except as provided in subparagraph (B), no amounts may be obligated or expended for official travel by a covered officer or employee during a covered period. (B) Exceptions (i) Return to DC If a covered officer or employee is away from the seat of Government on the date on which a covered period begins, funds may be obligated and expended for official travel for a single return trip to the seat of Government by the covered officer or employee. (ii) Travel in National Capital Region During a covered period, amounts may be obligated and expended for official travel by a covered officer or employee from one location in the National Capital Region to another location in the National Capital Region. (iii) National security events During a covered period, if a national security event that triggers a continuity of operations or continuity of Government protocol occurs, amounts may be obligated and expended for official travel by a covered officer or employee for any official travel relating to responding to the national security event or implementing the continuity of operations or continuity of Government protocol. (2) Restriction on use of campaign funds Section 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 (A) in subsection (a)(2), by striking for ordinary except as provided in subsection (d), for ordinary (B) by adding at the end the following: (d) Restriction on use of campaign funds for official travel during automatic continuing appropriations (1) In general Except as provided in paragraph (2), during a covered period (as defined in section 3 of the Prevent Government Shutdowns Act of 2023 (2) Return to DC If the individual is away from the seat of Government on the date on which a covered period (as so defined) begins, a contribution or donation described in subsection (a) may be obligated and expended for travel by the individual to return to the seat of Government. . (c) Procedures in the Senate and House of Representatives (1) In general During a covered period, in the Senate and the House of Representatives— (A) it shall not be in order to move to proceed to any matter except for— (i) a measure making appropriations for the fiscal year during which the covered period begins; (ii) any motion required to determine the presence of or produce a quorum; or (iii) on and after the 30th calendar day after the first day of a covered period— (I) the nomination of an individual— (aa) to a position at level I of the Executive Schedule under section 5312 of title 5, United States Code; or (bb) to serve as Chief Justice of the United States or an Associate Justice of the Supreme Court of the United States; or (II) a measure extending the period during which a program, project, or activity is authorized to be carried out (without substantive change to the program, project, or activity or any other program, project, or activity) if— (aa) an appropriation Act with respect to the program, project, or activity for the fiscal year during which the covered period occurs has not been enacted; and (bb) the program, project, or activity has expired since the beginning of such fiscal year or will expire during the 30-day period beginning on the date of the motion; (B) it shall not be in order to move to recess or adjourn for a period of more than 23 hours; and (C) at noon each day, or immediately following any constructive convening of the Senate under rule IV, paragraph 2 of the Standing Rules of the Senate, the Presiding Officer shall direct the clerk to determine whether a quorum is present. (2) Waiver (A) Limitation on period It shall not be in order in the Senate or the House of Representatives to move to waive any provision of paragraph (1) for a period that is longer than 7 days. (B) Supermajority vote A provision of paragraph (1) may only be waived or suspended upon an affirmative vote of two-thirds of the Members of the applicable House of Congress, duly chosen and sworn. (d) Motion To proceed to appropriations (1) In general On and after the 30th calendar day after the first day of each fiscal year, if an appropriation Act for such fiscal year with respect to a program, project, or activity has not been enacted, it shall be in order in the Senate, notwithstanding rule XXII or any pending executive measure or matter, to move to proceed to any appropriations bill or joint resolution for the program, project, or activity that has been sponsored and cosponsored by not less than 3 Senators who are members of or caucus with the party in the majority in the Senate and not less than 3 Senators who are members of or caucus with the party in the minority in the Senate. (2) Consideration For a bill or joint resolution described in paragraph (1)— (A) the bill or joint resolution may be considered the same day as it is introduced and shall not have to lie over 1 day; and (B) the motion to proceed to the bill or joint resolution shall be debatable for not to exceed 6 hours, equally divided between the proponents and opponents of the motion, and upon the use or yielding back of time, the Senate shall vote on the motion to proceed. 4. Budgetary effects (a) Classification of budgetary effects The budgetary effects of this Act and the amendments made by this Act shall be estimated as if this Act and the amendments made by this Act are discretionary appropriations Acts for purposes of section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. (b) Baseline For purposes of calculating the baseline under section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 907 (c) Enforcement of discretionary spending limits For purposes of enforcing the discretionary spending limits under section 251(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(a) 2 U.S.C. 901(a)(4) 5. Effective date This Act and the amendments made by this Act shall take effect on September 30, 2023.

Prevent Government Shutdowns Act of 2023

Stop Institutional Child Abuse Act This bill establishes an interagency Federal Work Group on Youth Residential Programs to support and implement best practices regarding the health and safety, care, treatment, and appropriate placement of youth in youth residential programs. The work group must develop recommendations about a national database to aggregate information about processes and outcomes for youth in such programs. The work group also must support the education and training of professional and paraprofessional personnel in fields that service such youth. Further, the Department of Health and Human Services must contract with the National Academies of Sciences, Engineering, and Medicine to study and make recommendations about various aspects of federal and state oversight of youth residential programs.

118 S1351 IS: Stop Institutional Child Abuse Act U.S. Senate 2023-04-27 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. 1351 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Merkley Mr. Cornyn Mr. Luján Mr. Tuberville Mr. Murphy Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To study and prevent child abuse in youth residential programs, and for other purposes. 1. Short title This Act may be cited as the Stop Institutional Child Abuse Act 2. Improving national data collection and reporting for youth in youth residential programs Title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. 42 U.S.C. 290jj et seq. J Improving national data collection and reporting for youth in youth residential programs 596. Federal Work Group on Youth Residential Programs (a) In general The Secretary shall establish the Federal Work Group on Youth Residential Programs (referred to in this section as the Work Group (b) Composition (1) In general The Secretary shall appoint 9 representatives to the Work Group from the Administration for Children and Families, the Administration for Community Living, the Substance Abuse and Mental Health Services Administration, the Department of Education, the Department of Justice, the Indian Health Service, and the Centers for Medicare & Medicaid Services. (2) Other Federal agencies The Work Group may include representatives from other Federal agencies, as the Secretary determines appropriate, appointed by the head of the relevant agency. (c) Consultation In carrying out the duties described in subsection (d), the Work Group shall consult with— (1) child advocates, including attorneys experienced in working with youth overrepresented in the child welfare system or the juvenile justice system; (2) health professionals, including mental health and substance use disorder professionals, nurses, physicians, social workers and other health care providers who provide services to youth who may be served by residential programs; (3) protection and advocacy systems; (4) individuals experienced in working with youth with disabilities, including emotional, mental health, and substance use disorders; (5) individuals with lived experience as children and youth in youth residential programs, including individuals with intellectual or developmental disabilities and individuals with emotional, mental health, or substance use disorders; (6) representatives of State and local child protective services agencies and other relevant public agencies; (7) parents or guardians of children and youth with emotional, mental health, or substance use disorder needs; (8) experts on issues related to child abuse and neglect in youth residential programs; (9) administrators of youth residential programs; (10) education professionals who provide services to youth in youth residential programs; (11) Indian Tribes and Tribal organizations; (12) State legislators; (13) State licensing agencies; and (14) others, as appropriate. (d) Duties The Work Group shall— (1) develop and publish recommendations regarding a national database that aggregates data, including process-oriented data such as length of stay and use of restraints, and seclusion and outcome-oriented data such as discharge setting and ability to be safety maintained in school and community at least 6-months after discharge; (2) beginning not later than 2 years after the date of enactment of the Stop Institutional Child Abuse Act (A) improve the coordination of the dissemination and implementation of best practices regarding the health and safety (including use of seclusion and restraints), care, treatment, and appropriate placement of youth in youth residential programs; (B) promote the coordination of the dissemination and implementation of best practices regarding the care and treatment of youth in youth residential programs among State child welfare agencies, State Medicaid agencies, and State mental and behavioral health agencies; and (C) promote the adoption and implementation of best practices regarding the care and treatment of youth in youth residential programs among child welfare systems, licensing agencies, accreditation organizations, and other relevant monitoring and enforcement entities; (3) develop and utilize risk assessment tools, including projects that provide for the development of research-based strategies for risk assessments relating to the health, safety (including with respect to the use of seclusion and restraints), and well-being of youth in youth residential programs; (4) support the development and implementation of education and training resources for professional and paraprofessional personnel in the fields of health care, law enforcement, judiciary, social work, child protection (including the prevention, identification, and treatment of child abuse and neglect), education, child care, and other relevant fields, and individuals such as court appointed special advocates and guardians ad litem, including education and training resources regarding— (A) the unique needs, experiences, and outcomes of youth overrepresented in youth residential programs; (B) the enhancement of interagency communication among child protective service agencies, protection and advocacy systems, State licensing agencies, State Medicaid agencies, and accreditation agencies; (C) best practices to eliminate the usage of physical, mechanical, and chemical restraint and seclusion, and to promote the use of positive behavioral interventions and supports, culturally and linguistically sensitive services, mental health supports, trauma- and grief-informed care, and crisis de-escalation interventions; and (D) the legal duties of such professional and paraprofessional personnel and youth residential program personnel and the responsibilities of such professionals and personnel to protect the legal rights of children in youth residential programs, consistent with applicable State and Federal law; (5) improve accessibility and development of community-based alternatives to youth residential programs; (6) provide recommendations for innovative programs designed to provide community support and resources to at-risk youth, including programs that— (A) support continuity of education, including removing barriers to access; (B) provide mentorship; (C) support the provision of crisis intervention services and in-home or outpatient mental health and substance use disorder treatment; and (D) provide other resources to families and parents or guardians that assist in preventing the need for out-of-home placement of youth in youth residential programs; (7) perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing least-restrictive, evidence-based, trauma and grief-informed, and developmentally and culturally competent care for youth in youth residential programs and youth at risk of being placed in such programs; and (8) provide recommendations on best practices to convey Work Group recommendations to States. 596A. Definitions In this part: (1) Child abuse or neglect The term child abuse or neglect (2) Culturally competent The term culturally competent (3) Indian Tribe; Tribal organization The terms Indian Tribe Tribal organization (4) Protection and advocacy systems The term protection and advocacy system (5) State The term State (6) Youth The term youth (7) Youth residential program (A) In general The term youth residential program (i) provides a residential environment, such as— (I) a program with a wilderness or outdoor experience, expedition, or intervention; (II) a boot camp experience or other experience designed to simulate characteristics of basic military training or correctional regimes; (III) an education or therapeutic boarding school; (IV) a behavioral modification program; (V) a residential treatment center or facility; (VI) a qualified residential treatment program (as defined in section 472(k)(4) of the Social Security Act); (VII) a psychiatric residential treatment program that meets the requirements of subpart D of part 441 of title 42, Code of Federal Regulations (or any successor regulations); (VIII) a group home serving children and youth placed by any placing authority; (IX) an intermediate care facility for individuals with intellectual disabilities; or (X) any residential program that is utilized as an alternative to incarceration for justice involved youth, adjudicated youth, or youth deemed delinquent; and (ii) serves youth who have a history or diagnosis of— (I) an emotional, behavioral, or mental health disorder; (II) a substance misuse or use disorder, including alcohol misuse or use disorders; or (III) an intellectual, developmental, physical, or sensory disability. (B) Exclusion The term youth residential program (i) a hospital licensed by the State; or (ii) a foster family home that provides 24-hour substitute care for children placed away from their parents or guardians and for whom the State child welfare services agency has placement and care responsibility and that is licensed and regulated by the State as a foster family home. . 3. National Academies of Sciences, Engineering, and Medicine Study (a) In general Not later than 45 days after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into a contract with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies (b) Study components Pursuant to the contract under subsection (a), the National Academies shall, not later than 3 years after the date of enactment of the Stop Institutional Child Abuse Act (1) identification of all Federal and State funding sources for youth residential programs; (2) identification of Federal data collection sources on youth in youth residential programs; (3) identification of existing Federal and State regulation of youth residential programs, including alternative licensing standards or licensing exemptions for youth residential programs; (4) identification of existing standards of care of national accreditation entities that provide accreditation or certification of youth residential programs; (5) identification of existing barriers in Federal and State policy for blending and braiding of Federal and State funding sources to serve youth in community-based settings; (6) recommendations for coordination by Federal and State agencies of data on youth in youth residential programs; and (7) recommendations for the improvement of Federal and State oversight of youth residential programs receiving Federal funding. (c) Definition In this section, the term youth residential program

Stop Institutional Child Abuse Act

504 Modernization and Small Manufacturer Enhancement Act of 2023 This bill modifies the Small Business Administration (SBA) 504 Loan Program, which provides a small business with SBA financing—through a certified development company (CDC) intermediary—for expansion or modernization. Specifically, the bill adds policy goals, at least one of which a CDC must demonstrate to be eligible for assistance. These include (1) enhancing the ability of a small business to reduce costs by using energy efficient products and generating renewable energy, and (2) aiding the revitalization of any area for which a disaster has been declared or determined. The bill also authorizes a CDC to take specified actions to facilitate the closing of a 504 loan, such as correcting borrower or lender information on loan documents or reallocating up to 10% of the cost of a project. For small manufacturers, the bill (1) increases the maximum loan amount from $5.5 million to $6.5 million, (2) reduces the amount that they must contribute to project costs, (3) increases job retention requirements, and (4) revises collateral requirements and debt refinancing considerations. Further, each SBA district office must partner with a resource partner to provide certain training for small manufacturers.

118 S1352 IS: 504 Modernization and Small Manufacturer Enhancement Act of 2023 U.S. Senate 2023-04-27 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. 1352 IN THE SENATE OF THE UNITED STATES April 27, 2023 Ms. Klobuchar Mr. Young Mr. Booker Mr. Rubio Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Investment Act of 1958 to improve the loan guaranty program, enhance the ability of small manufacturers to access affordable capital, and for other purposes. 1. Short title This Act may be cited as the 504 Modernization and Small Manufacturer Enhancement Act of 2023 2. Additions to policy goals for the development company program Section 501(d)(3) of the Small Business Investment Act of 1958 ( 15 U.S.C. 695(d)(3) (1) by redesignating subparagraphs (A) through (L) as subparagraphs (B) through (M), respectively; (2) by inserting before subparagraph (B), as so redesignated, the following: (A) workforce development through work-based or work-integrated training, which shall be satisfied by demonstrating that a small business concern that is a subject of the project has— (i) a documented in-house training program, the duration of which is not shorter than 12 weeks; or (ii) entered into a contract with an entity— (I) to provide trained applicants for any open position of employment at the small business concern; and (II) that ensures that any applicant provided to the small business concern under subclause (I) has undergone not fewer than 12 weeks of training that is relevant to the open position described in that subclause, ; (3) by amending subparagraph (D), as so redesignated, to read as follows: (D) expansion of minority-owned, employee-owned, or women-owned business development, ; (4) in subparagraph (L), as so redesignated, by striking producers, or producers, (5) in subparagraph (M), as so redesignated, by striking the period at the end and inserting a comma; (6) by inserting after subparagraph (M), as so redesignated, the following: (N) enhanced ability for small business concerns to reduce costs by using energy efficient products and generating renewable energy, (O) aid revitalizing of any area for which a disaster has been declared or determined under subparagraph (A), (B), (C), or (E) of section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) (P) expansion of small business concerns with 10 or fewer employees. ; and (7) in the flush text following subparagraph (P), as added by paragraph (6), by striking subparagraphs (J) and (K) subparagraphs (K) and (L) 3. Increase in loan amounts for manufacturing loans Section 502 of the Small Business Investment Act of 1958 ( 15 U.S.C. 696 (1) in the matter preceding paragraph (1), by striking The Administration (a) In general The Administration ; and (2) in subsection (a), as so designated— (A) in paragraph (2)(A)— (i) in the matter preceding clause (i), by striking section subsection (ii) in clause (iii), by striking $5,500,000 $6,500,000 (B) in paragraph (3)(A), by striking this section this subsection 4. Improvements to 504 loan closing procedure Title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. (1) in section 502, as amended by section 3, by adding at the end the following: (b) Closing (1) Authority of certain development companies An accredited lender certified company may take any of the following actions to facilitate the closing of a loan made under subsection (a): (A) Reallocate the cost of the project with respect to which the loan is made in an amount that is not more than 10 percent of the overall cost of the project. (B) Correct any name that is applicable to the loan, including the name of any borrower, guarantor, eligible passive company described in subparagraph (C)(i), and operating company described in subparagraph (C)(ii). (C) Form any of the following to receive proceeds of the loan: (i) An eligible passive company that complies with section 120.111 of title 13, Code of Federal Regulations, or any successor regulation. (ii) If an eligible passive company is formed under clause (i), an operating company with respect to that eligible passive company. (D) Correct the address of any property with respect to which the loan is made. (E) Correct the name of any interim lender or third-party lender. (F) Change any third-party lender or interim lender if that lender is a financial institution that is regulated by the Federal Government or a State government. (G) Make a guarantor a co-borrower or a co-borrower a guarantor. (H) Add a guarantor that does not change ownership with respect to the loan. (I) Reduce the amount of standby debt before the closing as a result of regularly scheduled payments. (J) Reduce the cost of the project with respect to which the loan is made. (2) Fees The Administrator shall— (A) issue a rule regarding the amount of a closing fee that may be financed in a debenture that is issued by a certified development company to make one or more loans to small business concerns, the proceeds of which are used by that concern for the purposes described in subsection (a), except that such amount shall be not less than $3,500; and (B) periodically update the rule issued under subparagraph (A). (3) No adverse change and financial statement Before the closing with respect to a loan made under subsection (a), the borrower and any operating company shall— (A) make the certification required under section 120.892 of title 13, Code of Federal Regulations, or any successor regulation; and (B) submit to the certified development company a financial statement that is not more than 180 days old, which the company shall certify not later than 120 days before the date on which the certified development company issues a debenture with respect to the project to which the loan relates. (c) Accredited lender certified company defined In this section, the term accredited lender certified company ; and (2) by adding at the end the following: 511. Closing and oversight (a) SBA district counsels Beginning on the date of enactment of this section, with respect to the program established under this title, district counsels of the Administration shall be subject to the same requirements, and shall have the same authority and responsibilities, as in effect with respect to that program on the day before the date of enactment of this section, except that— (1) the Office of Credit Risk Management of the Administration shall have the responsibility for all duties relating to conducting file reviews of loans made under this title; and (2) district counsels of the Administration shall not have any responsibility relating to the review of closing packages with respect to a loan made under this title. (b) Designated attorneys For the purposes of this title, the following provisions and requirements shall apply with respect to a designated attorney of a certified development company: (1) A designated attorney that meets the requirements determined under paragraph (2) shall be responsible for certifying documents relating to the closing of a loan described in this title. (2) The Administrator may determine any continuing education requirements that the designated attorney shall be required to satisfy in order to be permitted to close a loan made under this title. (3) If, as of the date of enactment of this section, a certified development company does not have a designated attorney, during the 270-day period beginning on that date of enactment, the certified development company may identify such an attorney, subject to the approval of the Administrator. . 5. Certified development company loans for small manufacturers (a) Contribution requirement Section 502(a)(3)(C) of the Small Business Investment Act of 1958, as designated by section 3, is amended— (1) by redesignating clauses (i), (ii), (iii), and (iv) as subclauses (I), (II), (III), and (IV), respectively, and adjusting the margins of such subclauses accordingly; (2) by inserting before subclause (I), as so redesignated, the following: (i) for a small business concern that is not a small manufacturer (as defined in section 501(e)(7))— ; (3) in subclause (III), as so redesignated, by striking clauses (i) and (ii) subclauses (I) and (II) (4) in subclause (IV) as so redesignated, by striking the period at the end and inserting ; or (5) by adding at the end the following: (ii) for a small manufacturer (as defined in section 501(e)(7))— (I) at least 5 percent of the total cost of the project financed, if the small business concern has been in operation for a period of 2 years or less; (II) at least 5 percent of the total cost of the project financed, if the project involves a limited or single purpose building or structure; (III) at least 10 percent of the total cost of the project financed if the project involves both of the conditions set forth in subclauses (I) and (II); or (IV) at least 5 percent of the total cost of the project financed, in all other circumstances, at the discretion of the development company. . (b) Creation or retention of jobs requirement Section 501(e) of the Small Business Investment Act of 1958 ( 15 U.S.C. 695(e) (1) in paragraph (1), by striking creates or retains creates or retains 1 job for every $75,000 guaranteed by the Administration, except that the amount is $150,000 in the case of a project of a small manufacturer. (2) in paragraph (2), by striking creates or retains creates or retains 1 job for every $75,000 guaranteed by the Administration, except that the amount is $150,000 in the case of a project of a small manufacturer. (3) by redesignating paragraph (6) as paragraph (7); and (4) by inserting after paragraph (5) the following: (6) For a loan for a project directed toward the creation of job opportunities under subsection (d)(1), the Administrator shall publish on the website of the Administration the number of jobs created or retained under the project as of the date that is 2 years after the completion (as determined based on information provided by the development company) of the project. . (c) Collateral requirements Section 502(a)(3)(E)(i) of the Small Business Investment Act of 1958, as designated by section 3, is amended by adding at the end the following: Additional collateral shall not be required in the case of a small manufacturer (as defined in section 501(e)(7)). (d) Debt refinancing Section 502(a)(7)(B) of the Small Business Investment Act of 1958, as designated by section 3, is amended— (1) in the matter preceding clause (i), by inserting (or in the case of a small manufacturer (as defined in section 501(e)(7)), that does not exceed 100 percent of the project cost of the expansion) cost of the expansion (2) in clause (v), by adding and (3) by striking clause (vi); and (4) by redesignating clause (vii) as clause (vi). (e) Amount of guaranteed debenture Section 503(a) of the Small Business Investment Act of 1958 ( 15 U.S.C. 697(a) (5) Any debenture issued by a State or local development company to a small manufacturer (as defined in section 501(e)(7)) with respect to which a guarantee is made under this subsection shall be in an amount equal to not more than 50 percent of the cost of the project with respect to which such debenture is issued, without regard to whether good cause has been shown. . 6. Assistance for small manufacturers Title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. 512. Assistance for small manufacturers (a) In general The Administrator shall ensure that each district office of the Administration partners with not less than 1 resource partner to provide training to small business concerns assigned a North American Industry Classification System code for manufacturing on obtaining assistance under the program carried out under this title, including with respect to the application process under that program and partnering with development companies under this title. (b) Resource partner defined In this section, the term resource partner (1) a small business development center, as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 (2) a women’s business center described in section 29 of such Act ( 15 U.S.C. 656 (3) a chapter of the Service Corps of Retired Executives established under section 8(b)(1)(B) of such Act ( 15 U.S.C. 637(b)(1)(B) (4) a Veteran Business Outreach Center described in section 32 of such Act ( 15 U.S.C. 657b . 7. Leasing rules for new facilities and existing buildings (a) In general Section 502(a) of the Small Business Investment Act of 1958, as designated by section 3, is amended by striking paragraphs (4) and (5) and inserting the following: (4) New facilities (A) In general With respect to a project to construct a new facility, an assisted small business concern may permanently lease not more than 20 percent of the project if such concern— (i) permanently occupies and uses not less than 60 percent of the project; (ii) plans to occupy and use an additional portion of the project that is not permanently leased not later than 3 years after receipt of assistance under this section; and (iii) plans to permanently occupy and use 80 percent of the project not later than 10 years after receipt of such assistance. (B) Small manufacturers With respect to an assisted small business concern that is a small manufacturer (as defined in section 501(e)(7)), subparagraph (A)(i) shall apply with 50 percent 60 percent (5) Existing buildings With respect to a project to acquire, renovate, or reconstruct an existing building, the following shall apply: (A) Occupancy requirements The assisted small business concern may permanently lease not more than 50 percent of the project if the concern permanently occupies and uses not less than 50 percent of the project. (B) Exception The assisted small business concern may permanently lease more than 50 percent of the project if— (i) such concern— (I) has occupied and used the existing building for a consecutive 12-month period before submitting an application for assistance under this section; (II) agrees to permanently use less than 50 percent of the existing building and permanently lease more than 50 percent for a consecutive 12-month period after receiving such assistance; and (III) affirms that the existing building is appropriate for current and reasonably anticipated needs; and (ii) the development company assisting such project— (I) provides written notice to the Administrator on the date on which the development company closes the loan for such project; and (II) once each year during the first 5 years of the loan, and once every 2 years for the remainder of the loan— (aa) conducts an examination of the assisted small business concern to ensure the concern is not a real estate development business; and (bb) files with the Administrator an anti-investor certification signed by the development company and the assisted small business concern. (C) Lease term Any residential lease made under this paragraph shall be for a term of not more than 1 year, and any commercial lease made under this paragraph shall be for a term of not more than 5 years. . (b) Report Not later than 5 years after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to Congress a report analyzing the impact of the amendments made by this section on access to capital for small business concerns (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 15 U.S.C. 636(a)

504 Modernization and Small Manufacturer Enhancement Act of 2023

Adjunct Faculty Loan Fairness Act of 2023 This bill allows certain adjunct faculty to participate in the Public Service Loan Forgiveness (PSLF) program. Specifically, the bill allows adjunct faculty, teachers, or lecturers in nontenured track employment to participate in the PSLF program if they (1) teach at least 9 credit hours per semester, 6 credit hours per trimester, or 18 credit hours per calendar year or at least 30 hours per week at an institution of higher education, a postsecondary vocational institution, or a tribal college or university; and (2) do not have another full-time job.

118 S1353 IS: Adjunct Faculty Loan Fairness Act of 2023 U.S. Senate 2023-04-27 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. 1353 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Durbin Ms. Hirono Mr. Wyden Mr. Whitehouse Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To amend section 455(m) of the Higher Education Act of 1965 in order to allow adjunct faculty members to qualify for public service loan forgiveness. 1. Short title This Act may be cited as the Adjunct Faculty Loan Fairness Act of 2023 2. Loan forgiveness for adjunct faculty Section 455(m)(3)(B)(ii) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m)(3)(B)(ii) (1) by striking teaching as teaching— (I) as ; (2) by striking , foreign language faculty, and part-time faculty at community colleges), as determined by the Secretary. and foreign language faculty), as determined by the Secretary; or (3) by adding at the end the following: (II) at an institution of higher education (as defined in section 101(a)), a postsecondary vocational institution (as defined in section 102(c)), or a Tribal College or University (as defined in section 316(b)), in non-tenured track employment as an adjunct or contingent faculty, teacher, or lecturer who— (aa) teaches— (AA) not less than 9 credit hours per semester, 6 credit hours per trimester, or 18 credit hours per calendar year; or (BB) not less than a total of 30 hours per week, as determined by multiplying each credit or contact hour taught per week by 3.35 (or a larger number, if determined appropriate by the Secretary); and (bb) is not employed on a full-time basis by any other employer. .

Adjunct Faculty Loan Fairness Act of 2023

Responsible Digital Asset Advertising Act of 2023 This bill sets forth requirements for the advertising of digital assets. Advertisements must not make any false or misleading claims or omit any material fact or qualification. Advertisements must also disclose applicable fees and whether someone was paid for a testimonial. The Securities and Exchange Commission and the Commodity Futures Trading Commission must enforce this bill and may collect fees to offset the cost of supervising these advertisements.

96 S1357 IS: Responsible Digital Asset Advertising Act of 2023 U.S. Senate 2023-04-27 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. 1357 IN THE SENATE OF THE UNITED STATES April 27, 2023 Ms. Sinema Ms. Lummis Committee on Banking, Housing, and Urban Affairs A BILL To address advertising by digital asset intermediaries, and for other purposes. 1. Short title This Act may be cited as the Responsible Digital Asset Advertising Act of 2023 2. Definitions In this Act: (1) Commissions The term Commissions (2) Covered advertisement The term covered advertisement (A) means a communication that— (i) relates to— (I) the desirability of purchasing or entering into a transaction for a digital asset; or (II) the availability of digital asset-related services; and (ii) is widely available to the general public, as specified by rule of the Commissions; and (B) includes any script, slide, handout, or other written (including electronic) material used in connection with a public appearance with respect to a digital asset or the availability of digital asset-related services. (3) Digital asset The term digital asset (A) confers economic, proprietary, or access rights or authorities; and (B) is recorded using cryptographically-secured distributed ledger technology, or any similar analogue. (4) Digital asset intermediary The term digital asset intermediary (A) holds a license, registration, or other similar authorization pursuant to the Commodity Exchange Act ( 7 U.S.C. 1 et seq. 15 U.S.C. 77a et seq. 15 U.S.C. 77bb et seq. 15 U.S.C. 77aaa et seq. 15 U.S.C. 78a et seq. 15 U.S.C. 78aaa et seq. 15 U.S.C. 80a–1 et seq. 15 U.S.C. 80b–1 et seq. Public Law 96–2 (B) engages in market activities relating to digital assets. 3. Advertising by digital asset intermediaries (a) Approval by officer Before a digital asset intermediary may make a covered advertisement available to the public, an officer of the digital asset intermediary shall be required to approve that covered advertisement and certify compliance with the requirements of this section. (b) Procedures (1) In general Each digital asset intermediary shall establish written procedures, which are appropriate and reasonable to the business, size, structure, and customers of the digital asset intermediary, for the review of covered advertisements, as required under subsection (a), which shall include— (A) provisions for the education and training of applicable employees of the digital asset intermediary regarding the procedures of the digital asset intermediary governing covered advertisements; (B) documentation of the education and training required under subparagraph (A); and (C) surveillance and follow-up measures to ensure that the digital asset intermediary implements and adheres to those procedures. (2) Recordkeeping (A) Period of maintenance Each digital asset intermediary shall maintain the records required under this subsection for not less than 5 years. (B) Types of records The types of records that a digital asset intermediary is required to maintain under subparagraph (A) include, with respect to each covered advertisement made by the digital asset intermediary— (i) a copy of the covered advertisement; (ii) the dates of the first and, if applicable, last use of the covered advertisement; (iii) the name of the officer of the digital asset intermediary who approved the covered advertisement, as required under subsection (a), including the date on which the officer gave that approval; (iv) information concerning the source of all data, statistical tables, charts, graphs, or other illustrations or outside sources used in the covered advertisement; and (v) for a covered advertisement that includes or incorporates a performance ranking or comparison with another digital asset intermediary, a copy of the ranking or performance used. (c) Requirements for covered advertisements Each covered advertisement shall adhere to the following standards: (1) The covered advertisement shall— (A) be based on principles of fair dealing and good faith; and (B) provide a sound basis for evaluating the facts with respect to any particular digital asset or type of digital asset, industry, or service that is the subject of the covered advertisement. (2) The covered advertisement may not omit any material fact or qualification if that omission, in light of the context of the material presented, would cause the covered advertisement to be misleading. (3) The covered advertisement may not make any false, exaggerated, unwarranted, promissory, or misleading statement or claim. (4) Information may be placed in a legend or footnote within the covered advertisement only if that placement would not inhibit understanding of the covered advertisement. (5) The covered advertisement shall be consistent with risks that are present with respect to the subject matter of the covered advertisement, including volatility with respect to the value of digital assets, the amount of potential returns, and operational risks for digital asset intermediaries. (6) The covered advertisement shall— (A) consider the nature of the audience to which the covered advertisement will be directed; and (B) provide details and explanations that are appropriate for the audience described in subparagraph (A). (7) (A) The covered advertisement may not predict or project performance, imply that past performance will recur, or make any exaggerated or unwarranted claim, opinion, or forecast. (B) Nothing in subparagraph (A) may be construed to prohibit the use of— (i) a hypothetical illustration of mathematical principles, if that illustration does not predict or project the performance of a particular strategy; (ii) an analysis tool, or a written report produced by an analysis tool; or (iii) a price target contained in a research report, if the target has a reasonable basis, the report discloses the valuation methods used to determine the price target, and the price target is accompanied by a disclosure concerning the risks that may impede achievement of the price target. (8) Any comparison in the covered advertisement between digital assets, digital asset intermediaries, or digital asset-related services shall disclose key material differences between the applicable items, including, as applicable, differences with respect to return objectives, costs and expenses, liquidity, safety, guarantees or insurance, volatility, and tax features. (9) The covered advertisement shall prominently disclose the following: (A) The fact that the covered advertisement is governed by this section and is subject to Federal law. (B) The name of the applicable digital asset intermediary. (C) The name of the officer who made the certification with respect to the covered advertisement, as required under subsection (a). (D) Any relationship between the applicable digital asset intermediary and any person that appears in the covered advertisement or any compensation offered by that digital asset intermediary to such a person. (E) Registrations, licenses, or other authorizations in good standing that are held by the applicable digital asset intermediary. (10) (A) In the covered advertisement, any reference to tax-free or tax-exempt income shall indicate which taxes apply, or which do not, unless income is free from all applicable taxes. (B) For the purposes of subparagraph (A), the covered advertisement may not characterize income or returns as tax-free or exempt from income tax if tax liability is merely postponed or deferred, such as when taxes are payable upon redemption. (C) The Commissions may, by rule, adopt further standards regarding tax considerations that appear in covered advertisements. (11) The covered advertisement shall disclose the amounts of the following fees with respect to the digital asset or digital asset-related services that are the subject of the covered advertisement, which shall be set forth prominently and, in any print advertisement, in a prominent text box that contains only such information: (A) Custody fees. (B) Account fees. (C) Applicable bank fees. (12) If any testimonial in the covered advertisement concerns a technical aspect of purchasing or otherwise entering into a transaction for digital assets— (A) the person making the testimonial shall have the knowledge and experience to form a valid opinion regarding the issue; and (B) the testimonial, if the testimonial concerns the advisability of purchasing digital assets or the performance of a digital asset, shall prominently disclose— (i) the fact that the testimonial may not be representative of the experience of other customers; (ii) the fact that the testimonial is no guarantee of future performance or success; and (iii) if more than $1,000 in value is paid for the testimonial— (I) the fact that the testimonial is a paid testimonial; and (II) the amount and type of compensation paid, which shall include, if compensation was paid in digital assets, an identification of each specific digital asset. (13) If the covered advertisement includes a recommendation to purchase, or otherwise transact in, a digital asset, the covered advertisement shall— (A) have a reasonable basis for the recommendation; and (B) if applicable, disclose— (i) that, at the time the covered advertisement was published or distributed, the applicable digital asset intermediary was conducting trading activities in the digital asset; (ii) that the applicable digital asset intermediary— (I) is directly and materially involved in the preparation of the content of the covered advertisement; and (II) has a financial interest the digital assets being recommended; and (iii) the nature of any financial interest disclosed under clause (ii), including whether that financial interest consists of any option, right, warrant, future, or long or short position, unless the extent of that financial interest is nominal. (14) (A) Except as otherwise provided by subparagraph (B), the covered advertisement may not refer, directly or indirectly, to past specific recommendations made by the applicable digital asset intermediary that were or would have been profitable to any person. (B) The covered advertisement may set out or offer to furnish a list of all recommendations as to the same type of digital assets made by the applicable digital asset intermediary during the 1-year period preceding the date on which the covered advertisement is released, if the communication or list— (i) states the name of each digital asset recommended, the date and nature of each such recommendation (such as whether to buy, sell, or hold the digital asset), the market price (as of the date of the recommendation), the price at which a person was meant to act upon the recommendation, and the market price of each such digital asset, as of the most recent practicable date; and (ii) contains the following warning, which shall appear prominently within the communication or list: it should not be assumed that recommendations made in the future will be profitable or will equal the performance of the digital assets in this list. (d) Sources supporting a recommendation (1) In general A digital asset intermediary shall provide, or offer to provide upon request, available information or sources supporting any recommendation described in subsection (c)(13). (2) Price disclosure When a digital asset intermediary recommends a digital asset in a covered advertisement, as described in subsection (c)(13), the digital asset intermediary shall provide the price of the digital asset, as of the date on which the recommendation is made. (e) Information provided in public appearances (1) In general When an officer or employee of a digital asset intermediary is sponsoring or participating in a seminar, forum, or radio or television interview, or when such an individual is otherwise engaged in a public appearance or speaking activity, paragraphs (1), (2), and (3) of subsection (c) shall apply to that appearance to the same extent as those provisions apply to a covered advertisement. (2) Recommendations If an officer or employee of a digital asset intermediary recommends a digital asset in a public appearance, that individual shall— (A) have a reasonable basis for the recommendation; and (B) disclose, as applicable— (i) whether the individual has a financial interest in the digital asset recommended; (ii) the nature of the financial interest disclosed under clause (i), including whether that financial interest consists of any option, right, warrant, future, or long or short position, unless the extent of that financial interest is nominal; and (iii) any other actual, material conflict of interest of which the individual knows or has reason to know at the time of the public appearance. (f) Procedures for public appearances Each digital asset intermediary shall establish written procedures that are appropriate and reasonable to the business, size, structure, and customers of the digital asset intermediary in order to supervise the public appearances of the officers and employees of the digital asset intermediary, which shall include— (1) provisions for the education and training of employees of the digital asset intermediary regarding those procedures; (2) documentation of the education and training required under paragraph (1); and (3) surveillance and follow-up measures to ensure that the digital asset intermediary implements and adheres to those procedures. (g) Enforcement by Commissions (1) In general The Securities and Exchange Commission, the Commodity Futures Trading Commission, or any applicable self-regulatory organization operating under delegated authority by the appropriate commission, as applicable to a digital asset intermediary, shall regularly ascertain the compliance with this section by the digital asset intermediary (and applicable individuals) at the time of each regular examination of the intermediary by the applicable entity. (2) Investigations The appropriate commission or self-regulatory organization, as applicable, may conduct an investigation into a suspected violation of this section and take enforcement action outside of a regular examination of a digital asset intermediary, which shall be comprised of the following: (A) With respect to such a violation by that digital asset intermediary, the following: (i) For an initial violation of this section, the imposition of a civil monetary penalty in an amount that is not more than $100,000. (ii) For any subsequent violation of this section, the imposition of a civil monetary penalty in an amount that is not more than $1,000,000. (iii) The enjoinment of future violations of this section by the digital asset intermediary and the requirement that the digital asset intermediary submit to the enforcing entity appropriate remediation plans. (B) For repeated, knowing violations of this section by an individual, the imposition of a temporary or permanent bar from the digital asset industry with respect to that individual. (h) Applicability to disclosures A document filed with the Securities and Exchange Commission, as otherwise required by law or regulation, is not subject to the requirements of this section. (i) Rules The Commissions, after not less than a 120-day comment period, shall adopt rules to implement this section. (j) Authorization of appropriations For the purposes of appointing employees to enforce the requirements of this section, and for other costs relating to the enforcement of this section, there is authorized to be appropriated, for fiscal year 2023, to remain available until September 30, 2024— (1) $25,000,000 to the Securities and Exchange Commission; and (2) $25,000,000 to the Commodity Futures Trading Commission. 4. Offsetting the costs of digital asset advertising supervision (a) Recovery of certain costs of annual appropriations (1) In general Beginning October 1, 2024, the Securities and Exchange Commission and the Commodity Futures Trading Commission may, jointly, by rule, collect fees— (A) to fund expenses relating to the supervision of advertising by digital asset intermediaries; and (B) that are designed to recover the costs to the Federal Government of the annual appropriation to each commission by Congress for the cost of the supervision of advertising by digital asset intermediaries. (2) Registered entities A fee shall be imposed under paragraph (1) only— (A) on an entity that— (i) is licensed, registered, or similarly authorized pursuant to a provision of law described in section 2(4)(A); and (ii) is engaged in activities relating to digital assets, including a digital asset intermediary that is registered with either commission as otherwise may be provided by Federal law; and (B) in relation to the regulation of those activities under a provision of law described in section 2(4)(A). (3) Fee rates A fee imposed under paragraph (1) shall— (A) be strictly related to the cost to the Commissions relating to the supervision of advertising by digital asset intermediaries; (B) minimize negative impacts on market liquidity; and (C) maintain the efficiency, competitiveness, and financial integrity of digital asset markets. (4) Collection of fees The Commissions shall collect fees under this subsection in such manner and within such time as may be specified by the Commissions, by rule. (b) Fee rate orders (1) In general Each fiscal year, the Commissions shall jointly adopt an order setting rates for fees that are collected under subsection (a) during that fiscal year. (2) Publication The Commissions shall publish in the Federal Register each order adopted under paragraph (1), which shall include— (A) projections on which the fees are based; and (B) an explanation of the method used for calculating applicable fee rates. (c) Deposit of fees (1) Offsetting collections Fees collected under subsection (a) for any fiscal year shall— (A) be split evenly between the Commissions; (B) be deposited and credited as offsetting collections to the accounts providing appropriations to each respective commission; and (C) not be collected or available for obligation for any fiscal year except to the extent provided in advance in appropriation Acts. (2) General revenues prohibited No fee collected under subsection (a) may be deposited and credited as general revenue of the Treasury. (d) Lapse of appropriations If a regular appropriation to a commission has not been enacted on the first day of a fiscal year, the commission shall continue to collect fees under this section at the rates in effect on September 30 of the preceding fiscal year until the regular appropriation for the fiscal year has been enacted and the commission has published fees based on the appropriation under subsection (b)(2). (e) Limitations (1) Leveraged, margined, or financed transactions Nothing in this section may be construed to authorize the imposition of fees on a registered entity relating to leveraged, margined, or financed transactions under this Act, including those activities relating to digital assets. (2) Other appropriations Notwithstanding any other provision of law, a commission may use appropriations otherwise made available by law to fund expenses relating to the supervision of digital asset advertising under section 2. (f) Ceiling on fees Unless otherwise provided by law, the total amount of fees collected under this section shall not exceed $50,000,000.

Responsible Digital Asset Advertising Act of 2023

ISA Student Protection Act of 2023 This bill sets forth consumer protections and other requirements for educational income share agreements (ISAs). In an educational ISA, a provider credits or advances funding for a recipient's postsecondary education or other training; in turn, the recipient agrees to pay the provider a percentage of the recipient's future earnings over a set period of time. (The Department of Education currently considers educational ISAs as private education loans for the purposes of preferred lender arrangement disclosures.) Under the bill, the recipient is only obligated to pay back the provider if the recipient earns over a certain amount. The recipient's obligation to pay ends at the specified time even if the recipient does not pay back the full amount of the funding. Further, payments are limited to 20% of the recipient's income. Recipients earning under a certain threshold are exempt from payments. If a recipient files for bankruptcy, ISAs are not subject to the same undue hardship standard typical of student loan discharges, therefore making these agreements easier to discharge. The bill also applies current consumer loan protections to these agreements. A provider must make certain disclosures to the recipient before entering into an ISA, including how payments are calculated, the length of the agreement, and how these agreements compare to student loan options. The bill establishes the tax treatment of ISAs, including by exempting from taxable income the amounts received under an ISA.

118 S136 IS: ISA Student 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. 136 IN THE SENATE OF THE UNITED STATES January 30, 2023 Mr. Young Mr. Warner Mr. Rubio Mr. Coons Committee on Finance A BILL To provide a consumer protection framework necessary to support the growth of accessible, affordable, and accountable financing options for postsecondary education, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the ISA Student Protection Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Effective date. TITLE I—New consumer protections specific to income share agreements Sec. 101. Prohibition on acceleration; treatment of early completion mechanisms. Sec. 102. Consumer protections for educational income share agreements. Sec. 103. Discharge protections for ISA recipients. Sec. 104. Limitation on amounts treated as income under educational ISAs. TITLE II—Tax treatment of income share agreements Sec. 201. Tax treatment. TITLE III—Disclosures applicable to income share agreements Sec. 301. Disclosures. Sec. 302. Required disclosures for income share agreements. Sec. 303. Additional requirements for educational ISAs. Sec. 304. Advertising of income share agreements. TITLE IV—Other clarifications to support ISA programs Sec. 401. Treatment under securities laws. Sec. 402. Treatment under bankruptcy laws. Sec. 403. Consent to continuing release of taxpayer information under educational ISAs and income share agreements. Sec. 404. Interplay with the Higher Education Act of 1965. TITLE V—Applying existing consumer protections to income share agreements Sec. 501. Equal access to income share agreements. Sec. 502. Prohibition on requiring preauthorized electronic fund transfers under the Electronic Fund Transfer Act. Sec. 503. Treatment under the Fair Credit Reporting Act. Sec. 504. Treatment under the Fair Debt Collection Practices Act. Sec. 505. Treatment of educational income share agreements for purposes of Military Lending Act. Sec. 506. Treatment under the Servicemembers Civil Relief Act. Sec. 507. Preservation of consumers’ claims and defenses. TITLE VI—Relation to other laws Sec. 601. Treatment under other laws. Sec. 602. Relation to State law. TITLE VII—Enforcement and reporting Sec. 701. Enforcement. Sec. 702. Reporting requirement for the Bureau of Consumer Financial Protection. 2. Definitions In this Act: (1) Adverse action The term adverse action (A) means a denial or revocation of rights under an income share agreement, a change in the terms of an existing income share agreement, or a refusal to grant an income share agreement in substantially the amount or on substantially the terms requested; and (B) does not include a refusal to extend additional disbursements or amounts financed under an income share agreement under an existing income share agreement arrangement if— (i) the applicant is delinquent or otherwise in default; or (ii) such additional amounts would exceed a previously established limit on the amount financed. (2) Amount financed The term amount financed (3) Annual percentage rate The term annual percentage rate (4) Applicant The term applicant (5) Bureau The term Bureau (6) Comparable loan The term comparable loan (A) has an amount financed, as described in section 1026.18(b) of title 12, Code of Federal Regulations, that is equal to the total amount financed, as defined in paragraph (2), for the income share agreement; (B) has— (i) the same disbursements or financing dates, payment start date, and frequency of payments as the income share agreement; and (ii) an expected number of payments equal to the ISA maximum number of payments; and (C) is fully amortized over the ISA duration, with substantially equal periodic payments of principal and interest. (7) Consumer The term consumer (8) Consumer protection regulation The term consumer protection regulation 12 U.S.C. 5481 (9) Covered educational institution The term covered educational institution (A) means— (i) an educational institution that would be an institution of higher education, if such determination was made without regard to the institution's accreditation status; and (ii) an institution-affiliated organization, as defined in section 151 of the Higher Education Act of 1965 ( 20 U.S.C. 1019 (B) includes an agent, officer, or employee of the institution of higher education or institution-affiliated organization. (10) Date of the ISA The term date of the ISA (A) the date on which the income share agreement is signed by the ISA recipient and the ISA provider; or (B) the date on which the income share agreement is accepted by the ISA recipient and the ISA provider. (11) Director The term Director (12) Disbursement The term disbursement (13) Educational ISA; educational income share agreement The term educational ISA educational income share agreement (A) means an income share agreement that— (i) is not made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (ii) pays amounts to, or on behalf of, the ISA recipient for— (I) costs associated with a postsecondary training program, or any other program designed to increase the individual’s human capital, employability, or earning potential (and not limited to programs eligible to participate under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (II) any personal expenses (such as books, supplies, transportation, and living costs) incurred by the individual while enrolled in a program described in subclause (I); (III) any other costs or expenses included in the definition of a qualified higher education expense section 529(e)(3)(A) (IV) the refinancing of loans or income share agreements used for the purposes described in subclauses (I) through (III), and without regard as to whether the income share agreement is provided by the educational institution that the ISA recipient attends; and (B) does not include a loan, open-end credit, or any loan or income share agreement that is secured by real property or a dwelling. (14) Education loan The term education loan (A) a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (B) a private education loan, as such term is defined in section 140(a) of the Truth in Lending Act ( 15 U.S.C. 1650(a) (15) Income The term income (16) Income share agreement (A) In general The term income share agreement (i) (I) the ISA provider credits or advances financing to the ISA recipient or to a third party on behalf of the ISA recipient; or (II) if the ISA provider is a merchant financing the sale of goods or services to the ISA recipient via the financial product, the ISA provider credits the amount financed toward the purchase of such goods or services; (ii) the ISA recipient is obligated to make periodic ISA payments (if any become due) to the ISA provider in the future calculated based upon and determined by the ISA recipient’s future income; (iii) the ISA recipient’s obligation to make payments (if any become due) to the ISA provider is conditional on the ISA recipient’s income exceeding the income threshold set in the income share agreement; (iv) there is an ISA duration after which the obligation is complete regardless of how much has been paid (as long as the ISA recipient has paid any prior amounts due); (v) the ISA provider and the ISA recipient enter into an agreement that, as of the date of the ISA, includes each element described in clauses (i) through (iv); and (vi) the agreement states that it is an income share agreement and subject to this Act. (B) Special rule If a provider offers a financial product that meets the requirements of clauses (i) through (v) but does not include the statement described in clause (vi), then the financial product is not an income share agreement and shall be considered credit. (17) Income threshold The term income threshold (18) Institution of higher education The term institution of higher education 20 U.S.C. 1002 (19) ISA duration The term ISA duration (20) ISA financing The term ISA financing (21) ISA maximum number of payments The term ISA maximum number of payments (22) ISA payment The term ISA payment (A) means the amount of an ISA recipient’s periodic payment obligation, based on the terms of the income share agreement, during any payment period for which the ISA recipient's income is greater than the income threshold; and (B) is calculated using the ISA payment calculation method, based on the ISA recipient’s income for the specified period. (23) ISA payment calculation method The term ISA payment calculation method (24) ISA payment window The ISA payment window (25) ISA percentage The term ISA percentage (26) ISA provider The term ISA provider (27) ISA recipient The term ISA recipient (28) Loan The term loan (A) is credit, as defined in section 1026.2(a) of title 12, Code of Federal Regulations; (B) is not an income share agreement; and (C) involves the advance of a sum of money to a borrower under an obligation to repay the principal with a corresponding right to defer payment of the principal balance with or without interest. (29) Loan comparison The term loan comparison (30) Payment relief pause The term payment relief pause (A) is requested by the ISA recipient during which any payment obligation the ISA recipient would have is suspended; and (B) does not count toward an ISA recipient’s ISA payment window or ISA maximum number of payments. (31) Person The term person (32) Poverty line The term poverty line 42 U.S.C. 9902 (33) Secretary The term Secretary (34) State The term State (35) State law The term State law (A) any law, decision, rule, regulation, or other action having the effect of a law of any State or any political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State; and (B) any law of the United States applicable only to the District of Columbia. 3. Effective date This Act, and the amendments made by this Act, shall take effect on the date that is 180 days after the date of enactment of this Act. I New consumer protections specific to income share agreements 101. Prohibition on acceleration; treatment of early completion mechanisms (a) No acceleration (1) In general An ISA provider shall not include any mechanism in an income share agreement that accelerates an amount against an ISA recipient in the event of a default under the income share agreement. (2) Effect of acceleration clause Any agreement with an acceleration mechanism described in paragraph (1) shall, for purposes of all Federal law, be treated as credit under Federal law and shall not be treated as an income share agreement. (b) No impact on early completion mechanisms Notwithstanding subsection (a)— (1) an income share agreement may contain an early completion provision that allows the ISA recipient to terminate the income share agreement prior to any trigger terminating further obligations under the income share agreement (such as a total cap on payments due to the ISA provider or other rights to partially or fully terminate further obligations under the income share agreement) if the early completion provision is optional to the ISA recipient and within the ISA recipient’s control; and (2) such early completion mechanism shall not be treated as a form of acceleration prohibited under subsection (a), an early completion penalty, or a prepayment penalty. 102. Consumer protections for educational income share agreements (a) Monthly payment affordability for educational ISAs (1) Maximum ISA income obligation for educational ISAs An ISA provider shall not enter into an educational ISA with an ISA recipient if the ISA recipient would be committing more than a total of 20 percent of the student's future income toward the payment of such educational ISA and all other educational ISAs of the ISA recipient. (2) Self-certification In calculating the portion of a student's future income for purposes of this subsection, the ISA provider may rely on a self-certification from the ISA recipient regarding the ISA recipient’s outstanding educational ISAs, as of the date of the agreement. (3) Calculation methodology and requirements (A) In general For the purposes of calculating the portion of an ISA recipient's future income that would be consumed by the educational ISA for which the ISA recipient has applied and all other educational ISAs of the ISA recipient as of the date of the agreement, the ISA provider shall calculate the aggregate future burden— (i) in any case where the income threshold of the educational ISA is less than the maximum described in subparagraph (B), at hypothetical future income levels from such income threshold to such maximum, in increments of $10,000; and (ii) in any case where the income threshold of the educational ISA is equal to or greater than such maximum, at such income threshold. (B) Maximum The maximum described in this subparagraph shall be the greater of— (i) (I) for fiscal year 2023, $70,000; or (ii) for fiscal year 2024 and each subsequent fiscal year, the maximum for the preceding fiscal year— (I) increased by the percentage increase in the consumer price index; and (II) rounded to the nearest $1,000; and (iii) in the case of an ISA recipient who has (as of the date of the agreement), or has applied for, an educational ISA that uses a schedule of income percentages or a schedule of fixed amounts as the ISA payment calculation method, the highest income level referenced by a schedule for any such educational ISA. (C) Calculation (i) In general The terms of an educational ISA for which the ISA recipient has applied cannot cause the student’s aggregate future burden (defined as the total amounts expected to be due under all educational ISAs of the ISA recipient as of the date of the agreement, and all educational ISAs for which the ISA recipient is applying) to exceed the limit in paragraph (1) at any of the income increments described in subparagraph (A). (ii) Calculation method For the purpose of calculating the percentage burden of an educational ISA at a given future income level, the ISA provider shall, as applicable, use— (I) the income percentage that would be applicable for the educational ISA at such income level; or (II) the fixed amount applicable for the educational ISA at such income level, divided by such income level. (4) Protections during periods of low earnings (A) In general The educational ISA shall provide that when an ISA recipient has an income that is equal to or below the income threshold of the educational ISA, the ISA payment obligation is zero dollars. (B) Threshold amount The income threshold for an educational ISA shall be an amount such that the difference between the ISA recipient’s income for the payment period, minus the subtraction of any ISA obligation, is not less than 200 percent of the poverty line for a single person (as defined in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 (5) Required payment relief pauses An educational ISA shall offer not less than 3 months of voluntary payment relief pauses (as long as the ISA recipient’s current income at the time of requesting the payment relief pause is equal to or less than 400 percent of the poverty line) for a single individual) for every 30 income-determined payments required under the educational ISA. (b) Ensuring appropriate risk sharing for educational ISAs The payments required under an educational ISA for an individual with income during the payment term that is less than or equal to 300 percent of the poverty line for a single individual, prorated for the payment period, shall not exceed the payments on a comparable loan that bears interest at a rate less than or equal to one-half of the annual percentage rate of interest limitation under section 987(b) of title 10, United States Code. (c) Limits on duration of educational ISA obligation (1) ISA maximum number of payments The ISA maximum number of payments shall not exceed 240 monthly payments. (2) ISA duration The ISA duration of an educational ISA shall not exceed 360 months (except in the case of an extension requested by the ISA recipient). (d) Non-Interference An educational ISA shall not be construed to give the contract holder any rights over an individual’s actions other than as provided in this Act. 103. Discharge protections for ISA recipients (a) Permanent and total disability In any case where an ISA recipient would be deemed totally and permanently disabled for purposes of benefits administered by the Department of Veterans Affairs or the Social Security Administration (determined without regard to whether the recipient receives such benefits), all further obligations of the ISA recipient under the income share agreement shall terminate, except those accruing before the date such a determination would apply. (b) Death Upon the death of an ISA recipient, all further obligations of the ISA recipient under the income share agreement shall terminate, except those obligations accruing before the ISA recipient’s date of death. 104. Limitation on amounts treated as income under educational ISAs (a) In general For purposes of calculating the obligation of an ISA recipient to make ISA payments under an educational ISA, the income of the ISA recipient shall not include— (1) the income of any child or dependent of the ISA recipient; (2) any item of income which is not included in the gross income of the ISA recipient; (3) any amount received from an individual retirement plan (as defined in section 7701 (4) any social security benefit (as defined in section 86 of such Code). (b) Estimating income (1) In general In the event that an ISA recipient fails to provide income documentation as reasonably required by the income share agreement, an ISA provider may assign an amount of income to the participant and compute the monthly payment amount for the participant by any of the following methods, to the extent disclosed in the income share agreement: (A) Assigning an income amount obtained from a reasonably reliable third party or a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(f) (B) If the participant previously provided income documentation or has had an income assigned in the preceding 1-year period, assuming that such income has increased by up to 10 percent, but such increase may not be applied more than once per 1-year period. (C) Contacting the employer of the participant, or any person or entity reasonably believed to be the employer of the participant, to obtain, verify, or update the income information of the participant. (D) Contacting the State revenue department or the Internal Revenue Service to obtain the most recent information available about the income of the participant. (E) For educational ISA providers, in any case where the ISA provider has no prior history of income information from the participant, assigning a reasonable qualified income based on— (i) the median income for individuals working in the profession for which the educational program of the participant was intended to prepare the participant, as determined by information published by the Bureau of Labor Statistics or other reasonably reliable publicly available data sources; or (ii) the median income of participants who attended the same or a reasonably comparable covered educational program or course of study, as determined by information published by the Bureau of Labor Statistics or other reasonably reliable publicly available data sources. (2) Notification If an ISA provider assigns an income to the income share agreement of a participant, the ISA provider— (A) shall notify the participant in the monthly billing statement, and in each billing statement thereafter while the assigned income remains applicable to the income share agreement of the participant, that income has been assigned and of the rights of the participant under this section; (B) in any tax year for which the ISA provider has made an assumption about an individual’s income using any of the methods described in paragraph (1) and if the participant has authorized ongoing access to the participant’s return information under section 403, shall request such information in each year of the payment term; (C) if the participant does provide income information as reasonably required by the income share agreement within 1 year of the date on which the ISA provider notified the participant that assigned income shall be applied to the income share agreement or if the ISA provider receives updated income information through return information authorized under section 403, then, within 15 days after the date on which the ISA provider receives such information, shall— (i) update each prior instance in which assigned income was applied using such new income information; and (ii) reconcile any difference in amounts owed by the participant based on those updates to prior income; and (D) if the participant provides income information more than 1 year after the ISA provider first assigned income to the income share agreement of the participant, may, but shall not be obligated to, update each prior instance in which assigned income was applied using the income information provided by the participant. (3) Records retention An ISA provider that assigns income to an income share agreement shall retain all applicable records relating to the method and data sources used to make such estimation for 3 years after the end of that income share agreement. II Tax treatment of income share agreements 201. Tax treatment (a) In general Subchapter B of chapter 1 XII Rules relating to qualified educational income sharing agreements Sec. 293. Rules related to qualified educational ISAs. 293. Rules related to qualified educational ISAs (a) In general For purposes of this title, an educational ISA shall not be treated as indebtedness. (b) Treatment of ISA recipient (1) Income exclusion In the case of an individual— (A) In general Gross income shall not include so much of the amount received under an educational ISA as does not exceed amounts paid or credited to such individual under such qualified educational ISA for costs and expenses described in section 2(13)(A)(ii)(II) of the ISA Student Protection Act of 2023 (B) Difference in payments In any case in which the amount provided to the individual under the educational ISA exceeds the total payments made by the individual under the educational ISA, gross income shall not include the amount of such excess. (2) Certain amounts treated as interest on qualified education loans (A) In general For purposes of section 221, the amount described in subparagraph (B) with respect to any educational ISA shall be treated as interest paid by the taxpayer during the taxable year on a qualified education loan. (B) Amount described The amount described in this subparagraph with respect to any educational ISA is, for any taxable year, the excess of— (i) amounts paid by the taxpayer to another person under the terms of a qualified educational ISA during such taxable year, over (ii) the excess of— (I) the aggregate amount received under such qualified educational ISA during such taxable year and all preceding taxable years, over (II) the aggregate amounts paid by the taxpayer to another person under the terms of such qualified educational ISA during all preceding taxable years. (3) Amounts treated as educational assistance For purposes of section 127(c)(1)(B), amounts paid by an employer in satisfaction of obligations of an employee under a qualified educational ISA shall be treated in the same manner as a payment of principal or interest on a qualified education loan. (c) Treatment of ISA funder Gross income shall not include so much of any amount received as a payment from a recipient under an educational ISA funded by the taxpayer as does not exceed the excess of— (1) the aggregate amount of financing provided by the taxpayer under such educational ISA, over (2) the aggregate amount of such payments taken into account under this subsection by the taxpayer for all preceding taxable years. (d) Definitions For purposes of this section— (1) Educational ISA The term educational ISA ISA Student Protection Act of 2023 (2) Qualified educational ISA The term qualified educational ISA 20 U.S.C. 1070 et seq. . (b) Conforming amendment The table of parts for subchapter B of chapter 1 PART XII—Rules relating to qualified educational income sharing agreements . III Disclosures applicable to income share agreements 301. Disclosures The following disclosures shall be provided to ISA recipients: (1) In general An ISA provider (regardless of whether the ISA provided is an educational ISA) shall provide, to any individual that applies for or signs an income share agreement, a written document that clearly and simply discloses the information required by this Act. (2) Application The provisions of this title shall not apply to— (A) income share agreements primarily for business, commercial, or agricultural purposes; (B) government or governmental agencies or instrumentalities; (C) organizations; or (D) transactions for which the Bureau, by rule, determines that coverage under the provisions of this title are not necessary to carry out the purposes of this title. (3) Regulations Not later than 270 days after the date of enactment of this Act, the Bureau shall prescribe regulations to carry out the purposes of this title, which may contain such additional requirements, classifications, differentiations, or other provisions, and may provide for such adjustments and exceptions for all or any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this title, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. (4) Model disclosure forms and clauses (A) In general Not later than 270 days after the date of enactment of this Act, the Bureau shall publish a model integrated disclosure for educational ISAs and a model integrated disclosure for income share agreements generally in order to facilitate compliance with the disclosure requirements of this Act and aid ISA recipients in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. (B) Consideration In devising the disclosure forms required under subparagraph (A), the Bureau shall consider the use by ISA providers of data processing or similar automated equipment. (C) Rule of construction Nothing in this title may be construed to require an ISA provider to use any model form or clause published by the Bureau under this section. (D) Compliance An ISA provider shall be deemed to be in compliance with the disclosure provisions of this title with respect to other than numerical disclosures if the ISA provider— (i) uses any appropriate model form or clause as published by the Bureau under this section; or (ii) uses any such model form or clause and changes the form or clause by— (I) deleting any information that is not required under this title; or (II) rearranging the format, if in making such deletion or rearranging the format, the ISA provider does not affect the substance, clarity, or meaningful sequence of the disclosure. (5) Procedures applicable for adoption of model forms and clauses Model disclosure forms and clauses under this section shall be adopted by the Bureau after notice duly given in the Federal Register and an opportunity for public comment in accordance with section 553 of title 5, United States Code. (6) Effective dates of regulations containing new disclosure requirements (A) In general Any regulation of the Bureau, or any amendment or interpretation thereof, requiring any disclosure which differs from the disclosures previously required by this title or any regulation of the Bureau promulgated under this title shall have an effective date of that October 1 which follows by not less than 6 months the date of promulgation, except that the Bureau may at its discretion take interim action by regulation, amendment, or interpretation to lengthen the period of time permitted for ISA providers to adjust their forms to accommodate new requirements or shorten the length of time for ISA providers to make such adjustments when the ISA provider makes a specific finding that such action is necessary to comply with the findings of a court or to prevent unfair or deceptive disclosure practices. (B) Compliance Notwithstanding subparagraph (A), any ISA provider may comply with any such newly promulgated disclosure requirements prior to the effective date of the requirements. (7) Deference Notwithstanding any power granted to any Federal agency under this Act, the deference that a court affords to the Bureau with respect to a determination made by the Bureau relating to the meaning or interpretation of any provision of this Act, shall be applied as if the Bureau were the only agency authorized to apply, enforce, interpret, or administer the provisions of this Act. 302. Required disclosures for income share agreements (a) Disclosures requirements for all ISAs (1) In general The ISA provider shall make the disclosures required by this section clearly and conspicuously in writing, in a form that the ISA recipient may retain. (2) Electronic form The disclosures required by this section may be provided to the ISA recipient in electronic form in accordance with the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001 et seq. (3) Other requirements The disclosures required by this section shall— (A) be grouped together; (B) be segregated from anything that is not such a disclosure; and (C) only contain information directly related to the disclosures required under this section. (b) Use of estimates If any information necessary for an accurate disclosure is unknown to the ISA provider, the ISA provider shall make the disclosure based on the best information reasonably available at the time the disclosure is provided to the ISA recipient, and shall state clearly that the disclosure is an estimate. (c) Multiple ISA providers, multiple ISA recipients (1) Multiple ISA providers In any case where an income share agreement transaction involves more than one ISA provider, only one set of disclosures shall be given and the ISA providers shall agree among themselves which ISA provider shall comply with the requirements that this title imposes on any or all of the ISA providers. (2) Multiple ISA recipients In any case where an income share agreement transaction has more than one ISA recipient, the disclosures may be made to any ISA recipient whose income will be used to calculate the ISA payments due to the ISA provider. (d) Content of disclosures An ISA provider of an income share agreement (regardless of whether the income share agreement is an educational ISA) shall provide, to any person that applies for or signs a consumer income share agreement, a written document that clearly and simply discloses the following information: (1) A statement that the income share agreement is not a fixed payment installment loan, and that the amount the ISA recipient will be required to pay under the income share agreement may be more or less than the amount financed by the ISA provider and will vary in proportion to the ISA recipient’s future income. An ISA provider may satisfy the requirements of this paragraph by providing a table that compares periodic payments under the income share agreement at different income levels showing that payments vary with income, or that also compares such periodic payments under the ISA at different income levels with a loan product. (2) In the case of an educational ISA, the following statement: This income share agreement is not a grant or scholarship. If your income is above the Income Threshold, you will have to make payments under this income share agreement. (3) The following statement: Payments due under this income share agreement are determined by your income. Your payments are calculated using the ISA Payment Calculation Method described in your ISA. The amount you pay may be more than, equal to, or less than the amount financed. (4) In a series of boxes or other device designed to feature the following information more prominently than elsewhere in the income share agreement disclosures, the following information: (A) The term Amount Financed The amount of funds you will receive or that will be credited on your behalf. (B) The term ISA Payment Calculation Method (i) In the case of an ISA payment calculation method that is a percentage (or schedule of percentages), such percentage (or schedule of percentages) followed by a description that states, The percentage of your income used to calculate your ISA Payment. (ii) In the case of an ISA payment calculation method that is a schedule of fixed dollar amounts calculated based on the ISA recipient's income for a payment period, the schedule of fixed amounts (or a reference to the location of the schedule in the ISA) followed by a description that states, The amount of your ISA Payment will vary based on your income. See your ISA for more information. (C) The term Maximum Number of Income-Determined Payments The maximum number of ISA payments you will make when your income is above the Income Threshold. (D) The term Maximum Duration The maximum amount of time that you are required to make income-determined payments, excluding any extensions that you request. (E) The term Income Threshold The minimum income you must make in order to trigger a payment obligation under this income share agreement. If your income is less than or equal to this Income Threshold, you will not owe any ISA payments for that period. (5) A statement that during periods in which the ISA recipient’s income is not above the income threshold— (A) the ISA recipient will not owe an ISA payment for that period of time; and (B) any such period of non-payment will not count towards the ISA maximum number of payments but will count toward the ISA duration. (6) A statement that the obligations of the ISA recipient under the income share agreement would be dischargeable in a case under title 11, United States Code, in the same manner as a loan that is not described in section 523(a)(8) of title 11, United States Code. (7) A description of the terms under which the obligations of the ISA recipient under the income share agreement shall be extinguished in advance of the full ISA duration. (8) The definition of income to be used for purposes of calculating the ISA recipient’s obligation under the income share agreement, subject to section 104(a). (9) A comparison table that includes the following: (A) (i) The amounts and number of ISA payments that an ISA recipient would be required to pay under the income share agreement at a range of annual income levels stated as both a monthly and annual income amount. (ii) The income levels used in the disclosure under this paragraph shall include, at a minimum, the obligations for the ISA recipient— (I) with no income; (II) with income at the income threshold; and (III) for various income scenarios, including, at a minimum, calculations at annual incomes of $40,000, $60,000, $80,000, $100,000, $125,000, $150,000, $175,000, and $200,000. (iii) The comparison table under this paragraph shall include the following statement: This table assumes you have the same Income over the entire term of your income share agreement. It does not take into account changes in Income. Your Income will likely change over time. (B) The total of all ISA payments over the life of the income share agreement that the ISA recipient will have made in each of the income level scenarios described in subparagraph (A). (C) The amounts and number of payments, the total of all payments, and the annual percentage rate required to be paid under one or more comparable loans, including, at a minimum— (i) if elected by the Bureau, a loan at a fixed or variable rate and with a number of payments determined by the Bureau to be an approximation of the fixed or variable interest rate available to ISA recipients in the private marketplace; (ii) for an educational ISA, a comparable loan made under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. (iii) for an income share agreement that is not an educational ISA, a loan or loans that the ISA provider believes, in good faith, represents other alternative loan options available for the ISA recipient. (10) A statement of the intent of the ISA provider to engage in an annual process of reconciliation to determine if the ISA recipient’s ISA payments for the preceding year are more than, equal to, or less than the ISA payments owed under the income share agreement, including— (A) a description of the process in which the ISA recipient must participate in order for the ISA provider to verify the ISA recipient’s income; and (B) a description of any tax records or forms that the ISA recipient must execute or that the ISA provider intends to submit to the Internal Revenue Service. (11) A disclosure of the following items, to the extent applicable: (A) The amount that is or will be paid directly to the ISA recipient. (B) The amount that is or will be credited to the ISA recipient’s account to discharge obligations owed to the ISA provider. (C) Each amount that is or will be paid to third persons by the ISA provider on the ISA recipient’s behalf, together with an identification of or reference to the third person. (D) The total amount of any charges that will be paid by the ISA recipient before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the income share agreement. (12) The name and mailing address of the ISA provider. (13) A payment schedule that— (A) shows the date upon which the first ISA payment is expected to be due or, if such date is not reasonably knowable— (i) an estimated date using the best information available to the ISA provider; or (ii) a statement of the events that will trigger the first payment; and (B) reflects each date thereafter during the ISA duration that an ISA payment may be due. (e) Additional disclosure elements The Director may, through a rulemaking process— (1) add additional items to be disclosed under subsection (d) if consumer testing shows those elements would help consumers better understand the nature of the ISA obligation or better compare it with other products; and (2) require that additional income scenarios be included in the comparison table under paragraph (9)(A)(ii)(III), taking into account the income levels the ISA recipient might reasonably be expected to make given the intended use of the funds provided under the income share agreement, except in no case shall the number of scenarios exceed 20. 303. Additional requirements for educational ISAs (a) Additional disclosure timing rules for educational ISAs The following additional provisions apply to any income share agreement that is an educational ISA: (1) Application and solicitation (A) In general The ISA provider of an educational ISA that is to be used solely for postsecondary educational expenses shall provide the disclosures described in subsection (b)(1) with any application or solicitation for the educational ISA. For purposes of this section, the term solicitation (B) Telephone applications or solicitations In the case of a telephone application or solicitation for an educational ISA, the ISA provider shall provide the disclosure by, at its option— (i) disclosing orally the information described in subsection (b)(1); or (ii) mailing a copy of the disclosure described in subsection (b)(1) not later than 3 business days after the potential ISA recipient has applied for the educational ISA. (C) Special rule For an income share agreement that the ISA recipient may use for multiple purposes including postsecondary educational expenses, the ISA provider need not provide the disclosures required under subsection (b)(1) in the application or solicitation. (2) Approval disclosures The ISA provider shall provide the disclosures required by subsection (b)(2) before consummation on, or with any notice of approval provided to the applicant for, an educational ISA. If the ISA provider mails notice of approval, the disclosures shall be mailed with the notice. If the ISA provider communicates notice of approval by telephone, the ISA provider shall mail the disclosures not later than 3 business days after providing the notice of approval. If the ISA provider communicates notice of approval electronically, the ISA provider shall provide the disclosure, at its option, either in electronic form in accordance with the requirements of this title or by mailing the disclosure not later than 3 business days after communicating the notice of approval. If the ISA provider communicates approval in person, the ISA provider shall provide the disclosures to the applicant for an income share agreement at that time. (3) Final disclosures The disclosures required by subsection (b)(3) shall be provided after the ISA recipient accepts the income share agreement. (4) Receipt of mailed disclosures If a disclosure under paragraph (1), (2), or (3) is mailed to the potential ISA recipient or ISA recipient, as the case may be, the potential ISA recipient or ISA recipient shall be deemed to have received the disclosure 5 business days after the disclosure is mailed. (5) Basis of disclosures and use of estimates in educational ISAs (A) Legal obligation Disclosures shall reflect the terms of the legal obligation between the parties. (B) Estimates If any information necessary for an accurate disclosure is unknown to the ISA provider, the ISA provider shall make the disclosure based on the best information reasonably available at the time the disclosure is provided, and shall state clearly that the disclosure is an estimate. (6) Effect of subsequent events (A) Approval disclosures If a disclosure made under paragraph (2) becomes inaccurate because of an event that occurs after the ISA provider delivers the required disclosures, the inaccuracy is not a violation of this Act, although new disclosures may be required in accordance with this title. (B) Final disclosures If a disclosure under paragraph (3) becomes inaccurate because of an event that occurs after the creditor delivers the required disclosures, the inaccuracy is not a violation of this Act. (b) Additional disclosures for educational ISAs In addition to the other disclosure requirements of this title, an ISA provider of an educational ISA shall provide the disclosures required under this subsection as follows: (1) Application and Solicitation Disclosure On or with a solicitation or an application for an educational ISA, an ISA provider shall disclose the following: (A) ISA payment calculation method (i) The ISA payment calculation method that applies to the educational ISA and actually offered by the ISA provider at the time of application or solicitation. If the ISA payment calculation method will depend, in part, on a later determination of the ISA recipient’s creditworthiness or other factors, a statement that the ISA payment calculation method for which the ISA recipient may qualify will depend on the ISA recipient’s creditworthiness and other factors, if applicable. (ii) In the case of an ISA payment calculation method that is based on a schedule of percentages— (I) an explanation of how the schedule of percentages is calculated using percentages of income based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of percentages. (iii) In the case of an ISA payment calculation method that is based on a schedule of fixed amounts that an ISA recipient is required to pay that is calculated based on the ISA recipient's income for a payment period— (I) an explanation of how the schedule of fixed amounts is calculated using fixed amounts based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of fixed amounts. (B) Fees and Default or Late Payment Costs (i) An itemization of the fees or range of fees required to obtain the educational ISA. (ii) Any fees or other penalties based on the ISA recipient’s default or late payment. (C) Payment Terms (i) The ISA duration, or range of ISA durations, offered by the ISA provider. (ii) A description of any payment deferral options. (D) Cost Estimates Using the highest dollar amount or percentage applicable under the ISA payment calculation method described in subparagraph (A)(i) and using an amount financed of $10,000, or $5,000 if the ISA provider only offers income share agreements of this type for less than $5,000, the loan comparison based on these assumptions. (E) Eligibility Any age or school enrollment eligibility requirements relating to the ISA recipient. (F) Alternative to income share agreements (i) With respect to an educational ISA that might be used for postsecondary expenses at an institution of higher education that participates in a student financial assistance program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (I) a statement the ISA recipient may qualify for Federal student financial assistance through a program under such title; and (II) the interest rates for each program of financial assistance available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (ii) If applicable to the student’s circumstances, a statement that the ISA recipient may obtain additional information concerning Federal student financial assistance from the institution of higher education that the student attends, or at the website of the Department of Education, including an appropriate website address for the Department. (iii) A statement that an institution of higher education may have school-specific education loan benefits and terms not detailed on the disclosure form. (G) Rights of the consumer A statement that if the application for the educational ISA is approved by the ISA provider, the terms of the educational ISA will be available and will not change for 30 days except as a result of adjustments to the ISA payment calculation method, ISA duration, or ISA maximum number of payments and other changes permitted by law. (H) Self-certification information A statement that, before the educational ISA may be consummated, the ISA recipient must complete the self-certification form and that the form may be obtained from the institution of higher education that the student attends. (I) Overall educational finance obligation notice The following statement: IMPORTANT NOTICE REQUIRED BY LAW: Students are cautioned to consider carefully entering into this Income Share Agreement if their total future payment commitment, including any other forms of education finance, may exceed 20 percent of their expected future income. Your total future obligation may exceed this percentage if you have received additional education financing, including other income share agreements, Department of Education Direct or FFEL Loans, or private education loans. (2) Disclosures upon approval of an ISA Upon approval of an educational ISA by an ISA provider, the ISA provider shall disclose the information required under section 302(d) and the following information: (A) ISA payment calculation method (i) The ISA payment calculation method that applies to the educational ISA. (ii) In the case of an ISA payment calculation method that is based on a schedule of percentages— (I) an explanation of how the schedule of percentages is calculated using percentages of income based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of percentages. (iii) In the case of an ISA payment calculation method that is based on a schedule of fixed amounts that an ISA recipient is required to pay based on the ISA recipient's income for a payment period— (I) an explanation of how the schedule of fixed amounts is calculated using fixed amounts based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of fixed amounts. (B) Fees and default or late payment costs (i) An itemization of the fees or range of fees required to obtain the educational ISA. (ii) Any fees or other penalties based on the ISA recipient’s defaults or late payments. (C) Payment terms (i) The ISA duration, or range of ISA durations, offered by the ISA provider. (ii) A description of any payment deferral options. (D) Cost Estimates The following disclosure shall be made using the ISA payment calculation method, ISA duration, and ISA maximum number of payments for which the ISA recipient has been approved: (i) The loan comparison based on these assumptions. (ii) A description of the payment deferral option chosen by the ISA recipient, if applicable, and any other payment deferral options that the ISA recipient may elect at a later time. (iii) Any payments required while the ISA recipient is enrolled at a covered educational institution, based on the deferral option chosen by the ISA recipient. (E) Alternatives to private education income share agreements, if applicable to the student In the case of an educational ISA that may be used for education expenses at an institution of higher education that participates in the student financial assistance programs under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (i) A statement that the ISA recipient may qualify for Federal student financial assistance through a program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (ii) The interest rates for each program of financial assistance available under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (iii) A statement that the ISA recipient may obtain additional information concerning Federal student financial assistance from the institution of higher education that the student attends, or at the website of the Department of Education, including an appropriate website address for the Department. (F) Rights of the ISA recipient (i) A statement that the ISA recipient may accept the terms of the income share agreement until the last day of the acceptance period described in subsection (d)(1). (ii) The specific date on which the acceptance period expires, based on the date upon which the ISA recipient receives the disclosures required under this paragraph for the income share agreement. (iii) A specification of the method or methods by which the ISA recipient may communicate acceptance. (iv) A statement that, except for changes to the ISA payment calculation method and other changes permitted by law, the rates and terms of the income share agreement may not be changed by the ISA provider during the period described in clause (i). (G) Overall educational finance obligation notice The following statement: IMPORTANT NOTICE REQUIRED BY LAW: Students are cautioned to consider carefully entering into this Income Share Agreement if their total future payment commitment, including any other forms of education finance, may exceed 20 percent of their expected future income. Your total future obligation may exceed this percentage if you have received additional education financing, including other income share agreements, Department of Education Direct or FFEL Loans, or private education loans. (3) Final disclosures After the ISA recipient has accepted the income share agreement in accordance with subsection (d)(1), the ISA provider shall disclose to the ISA recipient the information required by this section and the following information: (A) ISA payment calculation method (i) The ISA payment calculation method applicable to the income share agreement. (ii) In the case of an ISA payment calculation method that is based on a schedule of percentages— (I) an explanation of how the schedule of percentages is calculated using percentages of income based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of percentages. (iii) In the case of an ISA payment calculation method that is based on a schedule of fixed amounts that an ISA recipient is required to pay based on the ISA recipient's income for a payment period— (I) an explanation of how the schedule of fixed amounts is calculated using fixed amounts based on the ISA recipient’s income; and (II) the timing for recalculation of the ISA recipient’s payments under the schedule of fixed amounts. (B) Fees and default or late payment costs (i) An itemization of the fees or range of fees required to obtain the educational ISA. (ii) Any fees or other penalties based on the ISA recipient’s defaults or late payments. (C) Payment terms (i) The ISA duration or range of ISA durations offered by the ISA provider. (ii) A description of any payment deferral options. (D) Cost estimates The following disclosure shall be made using the ISA payment calculation method, ISA duration, and ISA maximum number of payments for which the ISA recipient has been approved: (i) The loan comparison based on these assumptions. (ii) A description of the payment deferral option chosen by the ISA recipient, if applicable, and any other payment deferral options that the ISA recipient may elect at a later time. (iii) Any payments required while the ISA recipient is enrolled at a covered educational institution, based on the deferral option chosen by the ISA recipient. (E) Cancellation rights (i) A statement that— (I) the ISA recipient has the right to cancel the income share agreement, without penalty, at any time before the cancellation period under subsection (e) expires; and (II) the income share agreement proceeds will not be disbursed until after such cancellation period expires. (ii) The specific date on which the cancellation period expires and a statement that the ISA recipient may cancel by that date. (iii) A statement specifying— (I) all methods by which the ISA recipient may cancel; and (II) if the ISA provider permits cancellation by mail, that the ISA recipient's mailed request will be deemed timely if placed in the mail not later than the cancellation date specified in clause (ii). (iv) The disclosures required by this subparagraph shall be made more conspicuous than any other disclosure required under this section, except for the ISA payment calculation method, ISA duration, ISA maximum number of payments, amount financed, income threshold, and the ISA provider's identity, which shall be disclosed in accordance with the requirements of section 302(d). (F) Overall educational finance obligation notice The following statement: IMPORTANT NOTICE REQUIRED BY LAW: Students are cautioned to consider carefully entering into this Income Share Agreement if their total future payment commitment, including any other forms of education finance, may exceed 20 percent of their expected future income. Your total future obligation may exceed this percentage if you have received additional education financing, including other income share agreements, Department of Education Direct or FFEL Loans, or private education loans. (c) Limitation on educational ISAs (1) Co-branding prohibited (A) In general Except as provided in subparagraph (B) and paragraph (2), an ISA provider, other than the covered educational institution itself, shall not use the name, emblem, mascot, or logo of a covered educational institution, or other words, pictures, or symbols identified with a covered educational institution, in the marketing of educational ISAs in a way that implies that the covered education institution endorses the ISA provider's income share agreements. (B) Special rule An ISA provider's marketing of an educational ISA does not imply that the covered education institution endorses the ISA provider's income share agreements if the marketing includes a clear and conspicuous disclosure, equally prominent and closely proximate to the reference to the covered educational institution, that the covered educational institution does not endorse the ISA provider's income share agreements and that the ISA provider is not affiliated with the covered educational institution. (2) Endorsed ISA provider arrangements If an ISA provider and a covered educational institution have entered into an arrangement under which the covered educational institution agrees to endorse the ISA provider's educational ISAs, and such arrangement is not prohibited by other applicable law or regulation, paragraph (1)(A) shall not apply as long as the educational ISA marketing includes a clear and conspicuous disclosure, equally prominent and closely proximate to the reference to the covered educational institution, that the ISA provider's income share agreements are not offered or made by the covered educational institution, but are made by the ISA provider. (d) Educational ISA recipient’s right To accept (1) Acceptance period The ISA recipient has the right to accept the terms of an educational ISA at any time not later than 30 calendar days following the date on which the ISA recipient receives the disclosures required under subsection (b)(2). (2) Limitations on changes Except for changes permitted under paragraph (3), the terms of the educational ISA that are required to be disclosed under paragraphs (2) and (3) of subsection (b) may not be changed by the ISA provider prior to the earlier of— (A) the date of disbursement of the income share agreement; or (B) the expiration of the 30-day period described in paragraph (1), if the ISA recipient has not accepted the income share agreement before within the period. (3) Exceptions not requiring re-disclosure (A) In general Notwithstanding paragraph (2), nothing in this section shall prevent an ISA provider of an educational ISA from— (i) withdrawing an offer before consummation of the transaction if the making of the income share agreement would be prohibited by law or if the ISA provider has reason to believe that the ISA recipient has committed fraud in connection with the income share agreement application; (ii) changing the ISA payment calculation method and terms if the change will unequivocally benefit the ISA recipient; or (iii) reducing the amount funded based upon a certification or other information received from the covered educational institution, or from the ISA recipient, indicating that the student's cost of attendance has decreased or the ISA recipient's other financial aid has increased, except that, in such case, the ISA provider may make corresponding changes to the terms of the ISA payment calculation method, ISA duration, and other terms only to the extent that the ISA recipient would have received the terms if the ISA recipient had applied for the reduced amount financed. (B) No new disclosures required If the ISA provider changes the ISA payment calculation method or terms of the income share agreement under this paragraph, the ISA provider shall not be required to— (i) provide the disclosures required under subsection (b)(2) for the new income share agreement terms; or (ii) provide an additional 30-day period to the ISA recipient to accept the new terms of the income share agreement. (4) Exceptions requiring re-disclosure (A) In general Notwithstanding paragraphs (2) and (3), nothing in this section prevents an ISA provider, at its option, from changing the ISA payment calculation method or terms of the income share agreement to accommodate a specific request by the ISA recipient, such as a request for a different repayment option. (B) Additional disclosures required If the ISA provider changes the rate or terms of the income share agreement under subparagraph (A), the ISA provider— (i) shall provide the disclosures required under subsection (b)(2) and shall provide the ISA recipient the 30-day period to accept the income share agreement, as required under paragraph (1); and (ii) shall not make further changes to the income share agreement and terms of the loan, except as specified in paragraph (3)(B). (C) No further withdrawals or changes Except as permitted under paragraph (3)(B), unless the ISA recipient accepts the income share agreement offered by the ISA provider in response to the ISA recipient's request in accordance with subparagraph (A), the ISA provider may not withdraw or change the ISA payment calculation method or any terms of the income share agreements for which the ISA recipient was approved prior to the ISA recipient's request for a change in income share agreement terms under this paragraph. (e) Educational ISA recipient’s right To cancel The ISA recipient may cancel an educational ISA, without penalty, until midnight of the third business day following the date on which the ISA recipient receives the disclosures required by subsection (b)(3). No funds may be disbursed for an educational ISA until the 3-business-day period has expired, absent exceptional circumstances necessitating disbursement based on a request from the covered educational institution. In such a case, the covered educational institution shall promptly, upon cancellation by the student, refund the amounts to the ISA provider. (f) Self-Certification form For an educational ISA intended to be used for the postsecondary educational expenses of a student while the student is attending an institution of higher education, the ISA provider shall obtain, from the ISA recipient or the institution of higher education, the educational ISA certification form developed by the Secretary under section 155 of the Higher Education Act of 1965 ( 20 U.S.C. 1019d (g) Provision of Information by Preferred ISA provider (1) In general An ISA provider that has a preferred ISA financing arrangement with a covered educational institution shall, each year in accordance with paragraph (2), provide to the covered educational institution the information required under subsection (b)(1) for each type of educational ISA that the ISA provider plans to offer to ISA recipients for students attending the covered educational institution, for the period beginning July 1 of the year in which the information is provided and ending June 30 of the following year. (2) Timing For each year of a preferred ISA provider financing arrangement, the ISA provider shall provide the information required under paragraph (1) by the later of— (A) the first day of April; or (B) the date that is 30 days after entering into, or learning the ISA provider is a party to, a preferred ISA provider arrangement. 304. Advertising of income share agreements (a) In general The restrictions on advertising of income share agreements shall be consistent with the restrictions placed on advertisements related to extensions of consumer credit as set forth in chapter 3 of the Truth in Lending Act ( 15 U.S.C. 1661 et seq. (b) Amendments to the Truth in Lending Act The Truth in Lending Act ( 15 U.S.C. 1601 et seq. (1) in section 103(f) ( 15 U.S.C. 1602(f) (A) by striking means the means— (1) the ; (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) for purposes of chapter 3, shall include an income share agreement, as defined in section 2 of the ISA Student Protection Act of 2023 ; (2) in section 142 ( 15 U.S.C. 1662 (A) in the matter preceding paragraph (1), by striking state state— (B) in paragraph (1), by striking the period at the end and inserting a semicolon; (C) in paragraph (2), by striking the period at the end and inserting ; and (D) by adding at the end the following: (3) with respect to an income share agreement (as defined in section 2 of the ISA Student Protection Act of 2023 ; and (3) in section 144 ( 15 U.S.C. 1664 (f) Income share agreements (1) Definitions In this subsection, the terms income share agreement income threshold ISA duration ISA maximum number of payments ISA payment calculation method ISA Student Protection Act of 2023 (2) Application This subsection shall apply to any advertisement to aid, promote, or assist directly or indirectly any income share agreement subject to the provisions of this chapter. (3) Disclosure of key terms If any advertisement to which this section applies states the ISA payment calculation method, ISA duration, ISA maximum number of payments, income threshold, or amounts of payments under an income share agreement, the advertisement shall include the following: (A) The ISA payment calculation method. (B) The ISA duration. (C) The ISA maximum number of payments. (D) The income threshold. . IV Other clarifications to support ISA programs 401. Treatment under securities laws (a) Income share agreements not treated as securities (1) In general An income share agreement shall not be treated as a security for purposes of the securities laws (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) (2) Rule of construction Nothing in paragraph (1) may be construed to prevent an instrument that is collateralized by, or serviced by the cash flows of, an income share agreement from being treated as a security for purposes of any law described in that paragraph. (b) ISA providers making income share agreements excluded from investment company treatment Section 3(c) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c) (1) in paragraph (4), by inserting income share agreements (as that term is defined in section 2 of the ISA Student Protection Act of 2023 industrial banking, (2) in paragraph (5)— (A) in subparagraph (A), by inserting , including purchasing or otherwise acquiring income share agreements (as that term is defined in section 2 of the ISA Student Protection Act of 2023 services (B) in subparagraph (B), by inserting , including making income share agreements (as defined in subparagraph (A)) services 402. Treatment under bankruptcy laws Section 523(a)(8) of title 11, United States Code, is amended, in the matter preceding subparagraph (A), by striking for— for, other than funds provided as part of an educational ISA (as defined in section 2 of the ISA Student Protection Act of 2023 403. Consent to continuing release of taxpayer information under educational ISAs and income share agreements By not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall modify Treasury regulations and guidance to provide for continuing consent to disclosure of an individual’s return information to an ISA provider (or the provider's successor in interest) under an educational ISA or other income share agreement, but only for periods relevant to, and only to the extent the Secretary determines is necessary and appropriate in carrying out the terms of, such educational ISA or income share agreement. 404. Interplay with the Higher Education Act of 1965 (a) Title IV definitions (1) In general Section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv Public Law 116–260 (A) in subsection (e)— (i) in paragraph (2), by striking and (ii) in paragraph (3), by striking the period and inserting ; and (iii) by adding at the end the following: (4) any amount provided to the applicant, or on whose behalf funds are disbursed, under an income share agreement, as defined in section 2 of the ISA Student Protection Act of 2023 ; and (B) in subsection (f)(1), by inserting amounts provided to an individual, or on whose behalf the funds are disbursed, under an income share agreement, as defined in section 2 of the ISA Student Protection Act of 2023 income producing property, (2) Effective date The amendments made by paragraph (1) shall take effect as if included in section 702 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 (b) Program participation agreements Section 487(d)(1)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(d)(1)(D) (1) in clause (ii), by striking and (2) in clause (iii), by inserting and (3) by adding at the end the following: (iv) in the case of educational income share agreements (as such term is defined in section 2 of the ISA Student Protection Act of 2023 . (c) Preferred lender arrangement definitions Section 151 of the Higher Education Act of 1965 ( 20 U.S.C. 1019 (1) by redesignating paragraphs (3), (4), (5), and (6) through (9) as paragraphs (4), (5), (6), and (9) through (12), respectively; (2) by inserting after paragraph (2) the following: (3) Educational ISA The term educational ISA ISA Student Protection Act of 2023 ; (3) in paragraph (6), as redesignated by paragraph (1)— (A) in subparagraph (A)(ii), by inserting or educational ISAs loans (B) in subparagraph (B), by striking and (C) in subparagraph (C), by striking the period at the end and inserting ; and (D) by adding at the end of the following: (D) notwithstanding subparagraphs (A) and (B), does not include any ISA provider with respect to any educational ISA secured, made, or extended by such ISA provider. ; (4) by inserting after paragraph (6), as redesignated by subparagraph (A), the following: (7) ISA provider The term ISA provider ISA Student Protection Act of 2023 (8) ISA recipient The term ISA recipient ISA Student Protection Act of 2023 ; and (5) in paragraph (11)(A), as redesignated by paragraph (1)— (A) in the matter preceding clause (i), by inserting or ISA provider lender (B) in clause (i), by inserting or an ISA provider provides or otherwise issues educational ISAs loans (C) in clause (ii), by inserting or the educational ISAs of the ISA provider lender (d) Responsibilities of covered institutions and ISA providers regarding preferred lender arrangements Section 152 of the Higher Education Act of 1965 ( 20 U.S.C. 1019a (1) in the section heading, by striking and lenders lenders, and ISA providers (2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (i)— (aa) in the matter preceding subclause (I), by inserting or educational ISAs loans (bb) in subclause (II)— (AA) by striking section 151(3)(A) section 151(4)(A) (BB) by striking and (cc) by redesignating subclause (III) as subclause (IV); and (dd) by inserting after subclause (II) the following: (III) the information required to be disclosed pursuant to section 153(a)(2)(A)(i), for an educational ISA that is offered pursuant to a preferred lender arrangement of the institution or organization to students of the institution or families of such students; and ; and (II) in clause (ii)— (aa) in the matter preceding subclause (I)— (AA) by striking subparagraph (C) subparagraph (D) (BB) by inserting or educational ISAs loans (bb) in subclause (I), by striking and (cc) by adding at the end the following: (III) in the case of a covered institution, the information described in section 153(c) for each type of educational ISA offered pursuant to a preferred lender arrangement of the institution to students of the institution or the families of such students; and (IV) in the case of an institution-affiliated organization of a covered institution, the information in section 303(b)(1) of the ISA Student Protection Act of 2023 ; (ii) by redesignating subparagraph (C) as subparagraph (D); and (iii) by inserting after subparagraph (B) the following: (C) Educational ISA disclosures A covered institution, or an institution-affiliated organization of such covered institution, that provides information regarding an educational ISA from an ISA provider to a prospective ISA recipient shall— (i) provide the prospective ISA recipient with the information described in section 303(b)(1) of the ISA Student Protection Act of 2023 (ii) inform the perspective ISA recipient that— (I) the prospective ISA recipient may qualify for loans or other assistance under title IV; and (II) the terms and conditions of the loans made, insured, or guaranteed under title IV may be more favorable than the provisions of educational ISAs; and (iii) ensure that information regarding educational ISAs is presented in such a manner as to be distinct from information regarding loans that are made, insured, or guaranteed under title IV. ; (B) by striking paragraph (2) and inserting the following: (2) Use of institution name A covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with a lender regarding private education loans or an ISA provider regarding educational ISAs shall not agree to the lender’s or ISA provider’s use of the name, emblem, mascot, or logo of such institution or organization, or other words, pictures, or symbols readily identified with such institution or organization, in the marketing of private education loans or educational ISAs to students attending such institution in any way that implies that the loan or educational ISA is offered or made by such institution or organization instead of the lender or ISA provider. ; and (C) by adding at the end the following: (4) Use of ISA provider name A covered institution, or an institution-affiliated organization of such covered institution, that enters into a preferred lender arrangement with an ISA provider regarding educational ISAs shall ensure that the name of the ISA provider is displayed in all information and documentation related to such educational ISAs. ; and (3) by adding at the end the following: (c) ISA provider responsibilities For each of an ISA provider’s educational ISAs, the ISA provider shall comply with the disclosure requirements of sections 302 and 303 of the ISA Student Protection Act of 2023 . (e) Disclosures for ISA providers participating in preferred lender arrangements Section 153 of the Higher Education Act of 1965 ( 20 U.S.C. 1019b (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by striking section 151(3)(A) section 151(4)(A) (ii) by adding at the end the following: (C) Additional information for educational ISAs (i) In general By not later than 180 days after the date of enactment of the ISA Student Protection Act of 2023 (ii) Consultation and content of minimum disclosures In carrying out clause (i), the Secretary shall— (I) consult with students, the families of such students, representatives of covered institutions (including financial aid administrators, admission officers, and business officers), representatives of institution-affiliated organizations, secondary school guidance counselors, and ISA providers; (II) include, in the minimum information under clause (i) that is required to be made available, the information required to be disclosed under section 303 of the ISA Student Protection Act of 2023 (III) consider the merits of requiring each covered institution, and each institution-affiliated organization of such covered institution, with a preferred lender arrangement to provide prospective ISA recipients and the families of such ISA recipients the following information for each type of educational ISA offered pursuant to such preferred lender arrangement: (aa) (AA) The ISA payment calculation method, the income threshold, the ISA maximum number of payments (or a range of the ISA maximum number of payments), the ISA payment window (or a range of the ISA payment windows), and the terms and conditions of the educational ISA for the next award year. (BB) In this subclause, the terms income threshold ISA maximum number of payments ISA payment calculation method ISA payment window ISA Student Protection Act of 2023 (bb) An itemization of the fees or range of fees required to obtain the educational ISA. (cc) Any fees or other penalties based on the ISA recipient’s defaults or late payments. (dd) The annual or aggregate maximum financed amounts. (ee) The average financed amounts provided by the ISA provider to students who— (AA) graduated from such institution in the preceding year with certificates, undergraduate degrees, graduate degrees, and professional degrees, as applicable; and (BB) obtained educational ISAs of such type from the ISA provider for the preceding year. (ff) The consequences for the ISA recipient for defaulting on an educational ISA. (gg) Contact information for the ISA provider. (hh) Other information suggested by the persons and entities with whom the Secretary has consulted under subclause (I). ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i), by striking section 151(3)(A) section 151(4)(A), or to prospective ISA recipients and the families of such ISA recipients regarding educational ISAs, (II) in clause (ii), by striking the model disclosure form a model disclosure form (ii) in subparagraph (B)— (I) in the matter preceding clause (i)— (aa) by striking a model disclosure form model disclosure forms (bb) by striking and preferred lenders preferred lenders, and ISA providers (II) in clause (i), by inserting ISA providers, servicers, (III) in clause (ii)— (aa) by striking format to the form format to— (aa) with respect to education loans, the form ; (bb) by striking section 151(3)(A) section 151(4)(A) (cc) by adding at the end the following: (bb) with respect to educational ISAs, the form developed by the Bureau of Consumer Financial Protection under section 301(4) of the ISA Student Protection Act of 2023 ; and (iii) in subparagraph (C), by striking such model disclosure form the model disclosure forms described in subparagraph (B) (2) in subsection (b), by striking section 151(3)(A) section 151(4)(A) (3) by redesignating subsection (c) as subsection (d); (4) by inserting after subsection (b) the following: (c) Duties of ISA providers Each ISA provider that has a preferred lender arrangement with respect to educational ISAs with a covered institution, or an institution-affiliated organization of such covered institution, shall annually, by a date determined by the Secretary, provide to such covered institution or such institution-affiliated organization, and to the Secretary, the information the Secretary requires pursuant to subsection (a)(2)(A)(i) for the educational ISAs that the ISA provider plans to offer pursuant to such preferred lender arrangement to students attending such covered institution, or to the families of such students, for the next award year. ; and (5) in subsection (d), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (i), by striking section 151(3)(A) section 151(4)(A) or educational ISA (II) by adding at the end the following: (iii) (I) in the case of a covered institution, the information described in subsection (c), for each type of educational ISA offered pursuant to a preferred lender arrangement of the institution to students of the institution or the families of such students; and (II) in the case of an institution-affiliated organization of a covered institution, the information described in section 303(b)(1) of the ISA Student Protection Act of 2023 ; and (ii) in subparagraph (B)— (I) by inserting or ISA provider lender (II) by inserting or an educational ISA loan (B) in paragraph (2)(A)— (i) in the matter preceding clause (i), by inserting or ISA provider each lender (ii) in clause (i), by striking clauses (i) and (ii) clauses (i) through (iii), as applicable (iii) in clause (ii)— (I) by inserting or ISA provider the lender (II) by inserting or educational ISA loan (f) Self-Certification form for educational ISAs Section 155 of the Higher Education Act of 1965 ( 20 U.S.C. 1019d (1) by striking the section heading and inserting the following: Self-certification forms for private education loans or educational ISAs. (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking the self-certification form a self-certification form (ii) by inserting and, in consultation with the Director of the Bureau of Consumer Financial Protection, a self-certification form for educational ISAs that shall be used to satisfy the requirements of section 303(f) of the ISA Student Protection Act of 2023 Act (iii) by striking Such form Each form (B) in paragraph (3)— (i) in subparagraph (A), by inserting or educational ISA, as applicable loan (ii) in subparagraph (C), by inserting or educational ISA, as applicable loan (3) in subsection (b), by striking the form a form (g) Conforming amendments Section 154 of the Higher Education Act of 1965 ( 20 U.S.C. 1019c (1) in subsection (a)— (A) by inserting for education loans the model disclosure form (B) by striking section 151(3)(A) section 151(4)(A) (2) in subsection (b)(2), by inserting for education loans model disclosure form V Applying existing consumer protections to income share agreements 501. Equal access to income share agreements (a) Activities constituting discrimination It shall be unlawful for any ISA provider to discriminate against any applicant, with respect to any aspect of an income share agreement— (1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract); (2) because all or part of the applicant’s income derives from any public assistance program (except for those excluded from the definition of income established by the income share agreement); or (3) because the applicant has in good faith exercised any right under this Act. (b) Activities not constituting discrimination It shall not constitute discrimination for purpose of subsection (a) for an ISA provider— (1) to make an inquiry of the applicant’s age or of whether the applicant’s income derives from any public assistance program, if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of creditworthiness as provided in regulations of the Bureau; (2) to use any empirically derived credit system that considers age if that system is demonstrably and statistically sound in accordance with regulations of the Bureau, except that in the operation of such a system, the age of an elderly applicant may not be assigned a negative factor or value; (3) to make an inquiry of, or to consider the age of, an elderly applicant when the age of that applicant is to be used by the creditor in the extension of credit in favor of the applicant; or (4) to use any empirically derived system that considers the expected future income of an applicant to determine whether to approve an application or to establish the financial and other terms of an income share agreement, if that empirically derived system is demonstrably and statistically sound and reasonably designed such that approved applicants are all reasonably expected to pay substantially similar effective annual percentage rates as other similarly situated applicants, except that in accordance with any regulations of the Bureau in the operation of such a system to project an applicant’s expected future income, an ISA provider— (A) may not consider an applicant’s status as a member or potential member of any of the classes described in subsection (a); (B) may consider an applicant’s current employment status, current debt and other financial obligations, or current and past income (as of the date of application); or (C) in the case of educational ISAs, may consider the historical income of consumers who have made comparable progress toward the completion of the educational program in which the applicant is or is expected to be enrolled or toward a reasonably comparable educational program. (c) Additional activities not constituting discrimination It shall not be a violation of subsection (a) for an ISA provider to refuse to extend an income share agreement— (1) that is offered pursuant to— (A) any financial assistance program expressly authorized by law for an economically disadvantaged class of persons; (B) any financial assistance program administered by a nonprofit organization for its members or an economically disadvantaged class of persons; or (C) any special purpose financial assistance program that— (i) is carried out by a for-profit organization to meet special social needs; and (ii) meets standards prescribed in regulations by the Bureau; or (2) if the refusal is required by, or made pursuant to, a program described in paragraph (1). (d) Reason for adverse action; procedure applicable (1) In general Not later than 30 days (or such longer reasonable time as specified in regulations of the Bureau for any class of income share agreement transaction) after the date on which an ISA provider receives a completed application for an income share agreement, the ISA provider shall notify the applicant of— (A) the action taken by the ISA provider with respect to the application; (B) in the case of an adverse action, a clear and accurate disclosure of the applicant's right to a written statement of reasons in accordance with paragraph (2) within 60 days after receiving the notice under this paragraph; and (C) the identity of the person or office from which the statement of reasons described in paragraph (2) may be obtained. (2) Statement of reasons (A) In general Each applicant against which an adverse action is taken shall be entitled to a written statement from the applicable ISA provider regarding the specific reasons for that adverse action, if the request is made by the applicant not later than 60 days after receiving the notice of an adverse action under paragraph (1). (B) Timing An ISA provider shall provide an applicant with the statement of reasons under subparagraph (A) by the date that is not more than 30 days after the date of the consumer's request. (C) Oral statement Notwithstanding subparagraph (A), the statement described in this paragraph may be provided orally if the oral notification advises the applicable applicant of the right of the applicant to have the statement of reasons confirmed in writing, upon written request by the applicant. (D) Third-party request If a third party requests that an ISA provider make a specific extension of an income share agreement directly or indirectly to an applicant, the statement under this paragraph may be made directly by the ISA provider, or indirectly through the third party, if the identity of the ISA provider is disclosed. (E) Verbal statements The requirements of this paragraph may be satisfied by a verbal statement or notification in the case of an ISA provider that acted on not more than 150 applications during the calendar year preceding the calendar year in which the applicable adverse action is taken, as determined under regulations of the Bureau. (e) Regulations (1) In general (A) Issuance of regulations The Bureau shall prescribe regulations to carry out the purposes of this section. (B) Contents The regulations prescribed under subparagraph (A) may contain such classifications, differentiation, or other provisions, and may provide for such adjustments for any class of transactions, as in the judgment of the Bureau are necessary or proper to effectuate the purposes of this section, to prevent circumvention or evasion of this section, or to facilitate or substantiate compliance with this section. (2) Consistent with Equal Credit Opportunity Act In prescribing regulations under paragraph (1), the Bureau shall be guided by the Equal Credit Opportunity Act ( 15 U.S.C. 1691 et seq. (3) Exempt transactions (A) In general Subject to subparagraph (B), the regulations prescribed under paragraph (1) may exempt from the provisions of this section any class of transactions that is not primarily for personal, family, or household purposes, or any business or commercial income share agreement or investment contract made available by a financial institution, except that a particular type of income share agreement within such a class may be exempted only if the Bureau makes an express finding that applying this section, or of any provision of this section, to the income share agreement would not contribute substantially to effectuating the purposes of this section. (B) Limitation An exemption granted under subparagraph (A) shall be— (i) for not longer than 5 years; and (ii) extended only if the Bureau makes a subsequent determination, in the manner described by that subparagraph, that the exemption remains appropriate. (4) Maintenance of records Pursuant to the regulations prescribed under paragraph (1), an entity making business or commercial income share agreements shall maintain such records or other data relating to those agreements as may be necessary to evidence compliance with this section or enforce any action pursuant to the authority of this section, except that in no event shall those records or data be maintained for a period of less than 1 year. (5) Deference Notwithstanding any power granted to any Federal agency under this section, the deference that a court affords to a Federal agency with respect to a determination made by that agency relating to the meaning or interpretation of any provision of this section that is subject to the jurisdiction of the agency shall be applied as if that agency were the only agency authorized to apply, enforce, interpret, or administer the provisions of this section. (f) Enforcement The administrative enforcement of this section shall be consistent with section 704 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c (g) Self-Testing and self-Correction The incentives for self-testing and self-correction under section 704A of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c–1 (h) Applicability of other laws Section 705 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691d (i) Civil liability Section 706 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691e (j) Reports by Bureau and Attorney General (1) In general Each year, the Bureau and the Attorney General shall, respectively, submit to Congress reports concerning the administration of the functions of the Bureau and the Attorney General, respectively, under this section, including such recommendations as the Bureau and the Attorney General, respectively, determine necessary or appropriate. (2) Additional information Each report of the Bureau submitted under paragraph (1) shall include the assessment of the Bureau of the extent to which compliance with the requirements of this title is being achieved and a summary of the enforcement actions taken by each of the agencies assigned administrative responsibilities under subsection (f). 502. Prohibition on requiring preauthorized electronic fund transfers under the Electronic Fund Transfer Act Section 913(1) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693k(1) , or the entering into an educational ISA or an income share agreement (as those terms are defined in section 2 of the ISA Student Protection Act of 2023 a consumer 503. Treatment under the Fair Credit Reporting Act (a) In general Section 605 of the Fair Credit Reporting Act ( 15 U.S.C. 1681c (i) Income share agreement information With respect to an income share agreement (as that term is defined in section 2 of the ISA Student Protection Act of 2023 (1) may include a description of the contract terms of the income share agreement and, subject to subsection (a), information with respect to amounts that are owed under the income share agreement; and (2) may not include any speculation about future amounts that may be owed under the income share agreement, including the reporting of any payment caps or early termination amounts. . (b) Regulations The Bureau shall promulgate regulations with respect to the manner in which ISA providers may furnish, and consumer reporting agencies may report, information regarding income share agreements. 504. Treatment under the Fair Debt Collection Practices Act (a) In general Section 803 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692a (1) in paragraph (5), by inserting , including such an obligation or alleged obligation arising out of an income share agreement, as that term is defined in section 2 of the ISA Student Protection Act of 2023 (2) in paragraph (6), in the first sentence, by inserting , including an ISA provider (as defined in section 2 of the ISA Student Protection Act of 2023 means any person (b) Rules of construction Nothing in this section, or the amendments made by this section, may be construed for purposes of any other Federal law as considering— (1) income share agreements as debts, once the ISA recipient owes any amounts to the ISA provider under the income share agreement; or (2) ISA providers as lenders, once the ISA recipient owes any amounts to the ISA provider under the applicable income share agreement. 505. Treatment of educational income share agreements for purposes of Military Lending Act Section 987 of title 10, United States Code, is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: (i) Treatment of educational income share agreements The Secretary of Defense shall prescribe regulations to apply this section to educational ISAs (as that term is defined in section 2 of the ISA Student Protection Act of 2023 . 506. Treatment under the Servicemembers Civil Relief Act Section 207 of the Servicemembers Civil Relief Act ( 50 U.S.C. 3937 (1) in subsection (d)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following new paragraph: (1) Educational income share agreement The term educational income share agreement educational ISA ISA Student Protection Act of 2023 ; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting before subsection (e), as redesignated by paragraph (2), the following new subsection (d): (d) Educational income share agreements (1) In general An educational income share agreement shall be considered to be in compliance with the requirements of subsection (a) if such agreement is compliant with the requirements of section 102(b) of the ISA Student Protection Act of 2023 (2) Interest rate In carrying out paragraph (1) of this subsection, the interest rate referred to in section 102(b) of such Act shall be deemed to be the rate of interest specified in subsection (a) of this section. . 507. Preservation of consumers’ claims and defenses (a) Application of Holder in Due Course Rule to income share agreements Beginning on January 1, 2024, for purposes of applying part 433 of title 16, Code of Federal Regulations (commonly known as the Holder in Due Course Rule Holder Rule consumer credit contract (1) involve the advancing of funds to, or on behalf of, a consumer in return for the consumer’s agreement to an income share agreement; and (2) are related, in whole or substantial part, to a purchase of goods or services from a seller who— (A) refers the consumer to the provider of the income share agreement; or (B) is affiliated with the provider of the income share agreement by common control, contract, or business arrangement. (b) Disclosures In applying section 433.2 of title 16, Code of Federal Regulations, to a consumer credit contract that is an income share agreement described in subsection (a)— (1) in lieu of the disclosure required under section 433.2(a) of title 16, Code of Federal Regulations, the contract shall contain the following disclosure in at least 10 point, bold face type: NOTICE ANY HOLDER OF THIS INCOME SHARE AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE ISA RECIPIENT COULD ASSERT AGAINST THE SELLER OF THE GOODS OR SERVICES OBTAINED UNDER THE INCOME SHARE AGREEMENT OR WITH THE PROCEEDS OF THE INCOME SHARE AGREEMENT. ANY RECOVERY BY THE ISA RECIPIENT UNDER SUCH A CLAIM OR DEFENSE SHALL NOT EXCEED AMOUNTS PAID BY THE ISA RECIPIENT UNDER THE INCOME SHARE AGREEMENT. ; and (2) in lieu of the disclosure required under section 433.2(b) of title 16, Code of Federal Regulations, the contract shall contain the following disclosure in at least 10 point, bold face type: NOTICE ANY HOLDER OF THIS INCOME SHARE AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE ISA RECIPIENT COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED UNDER THE INCOME SHARE AGREEMENT OR WITH THE PROCEEDS OF THE INCOME SHARE AGREEMENT. ANY RECOVERY UNDER SUCH A CLAIM OR DEFENSE BY THE ISA RECIPIENT SHALL NOT EXCEED AMOUNTS PAID BY THE ISA RECIPIENT UNDER THE INCOME SHARE AGREEMENT. . VI Relation to other laws 601. Treatment under other laws (a) Insurance and wagering An income share agreement shall not be treated as a contract for insurance, or as a betting or wagering contract, under any Federal or State law, except in the case of a State law that expressly states the law is intended to apply to income share agreements as defined in this Act. (b) Payments not considered prepayments (1) In general Any right that an ISA recipient may have to pay an amount greater than the amount financed under an income share agreement in order to extinguish the income share agreement earlier than the ISA duration or ISA maximum number of payments shall not be subject to any Federal or State law with respect to prepayment penalties, as long as— (A) the prepayment complies with the limitations on income share agreements required under this Act and the amendments made by this Act; and (B) in the case of a State law, the State law does not expressly state that the law is intended to apply to income share agreements as defined in this Act. (2) Nonapplicability An income share agreement under this Act is not subject to the application of section 140(e) of the Truth in Lending Act ( 15 U.S.C. 1650(e) (c) Treatment of educational ISAs (1) Assignment of future wages for educational ISAs An educational ISA shall be a valid, binding, and enforceable contract, notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income, except in the case of a State law that expressly states the law is intended to apply to income share agreements as defined in this Act. (2) Preemption of State law with respect to usury and interest rates for educational ISAs An educational ISA shall not be subject to a State law with respect to usury, interest rates, fees, and charges for credit, loans, credit or installment sales, or a State law requiring that installment payments be substantially equal in amount, except in the case of a State law that expressly states the law is intended to apply to income share agreements as defined in this Act. (3) Preemption of State laws with respect to ability-to-repay and licensing laws for educational ISAs An educational ISA shall not be subject to a State law with respect to ability-to-repay 602. Relation to State law (a) In General (1) Rule of Construction This Act, other than the provisions of titles I and III and section 501, may not be construed as annulling, altering, or affecting, or exempting any person subject to the provisions of this Act from complying with the statutes, regulations, orders, or interpretations in effect in any State, except to the extent that any such provision of law is inconsistent with the provisions of this Act, and then only to the extent of the inconsistency. (2) Greater protection under State law For purposes of this subsection, a statute, regulation, order, or interpretation in effect in any State is not inconsistent with the provisions of this Act if the protection that such statute, regulation, order, or interpretation affords to ISA recipients or applicants is greater than the protection provided under this Act. A determination regarding whether a statute, regulation, order, or interpretation in effect in any State is inconsistent with the provisions of this Act may be made by the Bureau on its own motion or in response to a nonfrivolous petition initiated by any interested person. (b) Relation to other provisions of enumerated consumer laws that relate to State law No provision of this Act, except as provided in titles I and III and section 501, shall be construed as modifying, limiting, or superseding the operation of any provision of an enumerated consumer law that relates to the application of a law in effect in any State with respect to such enumerated consumer law. (c) Additional consumer protection regulations in response to State action (1) Notice of proposed rule required The Bureau shall issue a notice of proposed rulemaking whenever a majority of the States has enacted a resolution in support of the establishment or modification of a consumer protection regulation by the Bureau. (2) Bureau considerations required for issuance of final regulation Before prescribing a final regulation based upon a notice issued under paragraph (1), the Bureau shall take into account whether— (A) the proposed regulation would afford greater protection to consumers than any existing regulation; (B) the intended benefits of the proposed regulation for consumers would outweigh any increased costs or inconveniences for consumers, and would not discriminate unfairly against any category or class of consumers; and (C) a Federal banking agency has advised that the proposed regulation is likely to present an unacceptable safety and soundness risk to insured depository institutions. (3) Explanation of considerations The Bureau— (A) shall include a discussion of the considerations required in paragraph (2) in the Federal Register notice of a final regulation prescribed pursuant to this subsection; and (B) whenever the Bureau determines not to prescribe a final regulation, shall publish an explanation of such determination in the Federal Register, and provide a copy of such explanation to each State that enacted a resolution in support of the proposed regulation, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives. (4) Reservation of authority No provision of this subsection shall be construed as limiting or restricting the authority of the Bureau to enhance consumer protection standards established pursuant to this Act in response to a motion of the Bureau or in response to a request by any other interested person. (5) Rule of construction No provision of this subsection shall be construed as exempting the Bureau from complying with subchapter II of chapter 5 VII Enforcement and reporting 701. Enforcement (a) Enforcing agencies Subject to subtitle B of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5511 et seq. (1) section 8 of the Federal Deposit Insurance Act ( 12 U.S.C. 1818 12 U.S.C. 1813(q) (A) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks; (B) member banks of the Federal Reserve System (other than national banks), branches and agencies of foreign banks (other than Federal branches, Federal agencies, and insured State branches of foreign banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act ( 12 U.S.C. 601 et seq. (C) banks and State savings associations insured by the Federal Deposit Insurance Corporation (other than members of the Federal Reserve System), and insured State branches of foreign banks; (2) the Federal Credit Union Act ( 12 U.S.C. 1751 et seq. (3) part A of subtitle VII of title 49, United States Code, by the Secretary of Transportation, with respect to any air carrier or foreign air carrier subject to that part; (4) the Packers and Stockyards Act, 1921 ( 7 U.S.C. 191 et seq. 7 U.S.C. 226 (5) the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq. (6) subtitle E of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5561 et seq. (7) sections 21B and 21C of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–2 (b) Violations of this Act deemed violations of pre-Existing statutory requirements; additional agency powers For the purpose of the exercise by any agency referred to in subsection (a) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this Act shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (a), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this Act, any other authority conferred on it by law. (c) Overall enforcement authority of the Bureau of Consumer Financial Protection Except to the extent that enforcement of the requirements imposed under this Act is specifically committed to some other Government agency under any of paragraphs (1) through (5) of subsection (a), and subject to subtitle B of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5511 et seq. 12 U.S.C. 5301 et seq. 12 U.S.C. 5301 et seq. (d) Rules and regulations The authority of the Bureau to issue regulations under this Act does not impair the authority of any other agency designated in this section to make rules respecting its own procedures in enforcing compliance with requirements imposed under this Act. 702. Reporting requirement for the Bureau of Consumer Financial Protection Not less than frequently than once every 5 years, the Director shall submit to Congress a report that includes— (1) information on the prevalence and utilization of educational ISAs and income share agreements; and (2) any other information pertaining to educational ISAs and income share agreements that the Director determines is appropriate.

ISA Student Protection Act of 2023

Conservation Reserve Program Amendments Act of 2023 This bill amends the Conservation Reserve Program (CRP) of the Farm Service Agency to provide for the enrollment of citrus land in the program. CRP is a land conservation program that provides an annual rental payment to farmers in exchange for removing environmentally sensitive land from agricultural production and planting species that will improve environmental health and quality. Specifically, the bill allows the Department of Agriculture (USDA) to include cropland in the program that is otherwise ineligible if the land has been used to plant a citrus crop during the 10-year period preceding the date of the bill's enactment. USDA must enroll citrus land using existing continuous enrollment procedures. USDA may give priority to citrus land that is at risk of conversion or development, is of ecological significance, or is affected by huanglongbing (i.e., citrus greening, a bacterial disease spread by an insect that is known as the Asian citrus psyllida and feeds on citrus). The total acreage of citrus land enrolled in the conservation reserve must not exceed 100,000 acres for each of FY2024-FY2028. Further, the bill excludes citrus land from existing adjusted gross income limitations for payments or benefits under CRP.

118 S1365 IS: Conservation Reserve Program Amendments Act of 2023 U.S. Senate 2023-04-27 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. 1365 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Rubio Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food Security Act of 1985 to provide for the enrollment of citrus land in the conservation reserve program, and for other purposes. 1. Short title This Act may be cited as the Conservation Reserve Program Amendments Act of 2023 2. Conservation reserve program amendments (a) In general Section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 (1) in subsection (b)(5)— (A) in subparagraph (D), by striking or (B) in subparagraph (E), by inserting or (C) by adding at the end the following: (F) the land has, during the 10-year period preceding the date of enactment of this subparagraph, been used to plant a citrus crop; ; and (2) by adding at the end the following: (j) Citrus land (1) In general In enrolling acres of citrus land described in subsection (b)(5)(F) in the conservation reserve, the Secretary shall enroll the land using the continuous enrollment procedure described in subsection (d)(6). (2) Priority In enrolling acres of citrus land described in subsection (b)(5)(F) in the conservation reserve, the Secretary may give priority to land that, as determined by the Secretary— (A) is at risk of conversion or development; (B) is affected by huanglongbing; or (C) is of ecological significance, including land that— (i) may assist in the restoration of threatened or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (ii) may assist in preventing a species from being listed as a threatened or endangered species under that Act; or (iii) improves or creates wildlife habitat corridors. (3) Incidental land In enrolling land in the conservation reserve, land owned by an owner of citrus land described in subsection (b)(5)(F) that is incidental to agricultural production may be considered for enrollment if the Secretary determines that the incidental land is at risk of conversion or development and is of ecological significance as described in paragraph (2)(C). (4) Fallow groves Not later than 180 days after the later of the first day of the period of enrollment of citrus land described in subsection (b)(5)(F) in the conservation reserve and the date on which Secretary notifies an owner or operator of the decision of the Secretary to enroll citrus land described in subsection (b)(5)(F) in the conservation reserve, the owner or operator of the citrus land enrolled in the conservation reserve shall provide evidence to the Secretary that any fallow groves that are affected by huanglongbing within the enrolled area have been removed. (5) Duration of contracts For the purpose of carrying out enrollment of citrus land described in subsection (b)(5)(F), the Secretary shall enter into contracts of not less than 1, and not more than 5, years. (6) Limitations For each of fiscal years 2024 through 2028, the total acreage of citrus land described in subsection (b)(5)(F) enrolled in the conservation reserve shall not exceed 100,000 acres. . (b) Exclusion of adjusted gross income limitation Section 1001D(b)(2)(C) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(2)(C)) is amended by striking the Food Security Act of 1985. this Act (other than a payment or benefit under the conservation reserve program under subchapter B of chapter 1 of subtitle D of that title with respect to citrus land described in section 1231(b)(5)(F)).

Conservation Reserve Program Amendments Act of 2023

Forest Incentives Program Act of 2023 This bill directs the Department of Agriculture (USDA) to establish two programs to achieve greenhouse gas emission reductions. Specifically, USDA must establish (1) a forest incentives program to achieve emission reductions and carbon sequestration on private forest land through carbon incentives contracts and conservation easement agreements, and (2) an incentives program to achieve emission reductions from material choices in buildings. USDA shall pay owners of forest land under a contract or agreement for (1) certain forestry practices that measurably increase carbon sequestration and storage over a designated period on such land, with appropriate crediting for the carbon benefits of harvested wood products; or (2) conservation easements on such land. USDA shall pay owners of nonresidential buildings used for commercial or state or local government for using less energy-intensive commercial or industrial products in new construction or building renovation.

118 S1366 IS: Forest Incentives Program Act of 2023 U.S. Senate 2023-04-27 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. 1366 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mrs. Shaheen Mrs. Capito Committee on Agriculture, Nutrition, and Forestry A BILL To require the Secretary of Agriculture to establish a forest incentives program to keep forests intact and sequester carbon on private forest land of the United States, and for other purposes. 1. Short title This Act may be cited as the Forest Incentives Program Act of 2023 2. Forest incentives program (a) Definitions In this section: (1) Carbon incentives contract; contract The term carbon incentives contract contract (A) the eligible practices that will be undertaken; (B) the acreage of eligible land on which the practices will be undertaken; (C) the agreed rate of compensation per acre; (D) a schedule to verify that the terms of the contract have been fulfilled; and (E) such other terms as are determined necessary by the Secretary. (2) Conservation easement agreement; agreement The term conservation easement agreement agreement (A) covers eligible land that will not be converted for development; (B) is enrolled under a carbon incentives contract; and (C) is consistent with the guidelines for— (i) the Forest Legacy Program established under section 7 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103c (ii) any other program approved by the Secretary for use under this section to provide consistency with Federal legal requirements for permanent conservation easements. (3) Eligible land The term eligible land (4) Eligible practice (A) In general The term eligible practice (B) Inclusions The term eligible practice (i) afforestation on nonforested land, such as marginal crop or pasture land, windbreaks, shelterbelts, stream buffers, including working land and urban forests and parks, or other areas identified by the Secretary; (ii) reforestation on forest land impacted by wildfire, pests, wind, or other stresses, including working land and urban forests and parks; (iii) improved forest management, with appropriate crediting for the carbon benefits of harvested wood products, through practices such as improving regeneration after harvest, planting in understocked forests, reducing competition from slow-growing species, thinning to encourage growth, changing rotations to increase carbon storage, improving harvest efficiency or wood use; and (iv) such other practices as the Secretary determines to be appropriate. (5) Forest incentives program; program The term forest incentives program program (6) Secretary The term Secretary (b) Supplemental greenhouse gas emission reductions in United States (1) In general The Secretary shall establish a forest incentives program to achieve supplemental greenhouse gas emission reductions and carbon sequestration on private forest land of the United States through— (A) carbon incentives contracts; and (B) conservation easement agreements. (2) Priority In selecting projects under this subsection, the Secretary shall provide a priority for contracts and agreements— (A) that sequester the most carbon on a per acre basis, with appropriate crediting for the carbon benefits of harvested wood products; and (B) that create forestry jobs or protect habitats and achieve significant other environmental, economic, and social benefits. (3) Eligibility (A) In general To participate in the program, an owner of eligible land shall— (i) enter into a carbon incentives contract; and (ii) fulfill such other requirements as the Secretary determines to be necessary. (B) Continued eligible practices An owner of eligible land who has been carrying out eligible practices on the eligible land shall not be barred from entering into a carbon incentives contract under this subsection to continue carrying out the eligible practices on the eligible land. (C) Duration of contract A contract shall be for a term of not less than 15, nor more than 30, years, as determined by the owner of eligible land. (D) Compensation under contract The Secretary shall determine the rate of compensation per acre under the contract so that the longer the term of the contract, the higher rate of compensation. (E) Relationship to other programs An owner or operator shall not be prohibited from participating in the program due to participation of the owner or operator in other Federal or State conservation assistance programs. (4) Compliance In developing regulations for carbon incentives contracts under this subsection, the Secretary shall specify requirements to address whether the owner of eligible land has completed contract and agreement requirements. (c) Incentive payments (1) In general The Secretary shall provide to owners of eligible land financial incentive payments for— (A) eligible practices that measurably increase carbon sequestration and storage over a designated period on eligible land, with appropriate crediting for the carbon benefits of harvested wood products, as specified through a carbon incentives contract; and (B) subject to paragraph (2), conservation easements on eligible land covered under a conservation easement agreement. (2) Compensation The Secretary shall determine the amount of compensation to be provided under a contract under this subsection based on the emissions reductions obtained or avoided and the duration of the reductions, with due consideration to prevailing carbon pricing as determined by any relevant or State compliance offset programs. (3) No conservation easement agreement required Eligibility for financial incentive payments under a carbon incentives contract described in paragraph (1)(A) shall not require a conservation easement agreement. (d) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations that specify eligible practices and related compensation rates, standards, and guidelines as the basis for entering into the program with owners of eligible land. (e) Set-Aside of funds for certain purposes (1) In general At the discretion of the Secretary, a portion of program funds made available under the program for a fiscal year may be used— (A) to develop forest carbon modeling and methodologies that will improve the projection of carbon gains for any forest practices made eligible under the program; (B) to provide additional incentive payments for specified management activities that increase the adaptive capacity of land under a carbon incentives contract; and (C) for the Forest Inventory and Analysis Program of the Forest Service to develop improved measurement and monitoring of forest carbon stocks. (2) Program components In establishing the program, the Secretary shall provide that funds provided under this section shall not be substituted for, or otherwise used as a basis for reducing, funding authorized or appropriated under other programs to compensate owners of eligible land for activities that are not covered under the program. (f) Program measurement, monitoring, verification, and reporting (1) Measurement, monitoring, and verification The Secretary shall establish and implement protocols that provide monitoring and verification of compliance with the terms of contracts and agreements. (2) Reporting requirement At least annually, the Secretary shall submit to Congress a report that contains— (A) an estimate of annual and cumulative reductions achieved as a result of the program, determined using standardized measures, including measures of economic efficiency; (B) a summary of any changes to the program that will be made as a result of program measurement, monitoring, and verification; (C) the total number of acres enrolled in the program by method; and (D) a State-by-State summary of the data. (3) Availability of report Each report required by this subsection shall be available to the public through the website of the Department of Agriculture. (4) Program adjustments At least once every 2 years the Secretary shall adjust eligible practices and compensation rates for future carbon incentives contracts based on the results of monitoring under paragraph (1) and reporting under paragraph (2), if determined necessary by the Secretary. (5) Estimating carbon benefits Any modeling, methodology, or protocol resource developed under this section— (A) shall be suitable for estimating carbon benefits associated with eligible practices for the purpose of incentives under this section; and (B) may be used for netting by States or emission sources under Federal programs relating to carbon emissions. (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 3. Material choices in buildings for supplemental greenhouse gas emission reductions in United States (a) Definitions In this section: (1) Eligible building The term eligible building (2) Eligible product The term eligible product (3) Program The term program (4) Secretary The term Secretary (b) Supplemental greenhouse gas emission reductions in buildings (1) In general The Secretary shall establish a greenhouse gas incentives program to achieve supplemental greenhouse gas emission reductions from material choices in buildings, based on the lifecycle assessment of the building materials. (2) Financial incentive payments The Secretary shall provide to owners of eligible buildings incentive payments for the use of eligible products in buildings for sequestering carbon based on a lifecycle assessment of the structural assemblies, as compared to a model building as a result of using eligible products in substitution for more energy-intensive materials in— (A) new construction; or (B) building renovation. (c) Program requirements (1) Applications To be eligible to participate in the program, the owner of an eligible building shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Components In establishing the program, the Secretary shall require that payments for activities under the program shall be— (A) established at a rate not to exceed the net estimated benefit an owner of an eligible building would receive for similar practices under any federally established carbon offset program, taking into consideration the costs associated with the issuance of credits and compliance with reversal provisions; (B) provided to owners of eligible buildings demonstrating at least a 20-percent reduction in carbon emissions potential, based on a lifecycle assessment of the structural assemblies, as compared to the structural assemblies of a model building, subject to the requirements that— (i) the Secretary shall identify a model baseline nonresidential building— (I) of common size and function; and (II) having a service life of not less than 60 years; and (ii) applicants shall evaluate the carbon emissions potential of the baseline building and the proposed building using the same lifecycle assessment software tool and data sets, which shall be compliant with the document numbered ISO 14044; and (C) provided on certification by the owner of an eligible building and verification by the Secretary, after consultation with the Secretary of Energy, that— (i) the eligible building meets the requirements of the applicable State commercial building energy efficiency code (as in effect on the date of the applicable permit of the eligible building); and (ii) the State has made the certification required pursuant to section 304 of the Energy Conservation and Production Act ( 42 U.S.C. 6833 (3) Incentive payments A participant in the program shall receive payment under the program on completion of construction or renovation of the applicable eligible building. (d) Reports Not less frequently than once each year, the Secretary shall submit to Congress a report that contains— (1) an estimate of annual and cumulative reductions achieved as a result of the program— (A) determined by using lifecycle assessment software that is compliant with the document numbered ISO 14044; and (B) expressed in terms of the total number of cars removed from the road; (2) a summary of any changes to the program that will be made as a result of past implementation of the program; and (3) the total number of buildings under carbon incentives contracts as of the date of the report. (e) Analytical requirements For purposes of this section— (1) any carbon emissions potential calculation shall— (A) be performed in accordance with standard lifecycle assessment practice; and (B) include removal and sequestration of carbon dioxide from the use of biobased products, as well as recycled content materials; (2) a full lifecycle assessment shall be conducted taking into consideration all lifecycle stages, including— (A) resource extraction and processing; (B) product manufacturing; (C) onsite construction of assemblies; (D) transportation; (E) maintenance and replacement cycles over an assumed eligible building service life of 60 years; and (F) demolition; (3) structural assemblies shall be considered to include columns, beams, girders, purlins, floor deck, roof, and structural envelope elements; (4) primary materials shall be considered to include common products used as the structural system, such as wood, steel, concrete, or masonry; and (5) the effects of recycling, reuse, or energy recovery beyond the boundaries of an applicable study system shall not be taken in account. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section.

Forest Incentives Program Act of 2023

Preventing PLA Acquisition of United States Technology Act of 2023 This bill prohibits certain types of scientific research or technical exchange between specified U.S. and Chinese entities. The bill's prohibition concerns research or exchange that could develop technologies identified by the Chinese Communist Party as priorities for its strategy to mobilize non-military resources and expertise for military application. Examples of such technologies include quantum computing, lasers, robotics, semiconductors, and aerospace technology. The bill prohibits such research or exchange if it is conducted between (1) federal agencies that engage in research or provide funding for research, institutions of higher education or private research institutes that receive federal financial assistance, or companies headquartered in the United States that receive federal financial assistance; and (2) certain Chinese entities with connections to China's military, such as universities that receive funding from China's military or that host military laboratories. The bill also requires the Department of Defense to establish and periodically update a website that includes a list of specific areas of research and exchange subject to this prohibition.

118 S1368 IS: Preventing PLA Acquisition of United States Technology Act of 2023 U.S. Senate 2023-04-27 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. 1368 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Rubio Mrs. Blackburn Mr. Scott of Florida Mr. Braun Committee on Foreign Relations A BILL To counter the military-civil fusion strategy of the Chinese Communist Party and prevent United States contributions to the development of dual-use technology in China. 1. Short title This Act may be cited as the Preventing PLA Acquisition of United States Technology Act of 2023 2. Countering the Military-Civil Fusion strategy of the Chinese Communist Party (a) Definitions In this section: (1) Chinese entity of concern The term Chinese entity of concern (A) any college or university in the People's Republic of China that is determined by the Secretary of Defense to be involved in the implementation of the military-civil fusion strategy, including— (i) any college or university known as the Seven Sons of National Defense (ii) any college or university that receives funding from— (I) the People's Liberation Army; or (II) the Equipment Development Department, or the Science and Technology Commission, of the Central Military Commission; (iii) any college or university in the People's Republic of China involved in military training and education, including any such college or university in partnership with the People's Liberation Army; (iv) any college or university in the People's Republic of China that conducts military research or hosts dedicated military initiatives or laboratories, including such a college or university designated under the double first-class university plan (v) any college or university in the People's Republic of China that is designated by the State Administration for Science, Technology, and Industry for the National Defense to host joint construction (vi) any college or university in the People's Republic of China that has launched a platform for military-civil fusion or created national defense laboratories; and (vii) any college or university in the People’s Republic of China that conducts research or hosts dedicated initiatives or laboratories for any other related security entity beyond the People’s Liberation Army, including the People’s Armed Police, the Ministry of Public Security, and the Ministry of State Security; (B) any enterprise for which the majority shareholder or ultimate parent entity is the Government of the People’s Republic of China at any level of that government; (C) any privately owned company in the People's Republic of China— (i) that has received a military production license, such as the Weapons and Equipment Research and Production Certificate, the Equipment Manufacturing Unit Qualification, the Weapons and Equipment Quality Management System Certificate, or the Weapons and Equipment Research and Production Unit Classified Qualification Permit; (ii) that is otherwise known to have set up mechanisms for engaging in activity in support of military initiatives; (iii) that has a history of subcontracting for the People's Liberation Army or its affiliates; (iv) that is participating in, or receiving benefits under, a military-civil fusion demonstration base; or (v) that has an owner, director, or a senior management official who has served as a delegate to the National People’s Congress, a member of the Chinese People’s Political Consultative Conference, or a member of the Central Committee of the Chinese Communist Party; and (D) any entity that— (i) is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 (ii) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury. (2) Covered entity The term covered entity (A) any Federal agency that engages in research or provides funding for research, including the National Science Foundation and the National Institutes of Health; (B) any institution of higher education, or any other private research institution, that receives any Federal financial assistance; and (C) any private company headquartered in the United States that receives Federal financial assistance. (3) Federal financial assistance The term Federal financial assistance (4) Military-civil fusion strategy The term military-civil fusion strategy (b) Prohibitions (1) In general No covered entity may engage with a Chinese entity of concern in any scientific research or technical exchange that has a direct bearing on, or the potential for dual use in, the development of technologies that the Chinese Communist Party has identified as a priority of its national strategy of military-civil fusion and that are listed on the website under subsection (c)(1)(A). (2) Private partnerships No covered entity described in subsection (a)(2)(C) may form a partnership or joint venture with another such covered entity for the purpose of engaging in any scientific research or technical exchange described in paragraph (1). (c) Website (1) In general The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall establish, and periodically update not less than twice a year, a website that includes— (A) a list of the specific areas of scientific research or technical exchange for which the prohibitions under subsection (b) apply, which shall initially include some or all aspects of the fields of quantum computing, photonics and lasers, robotics, big data analytics, semiconductors, new and advanced materials, biotechnology (including synthetic biology and genetic engineering), 5G and all future generations of telecommunications, advanced nuclear technology (including nuclear power and energy storage), aerospace technology, and artificial intelligence; and (B) to the extent practicable, a list of all Chinese entities of concern. (2) List of specific areas In developing the list under paragraph (1)(A), the Secretary of Defense shall monitor and consider the fields identified by the State Administration for Science, Technology, and Industry for the National Defense of the People's Republic of China as defense-relevant and consider, including the more than 280 fields of study designated as of the date of enactment of this Act, and any others designated thereafter, as disciplines with national defense characteristics that have the potential to support military-civil fusion. (3) Resources In establishing the website under paragraph (1), the Secretary of Defense may use as a model any existing resources, such as the China Defense Universities Tracker maintained by the Australian Strategic Policy Institute, subject to any other laws applicable to such resources. (d) Exception The prohibitions under subsection (b) shall not apply to any collaborative study or research project in fields involving information that would not contribute substantially to the goals of the military‑civil fusion strategy, as determined by regulations issued by the Secretary of Defense. (e) Annual reporting requirements (1) In general Not later than 180 days after the date of enactment of this Act, and December 31 of each year thereafter, each covered entity shall submit to the Secretary of Defense a report that discloses— (A) any research relationships the covered entity has with a Chinese entity of concern or has had during the previous year; (B) any research relationships the covered entity has considered with a Chinese entity of concern during the previous year and declined; and (C) any research relationships the covered entity has terminated with a Chinese entity of concern during the previous year because the relationship violates subsection (b) or as a result of related concerns. (2) Audit The Secretary of Defense may enter into a contract with an independent entity to conduct an audit of any report submitted under paragraph (1) to ensure compliance with the requirements of such paragraph. (f) Enforcement (1) In general Notwithstanding any other provision of law, a covered entity described in subparagraph (B) or (C) of subsection (a)(2) that violates a prohibition under subsection (b), or violates subsection (e), on or after the date of enactment of this Act shall be precluded from receiving any Federal financial assistance on or after the date of such violation. (2) Regulations The Secretary of Defense, in consultation with the Secretary of State, the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Energy, the Secretary of Education, the Secretary of the Treasury, and the Secretary of Commerce, shall— (A) promulgate regulations to enforce the prohibitions under subsection (b), the auditing requirements under subsection (e), and the requirement under paragraph (1); and (B) coordinate with the heads of other Federal agencies to ensure the enforcement of such prohibitions and requirements.

Preventing PLA Acquisition of United States Technology Act of 2023

Fair Access to Small Business Lending Act of 2023 This bill requires the Small Business Administration (SBA) to carry out an initiative to expand the availability of 7(a) loans to small businesses that are located in low- or moderate-income neighborhoods. (Under the 7(a) Program, the SBA provides business loans and loan guaranties to small business borrowers unable to obtain financing elsewhere.) The SBA must expand authorization for providing 7(a) loans to lenders that meet the criteria to make such loans but have not otherwise been approved to do so. Such lenders must ensure that at least 50% of loans they make that are guaranteed pursuant to the bill are made to small businesses in low- or moderate-income neighborhoods.

118 S1369 IS: Fair Access to Small Business Lending Act of 2023 U.S. Senate 2023-04-27 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. 1369 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Rubio Committee on Small Business and Entrepreneurship A BILL To expand access to capital in underserved markets by providing resources for the Small Business Administration to approve additional Non-Federally Regulated Lenders to make business loans guaranteed by the Small Business Administration to small business concerns in low-income and moderate-income neighborhoods. 1. Short title This Act may be cited as the Fair Access to Small Business Lending Act of 2023 2. Fair access to small business lending Section 7(a)(17) of the Small Business Act ( 15 U.S.C. 636(a)(17) (1) by striking (17) The Administration (17) Authorization of lenders (A) In general The Administration ; and (2) by adding at the end the following: (B) Access to capital for underserved markets (i) Definitions In this subparagraph— (I) the term covered Non-Federally Regulated Lender (aa) has not been approved to make loans guaranteed under this subsection; and (bb) meets the applicable criteria for authorizing lenders to make loans guaranteed under this subsection; and (II) the term low or moderate-income neighborhood 12 U.S.C. 2901 et seq. (ii) Initiative (I) In general The Administrator, acting through the Office of Credit Risk Management, shall carry out an initiative to authorize covered Non-Federally Regulated Lenders to make loans guaranteed under this subsection that is targeted to expanding the availability of loans guaranteed under this subsection to small business concerns that are located in a low or moderate-income neighborhood. (II) Authority Under the initiative under subclause (I), the Administrator may not approve a covered Non-Federally Regulated Lender to only be eligible to make loans guaranteed under the Community Advantage Pilot Program of the Administration. (III) Lenders A covered Non-Federally Regulated Lender that becomes authorized to make loans guaranteed under this subsection under the initiative under subclause (I) shall ensure that not less than 50 percent of the loans made by the covered Non-Federally Regulated Lender that are guaranteed under this subsection are made to small business concerns that are located in a low or moderate-income neighborhood. (iii) Funding For fiscal year 2023, and each fiscal year thereafter, there is appropriated to the Administrator, out of any money in the Treasury not otherwise appropriated, such sums as are necessary to carry out the initiative under clause (ii). .

Fair Access to Small Business Lending Act of 2023

Fred Korematsu Congressional Gold Medal Act of 2023 This bill provides for the award of a Congressional Gold Medal posthumously to Fred Korematsu in recognition of his contributions to civil rights, his loyalty and patriotism to the nation, and his dedication to justice and equality.

118 S137 IS: Fred Korematsu Congressional Gold Medal 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. 137 IN THE SENATE OF THE UNITED STATES January 30, 2023 Ms. Hirono Ms. Duckworth Ms. Baldwin Mr. Blumenthal Mr. Booker Mr. Casey Ms. Cortez Masto Ms. Hassan Mr. Kaine Mr. King Ms. Klobuchar Mr. Menendez Mr. Merkley Mrs. Murray Mr. Padilla Ms. Smith Mr. Whitehouse Mr. Wyden Committee on Banking, Housing, and Urban Affairs A BILL To award posthumously a Congressional Gold Medal to Fred Korematsu, in recognition of his contributions to civil rights, his loyalty and patriotism to the United States, and his dedication to justice and equality. 1. Short title This Act may be cited as the Fred Korematsu Congressional Gold Medal Act of 2023 2. Findings Congress finds the following: (1) On January 30, 1919, Fred Toyosaburo Korematsu was born in Oakland, California, to Japanese immigrants. (2) Fred Korematsu graduated from Castlemont High School in 1937 and attempted to enlist in the military twice but was unable to do so because his selective service classification was changed to enemy alien, even though Fred Korematsu was a United States citizen. (3) Fred Korematsu trained as a welder and worked as a foreman at the docks in Oakland until the date on which he and all Japanese Americans were fired. (4) On December 7, 1941, Japan attacked the military base in Pearl Harbor, Hawaii, causing the United States to declare war against Japan. (5) On February 19, 1942, President Franklin D. Roosevelt signed Executive Order 9066 (7 Fed. Reg. 1407 (February 25, 1942)), which authorized the Secretary of War to prescribe military areas— (A) from which any or all people could be excluded; and (B) with respect to which, the right of any person to enter, remain in, or leave would be subject to any restriction the Military Commander imposed in his discretion. (6) On May 3, 1942, the Lieutenant General of the Western Command of the Army issued Civilian Exclusion Order 34 (May 3, 1942) (referred to in this Act as the Civilian Exclusion Order (7) Fred Korematsu refused to comply with the Civilian Exclusion Order and was arrested on May 30, 1942. (8) After his arrest, Fred Korematsu— (A) was held for 2½ months in the Presidio stockade in San Francisco, California; (B) was convicted on September 8, 1942, of violating the Civilian Exclusion Order and sentenced to 5 years of probation; and (C) was detained at Tanforan Assembly Center, a former horse racetrack used as a holding facility for Japanese Americans before he was exiled with his family to the Topaz incarceration camp in the State of Utah. (9) More than 120,000 Japanese Americans were similarly detained, with no charges brought and without due process, in 10 permanent War Relocation Authority camps located in isolated desert areas of the States of Arizona, Arkansas, California, Colorado, Idaho, Utah, and Wyoming. (10) The people of the United States subject to the Civilian Exclusion Order lost their homes, livelihoods, and the freedoms guaranteed to all people of the United States. (11) Fred Korematsu unsuccessfully challenged the Civilian Exclusion Order as it applied to him and appealed the decision of the United States District Court to the United States Court of Appeals for the Ninth Circuit, which sustained his conviction. (12) Fred Korematsu was subsequently confined with his family in the incarceration camp in Topaz, Utah, for 2 years, and during that time, Fred Korematsu appealed his conviction to the Supreme Court of the United States. (13) On December 18, 1944, the Supreme Court of the United States issued Korematsu v. United States, 323 U.S. 214 (1944), which— (A) upheld the conviction of Fred Korematsu by a vote of 6 to 3; and (B) concluded that Fred Korematsu was removed from his home not based on hostility toward him or other Japanese Americans but because the United States was at war with Japan and the military feared a Japanese invasion of the West Coast. (14) In his dissenting opinion in Korematsu v. United States, 323 U.S. 214 (1944), Justice Frank Murphy called the Civilian Exclusion Order the legalization of racism (15) Two other Supreme Court Justices dissented from the majority decision in Korematsu v. United States, including Justice Jackson who described the validation of the principle of racial discrimination as a loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need (16) Fred Korematsu continued to maintain his innocence for decades following World War II, and his conviction hampered his ability to gain employment. (17) In 1982, legal historian Peter Irons and researcher Aiko Yoshinaga-Herzig gained access to Government documents under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act (18) In light of the newly discovered information, Fred Korematsu filed a writ of error coram nobis with the United States District Court for the Northern District of California, and on November 10, 1983, United States District Judge Marilyn Hall Patel issued her decision in Korematsu v. United States, 584 F. Supp. 1406 (N.D. Cal. 1984), that— (A) overturned the Federal conviction of Fred Korematsu; (B) concluded that, at the time that senior Government officials presented their case before the Supreme Court of the United States in 1944, the senior Government officials knew there was no factual basis for the claim of military necessity for the Civil Exclusion Order; (C) acknowledged that the government knowingly withheld information from the courts when they were considering the critical question of military necessity (D) recognized that there is substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court. The information was critical to the court’s determination (E) stated that although the decision of the Supreme Court of the United States in Korematsu v. United States, 323 U.S. 214 (1944), remains on the pages of United States legal and political history, [a]s historical precedent it stands as a constant caution that in times of war or declared military necessity our institutions must be vigilant in protecting constitutional guarantees (19) The Commission on Wartime Relocation and Internment of Civilians, authorized by Congress in 1980 to review the facts and circumstances surrounding the relocation and incarceration of Japanese Americans under Executive Order 9066 (7 Fed. Reg. 1407 (February 25, 1942)), concluded that— (A) the decision of the Supreme Court of the United States in Korematsu v. United States, 323 U.S. 214 (1944), is overruled by the court of history; (B) a grave personal injustice was done to the United States citizens and resident aliens of Japanese ancestry who, without individual review or any probative evidence against them, were excluded, removed, and detained by the United States during World War II; and (C) the exclusion, removal, and detention of United States citizens and resident aliens of Japanese ancestry were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership (20) The overturning of the conviction of Fred Korematsu and the findings of the Commission on Wartime Relocation and Internment of Civilians influenced the decision by Congress to pass the Civil Liberties Act of 1988 ( 50 U.S.C. 4211 et seq. (21) On August 10, 1988, President Reagan signed the Civil Liberties Act of 1988 ( 50 U.S.C. 4211 et seq. [H]ere we admit a wrong; here we reaffirm our commitment as a nation to equal justice under the law. (22) On January 15, 1998, President Clinton awarded the Presidential Medal of Freedom, the highest civilian award of the United States, to Fred Korematsu, stating, [i]n the long history of our country’s constant search for justice, some names of ordinary citizens stand for millions of souls: Plessy, Brown, Parks. To that distinguished list, today we add the name of Fred Korematsu. (23) Fred Korematsu remained a tireless advocate for civil liberties and justice throughout his life by— (A) speaking out against racial discrimination and violence; and (B) cautioning the Federal Government against repeating mistakes of the past that singled out individuals for heightened scrutiny on the basis of race, ethnicity, nationality, or religion. (24) On March 30, 2005, Fred Korematsu died at the age of 86 in Marin County, California. (25) Fred Korematsu is a role model for all people of the United States who love the United States and the promises contained in the Constitution of the United States, and the strength and perseverance of Fred Korematsu serve as an inspiration for all people who strive for equality and justice. 3. Congressional Gold Medal (a) Presentation Authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a single gold medal of appropriate design in commemoration to Fred Korematsu, in recognition of his contributions to civil rights, his loyalty and patriotism to the United States, and his dedication to justice and equality. (b) Design and Striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary Fred Korematsu (c) Smithsonian Institution (1) In general Following the award of the gold medal in honor of Fred Korematsu, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at the National Portrait Gallery, and that preference should be given to locations affiliated with the Smithsonian Institution. 4. Duplicate Medals The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of Medals (a) National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 (b) Numismatic Items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

Fred Korematsu Congressional Gold Medal Act of 2023

Small Business Credit Protection Act of 2023 This bill establishes requirements related to breaches of data belonging to small businesses. Specifically, a consumer reporting agency must promptly report any breach of nonpublic small business data. In the event of a breach, a consumer reporting agency may not charge a small business for a credit report. Additionally, the Government Accountability Office must report on the economic harm to small businesses resulting from data breaches at consumer reporting agencies.

118 S1371 IS: Small Business Credit Protection Act of 2023 U.S. Senate 2023-04-27 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. 1371 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Rubio Mr. Warnock Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to require that consumer reporting agencies and other credit reporting companies provide certain protections to small businesses, and for other purposes. 1. Short title This Act may be cited as the Small Business Credit Protection Act of 2023 2. Data breaches (a) In general 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. Data breaches (a) Definition In this section— (1) the term consumer report 15 U.S.C. 1681a (2) the term credit reporting company (A) has the meaning given the term consumer reporting agency 15 U.S.C. 1681a (B) includes any entity that collects commercial credit data. (b) Requirements for reporting breaches (1) Applicable State law (A) In general Except as provided in paragraph (2), if nonpublic data of a small business concern that is collected or stored by a credit reporting company has been breached, the credit reporting company shall report the breach promptly and not later than as required under the law of the State in which the small business concern is located. (B) Locations in multiple States If a small business concern that is affected by a breach described in subparagraph (A) has locations in more than 1 State, for the purposes of that subparagraph, the law of the State that imposes the shortest period for the reporting of the breach shall apply. (2) Exception (A) In general If a small business concern that is affected by a breach described in paragraph (1)(A) is located in a State that does not have a law that imposes a set period for the reporting of the breach, the credit reporting company to which the requirement under that paragraph applies shall report the breach in the most expeditious manner practicable and without unreasonable delay. (B) Rule of construction regarding a law enforcement request For the purposes of subparagraph (A), a delay with respect to the reporting of a breach described in that subparagraph that is caused by a requirement to respond to a request submitted by a law enforcement agency shall be construed to be a reasonable delay. (c) Prohibition During the 180-day period beginning on the date on which a breach described in subsection (b)(1)(A) occurs, a credit reporting company may not charge a small business concern that is affected by that breach for providing the small business concern with the consumer report of the small business concern. (d) No preemption Nothing in this section shall preempt any State law with respect to credit reporting companies. . (b) GAO report (1) Definitions In this subsection— (A) the term credit reporting company (i) has the meaning given the term consumer reporting agency 15 U.S.C. 1681a (ii) includes any entity that collects commercial credit data; and (B) the term small business concern 15 U.S.C. 632 (2) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report regarding the economic harm incurred by small business concerns as a result of data breaches at credit reporting companies.

Small Business Credit Protection Act of 2023

Preventing SBA Assistance from Going to China Act of 2023 This bill prohibits the Small Business Administration from providing aid, counsel, or assistance to a small business concern that (1) is headquartered in China, or (2) has more than 25% of voting stock owned by citizens of China.

118 S1372 IS: Preventing SBA Assistance from Going to China Act of 2023 U.S. Senate 2023-04-27 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. 1372 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Rubio Committee on Small Business and Entrepreneurship A BILL To prohibit certain business concerns from receiving assistance from the Small Business Administration, and for other purposes. 1. Short title This Act may be cited as the Preventing SBA Assistance from Going to China Act of 2023 2. Prohibition on affiliation with the People's Republic of China (a) In general Section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) (10) Prohibition on affiliation with the People's Republic of China For purposes of this Act, a small business concern may not— (A) be headquartered in the People's Republic of China; or (B) have more than 25 percent of the voting stock of the small business concern owned by affiliates that are citizens of the People's Republic of China. . (b) Regulations and guidance The Administrator of the Small Business Administration shall amend the regulations and guidance of the Administration, including sections 120.100, 120.110, and 121.105 of title 13, Code of Federal Regulations, to carry out the amendment made by this Act.

Preventing SBA Assistance from Going to China Act of 2023

Naloxone Affordability Act of 2023 This bill requires the Government Accountability Office to study health insurance coverage and out-of-pocket costs for naloxone as an over-the-counter medication. Naloxone is a medication that temporarily reverses opioid overdoses. Historically, naloxone required a prescription and so was typically covered by health insurance. However, the Food and Drug Administration approved a naloxone nasal spray (sold under the brand name Narcan) for use without a prescription on March 29, 2023, and health insurance does not generally cover over-the-counter medications.

118 S1373 IS: Naloxone Affordability Act of 2023 U.S. Senate 2023-04-27 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. 1373 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Markey Mr. Booker Mr. Marshall Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To increase access to medication for opioid overdose reversal, and for other purposes. 1. Short title This Act may be cited as the Naloxone Affordability Act of 2023 2. GAO study on naloxone access (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on actions that may be taken to protect access to naloxone for individuals seeking to purchase naloxone. Such study shall address— (1) coverage of naloxone (in any available form) as an over-the-counter product— (A) under a group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 (B) for individuals entitled to benefits under part A or enrolled under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 42 U.S.C. 1396 et seq. (2) the out-of-pocket cost to consumers purchasing naloxone under any such plan or coverage. (b) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains the findings of the study conducted under subsection (a).

Naloxone Affordability Act of 2023

Visitable Inclusive Tax credits for Accessible Living (VITAL) Act This bill increases the low-income housing tax credit to serve the housing needs of older people and people with disabilities. Specifically, the bill increases state allocations of the credit and credit amounts for projects for assisting households with disabled individuals. The bill requires each state housing finance agency to establish and operate a Resource Center for the Low-Income Housing Tax Credit Program to support new program applicants and recipients. It also establishes a National Low-Income Housing Tax Credit Advisory Council to provide best practice recommendations to state housing finance agencies and other entities relating to affordable housing trends.

118 S1377 IS: Visitable Inclusive Tax credits for Accessible Living (VITAL) Act U.S. Senate 2023-04-27 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. 1377 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Casey Ms. Duckworth Mrs. Gillibrand Ms. Klobuchar Mr. Welch Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to improve the low-income housing credit. 1. Short title This Act may be cited as the Visitable Inclusive Tax credits for Accessible Living (VITAL) Act 2. Purpose The purposes of this Act are to— (1) increase low-income housing tax credits to increase the stock of disability-accessible and affordable housing; (2) ensure that States are using the Federal tax credits to construct housing that will meet the needs of an aging population and currently underserved populations such as households with people with disabilities; (3) encourage States to make sure older adults and underserved populations are integrated into their community and can fully participate in society; and (4) increase technical assistance, awareness, knowledge, and understanding of the low-income housing credit program and the housing needs of older adults and people with disabilities. 3. Findings Congress makes the following findings: (1) By 2060, 1 in every 4 Americans will be over age 65, and currently, 2 in 5 adults over age 65 have a disability. As people age, they need structurally safe and functional housing that accommodates people with disabilities. (2) Approximately 26 percent of people in the United States have a disability, yet less than 6 percent of the national housing supply is designed to be even rudimentarily accessible. (3) An accessible home offers specific features or technologies such as lowered kitchen counters and sinks, widened doorways, and zero-step showers. (4) A lack of affordable and accessible housing can relegate people with disabilities to living in institutional settings when they would prefer to live in a community setting. (5) Older adults and people with disabilities prefer to remain in their homes for as long as possible. More than 89 percent of adults aged 65 and over hope to stay in their homes as they age. (6) Older adults and people with disabilities must be able to run errands, work, visit family and friends, and keep doctor appointments, while not always being able to drive. Accessible and affordable public transit options and walkable and roll-able neighborhoods allow older adults and people with disabilities to remain independent and active in their communities. (7) Many older adults and people with disabilities are experiencing an affordability crisis. Approximately 4,800,000 non-institutionalized people with disabilities who depend on Federal monthly Supplemental Security Income have incomes averaging only about $9,156 per year, low enough to be priced out of every rental housing market in the nation. 4. Increases in State allocations (a) In general Clause (ii) of section 42(h)(3)(C) (1) by striking $1.75 $4.47 (2) by striking $2,000,000 $5,154,965 (b) Cost-of-Living adjustment Subparagraph (H) of section 42(h)(3) (1) by striking 2002 2023 (2) by striking the $2,000,000 and $1.75 amounts in subparagraph (C) the $5,154,965 and $4.47 amounts in subparagraph (C) (3) by striking 2001 2022 (4) by striking $2,000,000 amount $5,154,965 (5) by striking $1.75 amount $4.47 (c) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2023. 5. Tax-exempt bond financing requirement (a) In general Subparagraph (B) of section 42(h)(4) In the case of buildings financed by an obligation first taken into account under section 146 in calendar years beginning after 2023, the preceding sentence shall be applied by substituting 25 percent 50 percent (b) Effective date The amendment made by this section shall apply to buildings placed in service in taxable years beginning after December 31, 2023. 6. Increase in credit for projects designated to serve households with people with disabilities (a) In general Paragraph (5) of section 42(d) (C) Increase in credit for projects designated to serve households with people with disabilities (i) In general In the case of any building— (I) 50 percent or more of the low-income units in the building are units designated by the taxpayer to meet the applicable design standards for occupancy by persons with mental, physical, sensory, or developmental disabilities, (II) which is located in a census block group designated by the Environmental Protection Agency as being— (aa) above average or better in terms of walkability, or (bb) adjacent to 2 or more census tracts described in item (aa), and (III) which is designated by the housing credit agency as requiring the increase in credit under this subparagraph in order for such building to be financially feasible as part of a qualified low-income housing project, subparagraph (B) shall not apply to the portion of such building which is comprised of such units, and the eligible basis of such portion of the building shall be 130 percent of such basis determined without regard to this subparagraph. (ii) Design standards For purposes of clause (i)(I), the term applicable design standards . (b) Effective date The amendment made by this section shall apply to buildings which receive allocations of housing credit dollar amount or, in the case of projects financed by tax-exempt obligations as described in section 42(h)(4) 7. Requirement for projects designated to serve households with people with disabilities (a) In general Paragraph (1) of section 42(m) (E) Projects designated to serve households with people with disabilities (i) In general The qualified allocation plan shall ensure that, with respect to any 3-year period, the applicable percentage is not less than 40 percent. (ii) Applicable percentage For purposes of this subparagraph, the applicable percentage is the ratio (expressed as a percentage) of— (I) the number of low-income units in all projects receiving an allocation of the housing credit dollar amount during such period which meet the requirements of subclause (I) of subsection (d)(5)(C)(i), to (II) the aggregate number of all low-income units in all projects receiving an allocation of the housing credit dollar amount during such period. (iii) Special rule For purposes of clause (ii)(I), any low-income unit which is part of a project which meets the requirements of both subclause (I) and subclause (II) of subsection (d)(5)(C)(i) shall be counted twice. . (b) Effective date The amendment made by this section shall apply to buildings which receive allocations of housing credit dollar amount or, in the case of projects financed by tax-exempt obligations as described in section 42(h)(4) 8. Resource Centers for the Low-Income Housing Tax Credit Program (a) Definitions In this section: (1) Center The term Center (2) Program The term Program section 42(h) (b) Establishment Each State housing finance agency shall establish and operate a Resource Center for the Low-Income Housing Tax Credit Program to support new applicants and recipients for the Program in the State by— (1) providing potential applicants and recipients with information and technical assistance to effectively prepare and submit a Program application; (2) ensuring that all interested and eligible entities have the tools to apply for the Program; (3) prioritizing providing assistance to nonprofit and first-time developers applying for the Program; (4) identifying potential barriers to preparing and submitting a successful application for the Program; (5) prioritizing providing assistance to developers dedicated to serving communities who have faced a history of housing discrimination; and (6) proposing streamlined solutions to those barriers that the State and each locality within the State can adopt. (c) Operating standards and reporting requirements Each State housing finance agency shall develop and issue operating standards and reporting requirements for the Center established by the agency. (d) Set aside There is authorized to be appropriated $8,250,000 for fiscal year 2024 and each fiscal year thereafter to carry out this section, of which $150,000 shall be allocated each fiscal year to each State housing finance agency located in— (1) a State of the United States; (2) the District of Columbia; or (3) a territory of the United States. 9. National low-income housing tax credit advisory council (a) Definitions In this section: (1) Council The term Council (2) Covered property The term covered property section 42 (b) Establishment There is established a National Low-Income Housing Tax Credit Advisory Council. (c) Membership (1) Selection; chair The Council shall be comprised of members selected by a designee jointly selected by the Secretary of Housing and Urban Development and the Secretary of the Treasury, who shall serve as chair of the Council. (2) Members The Council shall be composed of not less than 1 representative from each of the following groups: (A) Community-based organizations that support individuals with disabilities living in covered properties. (B) Community-based organizations that support older adults living in covered properties. (C) Community-based organizations that support veterans living in covered properties. (D) Community-based organizations that support families and children living in covered properties. (E) A multi-State not-for-profit housing developer. (F) A multi-State for-profit housing developer. (G) Investors or syndicators of funds to which credits allocated under section 42 (H) The research community. (I) State housing finance agencies. (J) Community-based organizations that support individuals protected from discrimination under the Fair Housing Act ( 42 U.S.C. 3601 et seq. (3) Qualifications The members of the Council shall— (A) have a lived experience as part of the group they represent; and (B) represent a diversity of— (i) educational and professional backgrounds; (ii) racial, ethnic, gender, and linguistic identities; (iii) disabilities, including intellectual disabilities; (iv) ages; and (v) geographic locations. (4) Duration Each member of the Council shall be appointed for a period of 3 years and may be re-appointed for an additional term. (d) Duties The Council shall provide best practice recommendations and resources to State housing finance agencies, developers, investors, and consumers related to national trends in the development of affordable housing under section 42 (e) Report (1) In general The Council shall submit to each State housing finance agency and the Secretary of Housing and Urban Development a report, which shall be submitted not less frequently than once every 3 years, with final recommendations on best practices to— (A) fulfill the mission of the credits allocated under section 42 (B) serve the needs of individuals with disabilities and older adults; and (C) study the effects of factors such as zoning, land use requirements, location, and cost of affordable housing developments. (2) Public availability Upon receiving a report submitted under paragraph (1), the Secretary of Housing and Urban Development shall make the report available to the public. (f) Authorization of appropriations There is authorized to be appropriated $15,000,000 for fiscal year 2024 and each fiscal year thereafter to carry out this section, which amounts shall be provided to the Council to cover the costs of travel and the necessary operations of the Council.

Visitable Inclusive Tax credits for Accessible Living (VITAL) Act

Excess Urban Heat Mitigation Act of 2023 This bill requires the Department of Housing and Urban Development (HUD) to establish a grant program for state, tribal, territorial, and local governments; metropolitan planning organizations; and certain nonprofits (or consortia of nonprofits) to carry out activities to mitigate or manage heat in urban areas. Eligible activities under the program include the implementation, construction, or maintenance of tree planting, green roofs, shade structures, cooling centers, and community gardens, as well as outreach to the community and education efforts. HUD's Office of Community Planning and Development must coordinate on the program with the Environmental Protection Agency, the National Oceanic and Atmospheric Administration's Climate Program Office, and the Forest Service.

118 S1379 IS: Excess Urban Heat Mitigation Act of 2023 U.S. Senate 2023-04-27 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. 1379 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Brown Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of Housing and Urban Development to establish an excess urban heat mitigation grant program, and for other purposes. 1. Short title This Act may be cited as the Excess Urban Heat Mitigation Act of 2023 2. Findings Congress finds the following: (1) Heat stress is a leading weather-related cause of death in the United States, with more than 600 people killed in the United States by extreme heat every year, and many more experiencing respiratory problems and heat-related illness. (2) Urban areas are likely to experience higher temperatures than surrounding areas due to design-related attributes of the built environment, including manmade factors such as low solar reflectance, low vegetation and tree cover, high building density, high impervious surface cover, and waste heat emissions. (3) Underserved communities are disproportionately impacted by extreme heat. In the United States, low-income census blocks have 15.2 percent less tree cover and an average land surface temperature that is 1.5 degrees Celsius hotter than high-income blocks. (4) Studies show that in 97 percent of the largest urbanized areas in the United States, people of color live in census tracts with higher surface urban heat intensity than non-Hispanic Whites, indicating that heat exposure is unequally distributed by race. (5) Urban heat is not only a public health threat but also an economic one, as rising heat leads to increased roadway maintenance costs, higher residential and commercial summer energy costs, and lost labor productivity, as well as the cost to patients and health care infrastructure for heat-related hospitalizations and emergency department visits. (6) Excess urban heat causes increased energy consumption, elevated emission of air pollutants and greenhouse gases, and impaired water quality. (7) Heat waves are expected to not only occur more frequently in the United States but also be of longer duration, lasting 10 to 20 days longer by the end of the century. (8) Solutions exist that communities can implement now to mitigate the challenge of urban heat. One example is the planting of urban trees to offset or reverse the urban heat island effect. Studies in multiple cities in the United States have shown that urban trees can offset projected increases in heat-related mortality in 2050 by 40 to 99 percent. 3. Definitions In this Act: (1) Covered census tract The term covered census tract hazardous definitely declining (2) Covered grant The term covered grant (3) Eligible entity The term eligible entity (A) a State (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 (B) a metropolitan planning organization; (C) a unit of general local government (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 (D) an Indian tribe (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 (E) a territorial government; (F) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (E); and (G) a consortium of nonprofit organizations. (4) Eligible project The term eligible project (A) means a project designed to mitigate or manage heat in an urban area by— (i) working to mitigate the causes of higher temperatures; or (ii) managing the impacts of higher temperatures or other extreme weather events; and (B) includes the implementation, construction, or maintenance of— (i) tree planting and maintenance with, wherever possible, preference for— (I) native tree species; (II) tree species with high shade production and carbon sequestration; and (III) tree species that are valuable for food production; (ii) cool pavements; (iii) cool roofs; (iv) green roofs; (v) bus and other transit stop shelters; (vi) shade structures; (vii) cooling centers with, wherever possible, preference for— (I) cooling centers that collaborate with existing community centers and spaces; (II) cooling centers with year-round accessibility, and (III) cooling centers that utilize renewable energy; (viii) community gardens, including agroforestry practices; (ix) outreach to communities about resources available under this section; (x) local heat mitigation and management education efforts; (xi) urban forestry master plans; (xii) urban tree canopy assessments; (xiii) arboriculture training; (xiv) maintenance of existing urban trees; or (xv) other actions the Secretary determines appropriate to mitigate or manage excess urban heat. (5) Environmental justice The term environmental justice (6) Excess urban heat effect The term excess urban heat effect (7) Extreme heat The term extreme heat (8) Nonprofit organization The term nonprofit organization section 501(c)(3) (9) Secretary The term Secretary (10) Urban area The term urban area (11) Urban forestry master plan The term urban forestry master plan (12) Urban tree canopy assessment The term urban tree canopy assessment 4. Urban Heat Mitigation and Management Grant Program (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Office of Community Planning and Development, in coordination with the Administrator of the Environmental Protection Agency, the Chief of the Forest Service, and the Director of the Climate Program Office of the National Oceanic and Atmospheric Administration, shall establish an urban heat mitigation and management grant program to award grants to eligible entities to implement eligible projects. (b) Set-Aside Not less than 75 percent of the amounts of covered grants awarded for a fiscal year shall be awarded to eligible entities to implement projects in a covered census tract. (c) Technical assistance (1) In general Not more than 3 percent of amounts appropriated to carry out this section may be used to provide technical assistance to eligible entities applying for or implementing a covered grant. (2) Preference In providing technical assistance under paragraph (1), the Secretary shall give preference to eligible entities that intend to serve communities— (A) located in a covered census tract; or (B) with lower-tree canopy and higher maximum daytime summer temperatures compared to surrounding communities, as determined by the Secretary, based on publicly available information. (3) Inclusions Technical assistance provided under paragraph (1) may include— (A) assistance developing a complete application; (B) financial analysis and budget development; (C) support for project integration; (D) assessment of project readiness; and (E) technical assistance implementing activities once a covered grant is received. (d) Application (1) In general An eligible entity desiring a covered grant shall submit to the Secretary an application, at such time and in such manner as required by the Secretary in guidance, that includes, at a minimum— (A) how the eligible entity will use the covered grant; (B) how the eligible projects funded will combat extreme heat or excess urban heat effects and improve quality of life for impacted communities; (C) a robust engagement plan that— (i) outlines how the eligible entity will meaningfully and inclusively engage with the communities in which the eligible projects take place throughout project implementation; and (ii) demonstrates how the eligible entity plans to— (I) foster meaningful, reciprocal relationships with community-based organizations; (II) engage in respectful, good-faith consultation with diverse community stakeholders; and (III) empower members of the community to participate in decision making; and (D) how the eligible entity will address the intersection between human health, environment, and built environment. (2) Guidance Not later than 180 days after the date of enactment of this Act, the Secretary shall issue the guidance described in paragraph (1). (e) Matching requirement (1) In general Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out with amounts from a covered grant shall be not more than 80 percent. (2) Waiver The Secretary may increase the maximum Federal share described in paragraph (1) from 80 percent to 100 percent for an eligible project carried out by an eligible entity that demonstrates economic hardship, as determined by the Secretary. (f) Priority In awarding covered grants, the Secretary shall give priority to an eligible entity that serves— (1) a community located in a covered census tract; or (2) a community with lower tree canopy and higher maximum daytime summer temperatures compared to surrounding communities, as determined by the Secretary, based on publicly available information. (g) Reporting requirement The Secretary shall submit an annual report to Congress that identifies the recipients of covered grants and the geographic and economic distribution of those recipients. (h) Oversight (1) In general In order to ensure the effectiveness of projects that are carried out using covered grants, the Secretary shall use not more than 5 percent of any amounts appropriated to carry out this section to establish an oversight board to help— (A) select recipients of covered grants; and (B) review the progress made by recipients of covered grants on a yearly basis. (2) Evaluation The board established under paragraph (1) shall— (A) develop and apply a rubric to evaluate the success of projects carried out using covered grants in reaching their objective to combat the causes and effects of excess urban heat; and (B) serve the Secretary in an advisory capacity. (3) Membership (A) In general Members of the board established under paragraph (1) may include— (i) representatives from the Environmental Protection Agency, particularly from the Heat Island Reduction Program; (ii) representatives from the Department of Health and Human Services, particularly from the Office of Climate Change and Health Equity; (iii) representatives from the Department of Energy, particularly from the Office of Energy Efficiency and Renewable Energy; (iv) representatives from the Department of Agriculture, particularly from the Urban and Community Forestry Program; (v) subject to subparagraph (B), representatives from nonprofit organizations with proven leadership in urban heat mitigation or environmental justice, as determined by the Secretary; and (vi) subject to subparagraph (B), representatives from academia and research studying the effects of and mitigation of excess urban heat, environmental justice, or related areas. (B) Certification required In order to be a member of the board established under paragraph (1), a representative described in clause (v) or (vi) of subparagraph (A) of this paragraph shall certify that the representative does not possess any conflict of interest with respect to projects being considered for a covered grant or being carried out using a covered grant. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2023 through 2030.

Excess Urban Heat Mitigation Act of 2023

Neighborhood Tree Act of 2023 This bill provides for additional assistance to states, Indian tribes, units of local government, approved organizations, and local community tree volunteer groups to plant and maintain trees. The Department of Agriculture (USDA) shall establish a Neighborhood Tree Fund from which to provide assistance to such entities to increase and improve the overall health of the tree canopies in their communities. In providing the assistance, USDA must give priority to those entities with proposed projects that include and prioritize tree planting and tree maintenance in underserved communities and neighborhoods, including those that are low-income or have a lower tree canopy. The bill modifies the composition of the membership of the Forestry Advisory Council by (1) increasing the number of council members to 16, and (2) including as a member of the council one individual who is the resident of a low-income community.

118 S1380 IS: Neighborhood Tree Act of 2023 U.S. Senate 2023-04-27 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. 1380 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Brown Mr. Booker Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Cooperative Forestry Assistance Act of 1978 to provide States and communities with additional assistance to plant and maintain trees, and for other purposes. 1. Short title This Act may be cited as the Neighborhood Tree Act of 2023 2. Findings Congress finds that— (1) the presence of a healthy and well-maintained urban forest can— (A) support— (i) the physical and mental health of community residents; (ii) the regulation of air quality; (iii) the mitigation of the urban heat island effect; (iv) the reduction of energy demand; and (v) stormwater management; and (B) provide other benefits; (2) according to research of the Forest Service, the estimated value of benefits described in paragraph (1) exceeds $18,000,000,000; (3) the maintenance and management of an urban forest offers additional opportunities relating to workforce development, job creation, and enhancement of property values; (4) urban forest canopy cover is inequitably distributed among racial groups and income levels, exacerbating disparities in exposure, for example, to the urban heat island effect and in related health risks or financial burdens relating to cooling; (5) the effects of historical discriminatory policies, such as redlining, continue to have effects on urban environments; (6) a recent analysis shows that— (A) urbanized neighborhoods with mostly people of color have 33 percent less tree canopy on average than majority white neighborhoods; and (B) low-income neighborhoods have 41 percent less tree cover than neighborhoods with low rates of poverty; (7) additional analyses of cities in the United States found that— (A) communities primarily inhabited by United States-born, white populations contain more than twice the urban forest canopy cover of communities primarily inhabited by racial and ethnic minorities; and (B) there were elevated land temperatures in formerly redlined areas compared to their nonredlined counterparts, by an average 2.6 degrees Celsius and up to 7 degrees Celsius; and (8) to reduce disparities in the enjoyment of the social, environmental, and economic benefits of healthy and well-maintained urban forests and manage risks relating to heat exposure and other urban stressors, the Federal Government should accelerate actions to enhance the health and resilience of urban forests, with investment in priority communities. 3. Neighborhood Tree Fund Section 9 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2105 (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following: (h) Neighborhood Tree Fund (1) In general Consistent with the purposes described in subsection (b), the Secretary shall establish the Neighborhood Tree Fund (referred to in this subsection as the Fund (2) Assistance The Secretary shall use amounts from the Fund to provide assistance to eligible entities described in paragraph (3) to increase and improve the overall health of the tree canopy in a community. (3) Eligibility An entity that is eligible to receive assistance under paragraph (2) is— (A) a State; (B) an Indian Tribe; and (C) a local unit of government, approved organization, or local community tree volunteer group described in subsection (b)(4). (4) Requirements The Secretary, in consultation with the Secretary of Housing and Urban Development, shall establish requirements for the receipt of assistance under paragraph (2), including requirements with respect to— (A) engagement with communities and stakeholders; (B) the conduct of a tree canopy assessment; (C) the use of climate change science in the design of a project using the assistance; (D) the conduct of site preparation and tree species selection; and (E) the conduct of monitoring and maintenance to ensure the successful establishment of the tree canopy. (5) Priority The Secretary shall give priority to the provision of assistance under paragraph (2) to eligible entities that propose projects that— (A) include and prioritize tree planting and tree maintenance in— (i) a census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the American Community Survey of the Bureau of the Census for the period of 2014 through 2018, including such a census tract that includes an area that was designated as hazardous definitely declining (ii) a community or neighborhood with lower tree canopy and higher maximum daytime summer temperatures compared to surrounding communities or neighborhoods, as determined by the Secretary, based on publicly available information; or (B) optimize outcomes for climate mitigation and resilience for the purpose of public health, as determined by the Secretary. (6) Limitations on use of amounts for community tree assessments Not more than 10 percent of the amount made available under paragraph (7) for a fiscal year may be used for the development of community tree assessments. (7) Authorization of appropriations There are authorized to be appropriated for deposit into the Fund, for use by the Secretary to carry out this subsection, not less than— (A) $100,000,000 for fiscal year 2024; (B) $200,000,000 for fiscal year 2025; (C) $400,000,000 for fiscal year 2026; (D) $600,000,000 for fiscal year 2027; and (E) $700,000,000 for fiscal year 2028. . 4. National Urban and Community Forestry Advisory Council composition Section 9(g)(2)(A) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2105(g)(2)(A) (1) in the matter preceding clause (i), by striking 15 16 (2) in each of clauses (i) through (viii), by striking the comma at the end and inserting a period; (3) in clause (ix), by striking , and (4) by striking clause (x) and inserting the following: (x) 3 members who are not officers or employees of any governmental body and who have expertise and have been active in urban and community forestry, of whom— (I) 1 is a resident of a community with a population of less than 50,000 as of the most recent census; and (II) 1 is a resident of a low-income community, as determined by the Secretary. .

Neighborhood Tree Act of 2023

Coastal Habitat Conservation Act of 2023 This bill provides statutory authority for the Coastal Program of the U.S. Fish and Wildlife Service (FWS). Under the voluntary program, the FWS works with partners to provide technical and financial assistance for habitat restoration projects, habitat protection projects, and related activities in priority coastal areas.

118 S1381 IS: Coastal Habitat Conservation Act of 2023 U.S. Senate 2023-04-27 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. 1381 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mr. Cardin Mr. Graham Committee on Environment and Public Works A BILL To authorize the Secretary of the Interior, through the Coastal Program of the United States Fish and Wildlife Service, to work with willing partners and provide support to efforts to assess, protect, restore, and enhance important coastal landscapes that provide fish and wildlife habitat on which certain Federal trust species depend, and for other purposes. 1. Short title This Act may be cited as the Coastal Habitat Conservation Act of 2023 2. Purpose The purpose of this Act is to legislatively authorize the Coastal Program of the Service in effect as of the date of enactment of this Act to conduct collaborative landscape-level planning and on-the-ground coastal habitat assessment, coastal habitat protection, coastal habitat restoration, and coastal habitat enhancement projects in priority coastal landscapes to conserve and recover Federal trust species. 3. Definitions In this Act: (1) Coastal ecosystem The term coastal ecosystem (2) Coastal habitat assessment The term coastal habitat assessment (3) Coastal habitat enhancement The term coastal habitat enhancement (4) Coastal habitat planning The term coastal habitat planning (A) characterizes a coastal ecosystem; (B) sets protection, restoration, or enhancement goals, and identifies the priorities of those goals; (C) describes conservation strategies and methodologies; (D) establishes a timetable for implementation of the plan; and (E) identifies roles of participants and stakeholders. (5) Coastal habitat protection (A) In general The term coastal habitat protection (B) Inclusion The term coastal habitat protection (6) Coastal habitat restoration The term coastal habitat restoration (7) Coastal landscape The term coastal landscape (A) a fresh or saltwater wetland in a coastal watershed; (B) a coastal river, stream, or waterway; (C) a coastal bay or estuary; (D) a seagrass bed, reef, or other nearshore marine habitat; (E) a beach or dune system; (F) a mangrove forest; and (G) an associated coastal upland. (8) Coastal State The term coastal State (A) a State in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, the Long Island Sound, or 1 or more of the Great Lakes; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. (9) Federal trust species The term Federal trust species (A) migratory birds, threatened species or endangered species listed under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) any other species of concern, as determined by the Secretary. (10) Financial assistance The term financial assistance (11) Secretary The term Secretary (12) Service The term Service (13) Technical assistance The term technical assistance 4. Coastal program The Secretary shall carry out the Coastal Program within the Service to— (1) identify the leading threats to priority coastal landscapes and conservation actions to address those threats in partnership with Federal, State, local, and Tribal governments, nongovernmental institutions, nonprofit organizations, and private individuals and entities; (2) provide technical assistance and financial assistance through partnerships with Federal, State, local, and Tribal governments, nongovernmental institutions, nonprofit organizations, and private individuals and entities to conduct voluntary coastal habitat planning, coastal habitat assessment, coastal habitat protection, coastal habitat restoration, and coastal habitat enhancement projects on public land or private land; (3) ensure the health and resilience of coastal ecosystems through adaptive management procedures based on the best available science; (4) build the capacity of Federal, State, local, and Tribal governments, nongovernmental institutions, nonprofit organizations, and private individuals and entities to carry out environmental conservation and stewardship measures; (5) assist in the development and implementation of monitoring protocols to ensure the success of coastal ecosystem restoration and coastal ecosystem enhancement measures; and (6) collaborate and share information with partners and the public relating to best management practices for the conservation, restoration, and enhancement of coastal ecosystems. 5. Reports (a) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary, acting through the Director of the Service, shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives, and make available to the public on the website of the Service, a report on the Coastal Program carried out under this Act. (b) Requirements Each report submitted under subsection (a) shall assess on regional and nationwide bases— (1) Coastal Program work on coastal ecosystems; (2) progress made by the Coastal Program toward identifying the leading threats to priority coastal landscapes and conservation actions to address those threats; and (3) prospects for, and success of, protecting, restoring, and enhancing coastal ecosystems. (c) Inclusions Each report submitted under subsection (a) shall include— (1) quantitative information on coastal landscapes protected, restored, or enhanced; (2) funds appropriated to the Coastal Program that have been expended or leveraged; (3) a description of adaptive management practices implemented; and (4) a description of emerging challenges or data gaps that hinder the ability of the Coastal Program to achieve the purpose of this Act. 6. Authorization of appropriations There are authorized to be appropriated to carry out this Act— (1) $20,000,000 for fiscal year 2024; (2) $21,250,000 for fiscal year 2025; (3) $22,500,000 for fiscal year 2026; (4) $23,750,000 for fiscal year 2027; and (5) $25,000,000 for fiscal year 2028.

Coastal Habitat Conservation Act of 2023

Protecting Our Supreme Court Justices Act of 2023 This bill enhances the prison term for an individual who pickets or parades in or near a U.S. court or a judge's residence with the intent of (1) interfering with, obstructing, or impeding the administration of justice; or (2) influencing a judge, juror, witness, or court officer. Specifically, the bill increases the maximum prison term from one to five years.

118 S1382 IS: Protecting Our Supreme Court Justices Act of 2023 U.S. Senate 2023-04-27 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. 1382 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mrs. Blackburn Mr. Cotton Mr. Cornyn Mr. Cruz Mr. Hagerty Mr. Hawley Mr. Rubio Mrs. Hyde-Smith Mrs. Britt Mr. Wicker Mr. Boozman Committee on the Judiciary A BILL To amend section 1507 of title 18, United States Code, to establish appropriate penalties for obstruction of justice by picketing or parading in or near court buildings or residences of judges, jurors, witnesses, or other court officers. 1. Short title This Act may be cited as the Protecting Our Supreme Court Justices Act of 2023 2. Obstruction of justice by picketing or parading Section 1507 of title 18, United States Code, is amended, in the first undesignated paragraph, by striking one year 5 years

Protecting Our Supreme Court Justices Act of 2023

Living Donor Protection Act of 2023 This bill prohibits certain insurance carriers from discriminating against, and provides other protections for, living organ donors. Specifically, carriers may not deny, cancel, or otherwise impose conditions on policies for life insurance, disability insurance, or long-term care insurance based on an individual's status as a living organ donor. The bill also expressly specifies that recovery from organ-donation surgery constitutes a serious health condition that entitles eligible employees to job-protected medical leave. In addition, the Department of Health and Human Services must update educational materials on living organ donation to include information about the benefits of living organ donation and about access to insurance for living organ donors.

118 S1384 IS: Living Donor Protection Act of 2023 U.S. Senate 2023-04-27 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. 1384 IN THE SENATE OF THE UNITED STATES April 27, 2023 Mrs. Gillibrand Mr. Cotton Committee on Health, Education, Labor, and Pensions A BILL To promote and protect from discrimination living organ donors. 1. Short title This Act may be cited as the Living Donor Protection Act of 2023 2. Prohibition on denial of coverage or increase in premiums of life or disability insurance for living organ donors (a) Prohibition Notwithstanding any other provision of law, an insurer shall not deny coverage, cancel coverage, refuse to issue, determine the price or premium for, or otherwise vary any term or condition of a life insurance policy, disability insurance policy, or long-term care insurance policy for a person based solely, and without any actual, unique, and material actuarial risks, on the status of such person as a living organ donor. (b) Enforcement A State insurance regulator may take such actions to enforce subsection (a) as are specifically authorized under the laws of such State. (c) Definitions In this section: (1) Disability insurance policy The term disability insurance policy (2) Life insurance policy The term life insurance policy (3) Living organ donor The term living organ donor (4) Long-term care insurance policy The term long-term care insurance policy section 7702B(c) 3. Clarification of organ donation surgery as qualifying as a serious health condition under FMLA (a) Private sector employees Section 101(11) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(11) (including recovery from surgery related to organ donation) physical or mental condition (b) Federal civil service employees (1) Definition Section 6381(5) of title 5, United States Code, is amended by inserting (including recovery from surgery related to organ donation) physical or mental condition (2) Relationship to organ donor leave Section 6382(d)(1) of title 5, United States Code is amended by adding at the end the following: An employee who takes any part of the 12-week period of leave under subsection (a)(1) to serve as an organ donor (including recovery from surgery related to organ donation) shall substitute, for as much of that part as possible, any leave available to the employee under section 6327. 4. Updating of educational materials on the benefits and risks of living organ donation (a) Educational materials (1) Review and updating Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary (A) the benefits and risks of living organ donation; and (B) the impact of living organ donation on the access of a living organ donor to insurance. (2) Information on statutory changes Such updating shall include information on the changes made by sections 2 and 3 of this Act. (b) Methods of updating In carrying out subsection (a), the Secretary shall update, as appropriate— (1) Public Service Announcements previously provided by the Secretary; (2) publicly accessible websites (such as organdonor.gov, or a successor website) that are maintained by the Secretary and that contain information and resources regarding living organ donation; and (3) other media determined appropriate by the Secretary.

Living Donor Protection Act of 2023

Recreation for All Act This bill addresses ways to increase recreation and youth visits to federal land. Specifically, the bill directs the Department of the Interior and the Department of Agriculture to develop and make public a national strategy to increase the number of youth recreation visits to federal land. Such strategy shall meet specified requirements, including to emphasize increased recreational opportunities on federal land for underserved youth. Further, the departments must establish pilot protocols at not fewer than 10 land management units to model recreation use patterns that may not be effectively measured by existing general and opportunistic survey and monitoring protocols; and alert the public to any closure or disruption to public campsites, trails, roads, and other public areas and access points in a timely manner, through an online alert system. The Office of Management and Budget must make public online a report that describes and itemizes the total amount of funding relating to outdoor recreation that was obligated in the preceding fiscal year in Treasury accounts for the departments.

118 S1385 IS: Recreation for All Act U.S. Senate 2023-04-27 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. 1385 IN THE SENATE OF THE UNITED STATES April 27, 2023 Ms. Cantwell Ms. Murkowski Committee on Energy and Natural Resources A BILL To develop a national strategy to increase the number of youth recreation visits to Federal land, and for other purposes. 1. Short title This Act may be cited as the Recreation for All Act 2. Increasing youth recreation visits to Federal land (a) Strategy Not later than 1 year after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary of the Interior and the Secretary of Agriculture (referred to in this Act as the Secretaries (b) Requirements A strategy developed under subsection (a)— (1) shall— (A) emphasize increased recreation opportunities on Federal land for underserved youth; (B) establish objectives and quantifiable targets for increasing youth recreation visits; and (C) provide the anticipated costs to achieve the objectives and meet the targets established under subparagraph (B); and (2) shall not establish any preference between similar recreation facilitated by noncommercial or commercial entities. (c) Agreements The Secretaries may enter into contracts or cost-share agreements (including contracts or agreements for the acquisition of vehicles) to carry out this section. 3. Monitoring for improved recreation decisionmaking (a) In general The Secretaries shall seek to capture comprehensive recreation use data to better understand and inform decisionmaking by the Secretaries. (b) Pilot protocols Not later than 1 year after the date of enactment of this Act, and after public notice and comment, the Secretaries shall establish pilot protocols at not fewer than 10 land management units under the jurisdiction of each of the Secretaries to model recreation use patterns (including low-use recreation activities and dispersed recreation activities) that may not be effectively measured by existing general and opportunistic survey and monitoring protocols. 4. Informing the public of access closures (a) In general The Secretaries shall, to the extent practicable and in a timely fashion, alert the public to any closure or disruption to public campsites, trails, roads, and other public areas and access points under the jurisdiction of the applicable Secretary. (b) Online alert An alert under subsection (a) shall be posted online on a public website of the appropriate land unit in a manner that— (1) ensures that the public can easily find the alert in searching for the applicable campsite, trail, road, or other access point; and (2) consolidates all alerts under subsection (a). 5. Recreation budget crosscut Not later than 30 days after the end of each fiscal year, beginning with fiscal year 2025, the Director of the Office of Management and Budget shall submit to Congress and make public online a report that describes and itemizes the total amount of funding relating to outdoor recreation that was obligated in the preceding fiscal year in accounts in the Treasury for the Department of the Interior and the Department of Agriculture.

Recreation for All Act

Project Safe Neighborhoods Reauthorization Act of 2023 This bill reauthorizes through FY2028 the Project Safe Neighborhoods grant program within the Department of Justice. The bill also allows funds under the program to be used for hiring crime analysts to assist with violent crime reduction efforts; the cost of overtime for law enforcement officers, prosecutors, and law enforcement assistants who assist with the program; purchasing, implementing, and using technology to assist with violent crime reduction efforts; and supporting multijurisdictional task forces.

118 S1387 ES: Project Safe Neighborhoods Reauthorization Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 1387 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize the Project Safe Neighborhoods Grant Program Authorization Act of 2018, and for other purposes. 1. Short title This Act may be cited as the Project Safe Neighborhoods Reauthorization Act of 2023 2. Findings Congress finds the following: (1) Launched in 2001, the Project Safe Neighborhoods program is a nationwide initiative that brings together Federal, State, local, and Tribal law enforcement officials, prosecutors, community leaders, and other stakeholders to identify the most pressing crime problems in a community and work collaboratively to address those problems. (2) The Project Safe Neighborhoods program— (A) operates in all 94 Federal judicial districts throughout the 50 States and territories of the United States; and (B) implements 4 key components to successfully reduce violent crime in communities, including community engagement, prevention and intervention, focused and strategic enforcement, and accountability. 3. Reauthorization (a) Definitions Section 2 of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60701 (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (2) by inserting before paragraph (2), as so redesignated, the following: (1) the term crime analyst ; and (3) by inserting after paragraph (2), as so redesignated, the following: (3) the term law enforcement assistant . (b) Use of funds Section 4(b) of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60703(b) (1) in paragraph (3), by striking or (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) hiring crime analysts to assist with violent crime reduction efforts; (6) the cost of overtime for law enforcement officers, prosecutors, and law enforcement assistants that assist with the Program; and (7) purchasing, implementing, and using technology to assist with violent crime reduction efforts. . (c) Authorization of appropriations Section 6 of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60705 fiscal years 2024 through 2028 4. Task force support (a) Short title This section may be cited as the Officer Ella Grace French and Sergeant Jim Smith Task Force Support Act of 2023 (b) Amendment Section 4(b) of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 ( 34 U.S.C. 60703(b) (1) in paragraph (6), by striking and (2) in paragraph (7), by striking the period at the end and inserting ; and (3) by adding at the end the following: (8) support for multi-jurisdictional task forces. . 5. Transparency Not less frequently than annually, 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 details, for each area in which the Project Safe Neighborhoods Block Grant Program operates and with respect to the 1-year period preceding the date of the report— (1) how the area spent funds under the Project Safe Neighborhoods Block Grant Program; (2) the community outreach efforts performed in the area; and (3) the number and a description of the violent crime offenses committed in the area, including murder, non-negligent manslaughter, rape, robbery, and aggravated assault. Passed the Senate July 26, 2023. Secretary

Project Safe Neighborhoods Reauthorization Act of 2023

UAS Integration Research Act of 2023 This bill requires the Federal Aviation Administration (FAA) to enter into contracts to demonstrate or validate technology related to the integration of unmanned aircraft systems (UAS) into the national airspace system. The FAA must solicit proposals from applicants who describe a project that relates to a topic of interest identified by the FAA, demonstrate technical merit, and involve a contract with a test range. The FAA must also identify topics of interest related to the integration of UAS into the national airspace, including detect and avoid capabilities, beyond visual line of sight operations, UAS traffic management, and UAS safety standards. The bill also extends the authority for the FAA's UAS Test Site Program though FY2028. The program provides verification of the safety of public and civil UAS, operations, and related navigation procedures before their integration into the national airspace system.

118 S1388 IS: UAS Integration Research Act of 2023 U.S. Senate 2023-05-01 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. 1388 IN THE SENATE OF THE UNITED STATES May 1, 2023 Mr. Hoeven Mr. Warner Committee on Commerce, Science, and Transportation A BILL To authorize the Administrator of the Federal Aviation Administration to enter into contracts to demonstrate or validate technology related to the integration of unmanned aircraft systems into the national airspace system, and for other purposes. 1. Short title This Act may be cited as the UAS Integration Research Act of 2023 2. UAS integration research contracts (a) In general The Administrator shall enter into contracts to demonstrate or validate technology related to the integration of unmanned aircraft systems into the national airspace system. (b) Topics of interest The Administrator shall identify topics of interest related to the integration of unmanned aircraft systems into the national airspace including, but not limited to, the following: (1) Detect and avoid capabilities. (2) Beyond visual line of sight operations. (3) Operation of multiple unmanned aircraft systems. (4) Unmanned aircraft systems traffic management. (5) Command and control. (6) Safety standards for unmanned aircraft systems and associated element ground and air systems. (c) Solicitation The Administrator shall solicit proposals from applicants who— (1) describe a project that relates to a topic of interest described in subsection (b); (2) demonstrate technical merit; and (3) involve a contract with a test range. (d) Awards The Administrator shall make contract awards based on the following: (1) An evaluation of a proposal, including its— (A) relevance to a topic of interest described in subsection (b); (B) degree of technical merit; and (C) cost and price information. (2) Availability of funds. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section, $12,000,000 for each of fiscal years 2024 through 2028. (f) Definitions In this section: (1) Administrator The term Administrator (2) Unmanned aircraft system The term unmanned aircraft system (3) Test range The term test range 3. Extension of authority for unmanned aircraft test ranges Section 44803(h) of title 49, United States Code, is amended by striking September 30, 2023 September 30, 2028

UAS Integration Research Act of 2023

Organized Retail Crime Center Authorization Act of 2023 This bill establishes a center—the Organized Retail Crime Coordination Center—within the Department of Homeland Security (DHS) to coordinate the federal law enforcement activities related to organized retail crime. Organized retail crime typically refers to large-scale retail theft and fraud by organized groups of professional shoplifters, or boosters, who make money by stealing merchandise and reselling it for a fraction of the retail cost. The bill also requires DHS and the Department of Justice to jointly isssue formal guidance to relevant agencies and offices for modifying or expanding the prioritization of training and technical assistance designed to counter organized retail crime.

107 S139 IS: Organized Retail Crime Center Authorization 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. 139 IN THE SENATE OF THE UNITED STATES January 30, 2023 Mr. Grassley Ms. Cortez Masto Committee on Homeland Security and Governmental Affairs A BILL To combat organized crime involving the illegal acquisition of retail goods for the purpose of selling those illegally obtained goods through physical and online retail marketplaces. 1. Short title This Act may be cited as the Organized Retail Crime Center Authorization Act of 2023 2. Findings It is the sense of Congress that— (1) organized retail crime, a crime involving groups of individuals specifically targeting retail stores, often by using violence or threats of violence to subdue employees and shoppers while robbing stores of their most valuable and easily diverted merchandise, has been a growing concern to retailers, industry, and law enforcement; (2) retailers have seen a dramatic increase in occurrences of organized retail crime, costing retailers approximately $720,000 per every $1,000,000,000 in sales in 2019, representing more than a 50-percent increase in such losses since 2015. Further, according to the National Retail Federation, the use of violence or aggression is increasing in the commission of these crimes, with 2/3 (3) organized retail crime— (A) threatens the safety and liberty of individuals in the United States when those individuals engage in commerce; (B) erodes the retail economy for customers and businesses alike; and (C) finances transnational criminal organizations that use the proceeds of those thefts to support the criminal goals of the criminal organizations; and (4) it has become necessary for Congress to direct the executive branch to create a central coordination center to align Federal, State, local, territorial, and Tribal efforts to combat organized retail crime. 3. Establishment of a Center to Combat Organized Retail Crime (a) In general Title III of the Trade Facilitation and Trade Enforcement Act of 2015 19 U.S.C. 4341 et seq. 305A. Organized Retail Crime Coordination Center (a) Definitions In this section: (1) Center The term Center (2) Organized retail crime The term organized retail crime (A) any crime described in section 2314 or 2315 of title 18, United States Code; and (B) aiding or abetting the commission of, or conspiring to commit, any act that is in furtherance of a violation of a crime referred to in paragraph (1). (b) Organized Retail Crime Coordination Center (1) Establishment Not later than 90 days after the date of the enactment of the Organized Retail Crime Center Authorization Act of 2023 (2) Duties The duties of the Center shall include— (A) coordinating Federal law enforcement activities related to organized retail crime, including investigations of national and transnational criminal organizations that are engaged in organized retail crime; (B) establishing relationships with State and local law enforcement agencies and organizations, including organized retail crime associations, and sharing information regarding organized retail crime threats with such agencies and organizations; (C) assisting State and local law enforcement agencies with their investigations of organized retail crime groups; (D) establishing relationships with retail companies, sharing information with such companies regarding organized retail crime threats, and providing mechanisms for the receipt of investigative information on such threats; (E) establishing a secure system for sharing information regarding organized retail crime threats by leveraging existing information systems at the Department of Homeland Security and the Department of Justice; (F) tracking trends with respect to organized retail crime and releasing annual public reports on such trends; and (G) supporting the provision of training and technical assistance in accordance with subsection (c). (3) Leadership; staffing (A) Director The Center shall be headed by a Director, who shall be— (i) an experienced law enforcement officer; (ii) appointed by the Director of U.S. Immigration and Customs Enforcement; and (iii) in the Senior Executive Service (as defined in section 3132 of title 5, United States Code). (B) Deputy director The Director of the Center shall be assisted by a Deputy Director, who shall be appointed, on a 2-year rotational basis, upon request from the Executive Associate Director of Homeland Security Investigations, by— (i) the Director of the Federal Bureau of Investigation; (ii) the Director of the United States Secret Service; or (iii) the Chief Postal Inspector. (C) Federal staff The staff of the Center shall include— (i) Special Agents and Analysts from Homeland Security Investigations; and (ii) detailed criminal investigators, analysts, and liaisons from other Federal agencies who have responsibilities related to organized retail crime, including detailees from— (I) U.S. Customs and Border Protection; (II) the United States Secret Service; (III) the United States Postal Inspection Service; (IV) the Bureau of Alcohol, Tobacco, Firearms and Explosives; and (V) the Drug Enforcement Administration. (D) State and local staff The staff of the Center may include detailees from State and local law enforcement agencies, who shall serve at the Center on a nonreimbursable basis. (4) Coordination (A) In general The Center shall coordinate its activities, as appropriate, with other Federal agencies and centers responsible for countering transnational organized crime threats. (B) Shared resources In establishing the Center, the Executive Associate Director of Homeland Security Investigations may co-locate or otherwise share resources and personnel, including detailees and agency liaisons, with— (i) the National Intellectual Property Rights Coordination Center established pursuant to section 305(a)(1); or (ii) other existing interagency centers within the Department of Homeland Security. (C) Agreements The Director of the Center, or his or her designee, may enter into agreements with Federal, State, local, and Tribal agencies and private sector entities to facilitate carrying out the duties described in paragraph (2). (D) Information sharing Subject to the approval of the Director of the Center, information that would otherwise be subject to the limitation on the disclosure of confidential information set forth in section 1905 of title 18, United States Code, may be shared if such disclosure is operationally necessary. The Director may not delegate his or her authority under this subparagraph. (5) Reporting requirements (A) Initial report (i) In general Not later than 1 year after the date of the enactment of the Organized Retail Crime Center Authorization Act of 2023 (I) the Committee on the Judiciary of the Senate (II) the Committee on Homeland Security and Governmental Affairs of the Senate (III) the Committee on the Judiciary of the House of Representatives (IV) the Committee on Homeland Security of the House of Representatives (ii) Contents The report required under clause (i) should include a description of— (I) the organizational structure of the Center; (II) the agencies and partner organizations that are represented within the Center; (III) any challenges that had to be addressed while establishing the Center; (IV) any lessons learned from establishing the Center, including successful prosecutions resulting from the activities of the Center; (V) recommendations for ways to strengthen the enforcement of laws involving organized retail crime; (VI) recommendations for ways to include organized retail crime within a holistic supply chain security enforcement framework; (VII) the intersections and commonalities between organized retail crime organizations and other organized theft groups, including supply chain diversion and theft; and (VIII) the impact of organized theft groups on the scarcity of vital products, including medicines, personal protective equipment, and infant formula. (B) Annual report Beginning on the date that is 1 year after the submission of the report required under subparagraph (A), the Director shall submit an annual report that describes the activities of the Center during the previous year to the congressional committees listed in subparagraph (A)(i). (c) Training and technical assistance (1) Evaluation Not later than 180 days after the date of the enactment of the Organized Retail Crime Center Authorization Act of 2023 (2) Evaluation scope The evaluation required under paragraph (1) shall evaluate, at a minimum— (A) the Homeland Security Grant Program at the Federal Emergency Management Agency; (B) grant programs at the Office of Justice Programs within the Department of Justice; and (C) relevant training programs at the Federal Law Enforcement Training Center. (3) Report Not later than 45 days after the completion of the evaluation required under paragraph (1), the Secretary of Homeland Security and the Attorney General shall jointly submit a report to the congressional committees listed in subsection (b)(5)(A)(i) that— (A) describes the results of such evaluation; and (B) includes recommendations on ways to expand grants, training, and technical assistance for combating organized retail crime. (4) Enhancing or modifying training and technical assistance Not later than 45 days after submitting the report required under paragraph (3), the Secretary of Homeland Security and the Attorney General shall jointly issue formal guidance to relevant agencies and offices within the Department of Homeland Security and the Department of Justice for modifying or expanding, as appropriate, the prioritization of training and technical assistance designed to counter organized retail crime. . (b) Clerical amendment The table of contents for the Trade Facilitation and Trade Enforcement Act of 2015 Public Law 107–296 Sec. 305A. Organized Retail Crime Coordination Center. .

Organized Retail Crime Center Authorization Act of 2023

Solidify Iran Sanctions Act of 2023 This bill eliminates a sunset clause in the Iran Sanctions Act of 1996 , thereby making permanent the requirement for the President to impose sanctions on certain individuals or entities engaged in specified transactions related to Iran's energy sector or Iran's efforts to acquire or develop certain weapons (such as chemical, biological, or nuclear weapons).

104 S1390 IS: Solidify Iran Sanctions Act of 2023 U.S. Senate 2023-05-01 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. 1390 IN THE SENATE OF THE UNITED STATES May 1, 2023 Mr. Scott of South Carolina Ms. Hassan Mr. Hagerty Ms. Rosen Committee on Banking, Housing, and Urban Affairs A BILL To repeal the sunset provision of the Iran Sanctions Act of 1996, and for other purposes. 1. Short title This Act may be cited as the Solidify Iran Sanctions Act of 2023 2. Findings Congress makes the following findings: (1) The Iran Sanctions Act of 1996 ( Public Law 104–172 50 U.S.C. 1701 (2) The Government of Iran has acquired destabilizing conventional weapons systems from the Russian Federation and other malign actors, and is funneling weapons and financial support to its terrorist proxies throughout the Middle East, threatening allies and partners of the United States, such as Israel. 3. Statement of policy It is the policy of the United States to fully implement and enforce the Iran Sanctions Act of 1996 ( Public Law 104–172 50 U.S.C. 1701 4. Repeal of sunset Section 13 of the Iran Sanctions Act of 1996 ( Public Law 104–172 50 U.S.C. 1701 (1) in the section heading, by striking ; sunset (2) by striking (a) Effective date (3) by striking subsection (b).

Solidify Iran Sanctions Act of 2023

Block Nuclear Launch by Autonomous Artificial Intelligence Act of 2023 This bill prohibits the use of federal funds for an autonomous weapons system that is not subject to meaningful human control to launch a nuclear weapon or to select or engage targets for the purposes of launching a nuclear weapon. With respect to an autonomous weapons system, meaningful human control means human control of the (1) selection and engagement of targets: and (2) time, location, and manner of use.

118 S1394 IS: Block Nuclear Launch by Autonomous Artificial Intelligence Act of 2023 U.S. Senate 2023-05-01 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. 1394 IN THE SENATE OF THE UNITED STATES May 1, 2023 Mr. Markey Ms. Warren Mr. Merkley Mr. Sanders Committee on Armed Services A BILL To prohibit the use of Federal funds to launch a nuclear weapon using an autonomous weapons system that is not subject to meaningful human control, and for other purposes. 1. Short title This Act may be cited as the Block Nuclear Launch by Autonomous Artificial Intelligence Act of 2023 2. Findings Congress finds the following: (1) Department of Defense Directive 3000.09 (relating to Autonomy in Weapons Systems), dated November 21, 2012, defines autonomous weapons system (2) Article 3, clause 8 of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, signed at Geneva October 10, 1980 (commonly known as the Convention on Certain Conventional Weapons any placement of such weapons…which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated (3) Section 5.10 of the Department of Defense Law of War Manual states that [c]ommanders, at all levels, have a great responsibility to exercise the leadership necessary to reduce the risk of harm to civilians and civilian objects (4) In a report on autonomous weapons systems published on December 1, 2021, Human Rights Watch and the International Human Rights Clinic of Harvard Law School argue that [r]obots lack the compassion, empathy, mercy, and judgment necessary to treat humans humanely, and they cannot understand the inherent worth of human life (5) The 2022 Nuclear Posture Review states [i]n all cases, the United States will maintain a human in the loop (6) The National Security Commission on Artificial Intelligence recommends that the United States clearly and publicly affirm existing U.S. policy that only human beings can authorize employment of nuclear weapons and seek similar commitments from Russia and China (7) On February 16, 2023, the Secretary of State issued a Political Declaration on Responsible Military Use of Artificial Intelligence and Autonomy, which states that States should maintain human control and involvement for all actions critical to informing and executing sovereign decisions concerning nuclear weapons (8) Large-scale nuclear war would lead to the deaths of millions of people, firestorms, radioactive fallout contamination, agricultural failure, and catastrophic climate results. (9) Compliance with international humanitarian law, human control and human legal judgment is essential in the nuclear command and control process. 3. Sense of Congress It is the sense of Congress that— (1) the use of lethal, autonomous nuclear weapons systems that are not subject to meaningful human control cannot properly adhere to international humanitarian law; and (2) any decision to launch a nuclear weapon should not be made by artificial intelligence. 4. Prohibition on use of Federal funds to deploy nuclear weapons with autonomous weapons systems not subject to meaningful human control (a) In general None of the funds authorized to be appropriated or otherwise made available for any fiscal year may be obligated or expended to use an autonomous weapons system that is not subject to meaningful human control— (1) to launch a nuclear weapon; or (2) to select or engage targets for the purposes of launching a nuclear weapon. (b) Definitions In this section: (1) Autonomous weapons system The term autonomous weapons system (2) Meaningful human control The term meaningful human control (A) the selection and engagement of targets; and (B) the time, location, and manner of use.

Block Nuclear Launch by Autonomous Artificial Intelligence Act of 2023

Educational Opportunity and Success Act of 2023 This bill reauthorizes through FY2029 and otherwise revises TRIO programs. (These outreach and student-services programs identify and provide services to students from disadvantaged backgrounds.) Among other revisions to the programs, the bill prohibits the Department of Education (ED) from rejecting TRIO grant applications based on certain errors; requires ED to provide additional technical assistance to interested grant applicants; revises the outcome criteria for measuring the quality and effectiveness of the programs, including those programs specifically designed for veterans; allows program administrators to use a student's most recent Free Application for Federal Student Aid to determine TRIO program eligibility; and increases the maximum stipend for students participating in the Upward Bound Program or the Ronald E. McNair Postbaccalaureate Achievement Program.

118 S1397 IS: Educational Opportunity and Success Act of 2023 U.S. Senate 2023-05-02 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. 1397 IN THE SENATE OF THE UNITED STATES May 2, 2023 Ms. Collins Mr. Tester Mrs. Capito Ms. Baldwin Committee on Health, Education, Labor, and Pensions A BILL To modify the Federal TRIO programs. 1. Short title This Act may be cited as the Educational Opportunity and Success Act of 2023 2. Program authority and authorization of appropriations for Federal TRIO programs (a) Minimum grants Section 402A(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(b)(3) (1) by striking $200,000 $220,000 (2) by striking $170,000 $190,000 (b) Procedures for awarding grants and contracts Section 402A(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(c) (1) in paragraph (2)(A)— (A) in the subparagraph heading, by striking Prior experience Prior success (B) in the first sentence, by striking prior experience of high quality service delivery prior success in achieving high quality service delivery (C) in the second sentence— (i) by striking prior experience shall not prior success in achieving high quality service delivery shall not (ii) by striking shall not be given prior experience consideration shall not be given such consideration (2) in paragraph (3)(A) by striking prior experience prior success (3) in paragraph (4)(A), in the second sentence, by inserting as well as first-generation college graduates readers (4) by striking paragraph (8) and inserting the following: (8) Review and notification by the Secretary (A) Guidance Not less than 90 days before the commencement of each competition for a grant under this chapter, the Secretary shall issue nonregulatory guidance regarding the rights and responsibilities of applicants with respect to the application and evaluation process for programs and projects assisted under this chapter, including applicant access to peer review comments. The guidance shall describe the procedures for the submission, processing, and scoring of applications for grants under this chapter, including the information described in subparagraph (B). (B) Technical components of applications (i) Establishment and treatment of nonsubstantive technical components of applications With respect to any competition for a grant under this chapter, the Secretary may only establish voluntary page limit and formatting requirements for grant applications and may not reject grant applications that do not meet those voluntary requirements. The Secretary may suggest page limits and formatting standards, (including with respect to font size, font style, font type, line spacing, paragraph justification, and page margins), but may not use noncompliance with these suggested requirements as a basis to reject or penalize grant applications. (ii) Identification and treatment of technical budget errors in applications (I) In general With respect to any competition for a grant under this chapter, the Secretary may not reject or penalize grant applications on the basis of a typographical or rounding error in a proposed budget until the Secretary has given the applicant an opportunity for correction in accordance with subclause (II). (II) Notice and opportunity for correction The Secretary shall provide notice and identification of an error described in subclause (I) by email and phone to the applicant before awarding grants for each competition. During a period of not fewer than 14 days, the Secretary shall allow the applicant to submit a revised application that corrects the identified error. (III) Treatment of revised applications The Secretary shall treat the revised application in the same manner as a timely submitted application. (IV) Failure to correct If an applicant has received a notice and opportunity for correction of a typographical or rounding error in a proposed budget in accordance with subclause (II) and the applicant fails to correct the error and submit a revised application before the deadline described in that subclause, the Secretary may reject or penalize that grant application. (C) Review (i) Request for review With respect to any competition for a grant under this chapter, an applicant may request a review if the applicant— (I) has evidence that a specific technical, administrative, or scoring error was made by the Department, an agent of the Department, or a peer reviewer, with respect to the scoring or processing of a submitted application; and (II) has otherwise met all of the requirements for submission of the application. (ii) Error made by the Department In the case of evidence of error by the Department or an agent of the Department, other than a peer reviewer, the Secretary shall review any evidence submitted by the applicant and provide a timely response to the applicant. All applicants, regardless of score, shall have this right of review. If the Secretary determines that an error was made by the Department or an agent of the Department, other than a peer reviewer, the Secretary shall correct the error and accordingly adjust the applicant score. (iii) Error made by a peer reviewer (I) In general In the case of evidence of error by a peer reviewer, a secondary review panel shall automatically and promptly evaluate the application for consideration in the applicable grant competition upon receipt of a request by any such applicant. The Department shall allow this right of review to any applicant that scored five points or less below the cut-off score. Examples of errors warranting secondary review may include— (aa) points withheld for criteria not required in statute, regulation, or guidance governing a program under this chapter or the application for a grant for such program; or (bb) information pertaining to selection criteria that was incorrectly determined to be missing from an application. (II) Timely review and replacement score The secondary review panel described in subclause (I) shall conduct a secondary review in a timely fashion, and the score resulting from the secondary review shall replace the score from the initial peer review. (III) Composition of secondary review panel The secondary review panel shall be composed of reviewers each of whom— (aa) did not review the application in the original peer review; (bb) is a member of the cohort of peer reviewers for the grant program that is the subject of such secondary review; and (cc) to the extent practicable, has conducted peer reviews in not less than 2 previous competitions for the grant program that is the subject of such secondary review. (IV) Final score The final peer review score of an application subject to a secondary review under this clause shall promptly be adjusted appropriately using the score awarded by the secondary review panel, so as not to interfere with the timely awarding of grants for the applicable grant competition. (iv) Finality (I) In general A determination by the Secretary under clause (ii) shall not be reviewable by any officer or employee of the Department other than the Secretary. (II) Scoring The score awarded by a secondary review panel under clause (iii) shall not be reviewable by any officer or employee of the Department other than the Secretary. (v) Funding of applications with certain adjusted scores Applications with scores that are adjusted upward under clause (ii) or (iii) that equal or exceed the minimum cut-off score for the applicable grant competition shall be funded by the Secretary using general or administrative funds available to the Secretary other than those funds appropriated or allocated for the programs authorized by this chapter. . (c) Outreach Section 402A(d)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(d)(3) The Secretary shall also host at least one virtual, interactive training using telecommunications technology to ensure that interested applicants have access to technical assistance. (d) Documentation of status as a low-Income individual Section 402A(e) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(e) (1) in paragraph (1)— (A) in subparagraph (C), by striking or (B) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (E) documentation that the student has been determined to be eligible for a Federal Pell Grant under section 401; or (F) for grants authorized under section 402B and 402F of this chapter, documentation that a student is attending a school that had a percentage of enrolled students who are identified students (as defined in section 11(a)(1)(F)(i) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F)(i) ; and (2) in paragraph (2)— (A) in subparagraph (C), by striking or (B) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (E) documentation that the student has been determined to be eligible for a Federal Pell Grant under section 401; or (F) for grants authorized under section 402B and 402F of this chapter, documentation that a student is attending a school that had a percentage of enrolled students who are identified students (as defined in section 11(a)(1)(F)(i) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F)(i) . (e) Outcome criteria Section 402A(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(g) (1) in paragraph (1)— (A) in the paragraph heading, by striking prior experience prior success (B) by striking January 1, 2009 the date of enactment of the Educational Opportunity and Success Act of 2023 (C) by striking prior experience of prior success in achieving (2) in paragraph (3)— (A) in subparagraph (A)— (i) in clause (iv), by striking that will make such students eligible for programs such as the Academic Competitiveness Grants Program that includes at least 4 years of mathematics, 3 years of science, and 2 years of a foreign language (ii) by redesignating clauses (v) and (vi) as clauses (vi) and (vii), respectively; and (iii) inserting after clause (iv), the following: (v) the completion of financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) and college admissions applications ; (B) in subparagraph (B)— (i) in the matter preceding clause (i), by inserting except in the case of programs that are specifically designed for veterans, 402C (ii) in clause (v), by striking that will make such students eligible for programs such as the Academic Competitiveness Grants Program that includes at least 4 years of mathematics, 3 years of science, and 2 years of a foreign language (iii) by redesignating clauses (vi) and (vii) as clauses (vii) and (viii), respectively; and (iv) inserting after clause (v), the following: (vi) the completion of financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) and college admissions applications; ; (C) by redesignating subparagraphs (C) through (E) as subparagraphs (D) through (F), respectively; (D) by inserting after subparagraph (B) the following: (C) For programs authorized under section 402C that are specifically designed for veterans, the extent to which the eligible entity met or exceeded the entity’s objectives for such program regarding— (i) the delivery of service to a total number of students who are veterans served by the program, as agreed upon by the entity and the Secretary for the period of the program; (ii) such students’ academic performance as measured by standardized tests; (iii) the retention and completion of participants in the program; (iv) the provision of assistance to students served by the program in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) and college admission applications; (v) the enrollment of such students in an institution of higher education; and (vi) to the extent practicable, the postsecondary completion of such students; ; (E) in subparagraph (D), as redesignated by subparagraph (C), by striking clause (ii) and inserting the following: (ii) (I) in the case of an entity that is an institution of higher education offering a baccalaureate degree, the extent to which the entity met or exceeded the entity's objectives regarding the percentage of such students' completion of a baccalaureate degree at any baccalaureate granting institution within 6 years of initial enrollment in the project; or (II) in the case of an entity that is an institution of higher education that does not offer a baccalaureate degree, the extent to which such students met or exceeded— (aa) the entity’s objective regarding the transfer of such students to institutions of higher education that offer baccalaureate degrees, regardless of whether the transferring student completes a degree or certificate; and (bb) the entity’s objective regarding the completion of a degree or certificate by such students at the institution or any accredited institution within 4 years of initial enrollment in the project; ; (F) by amending subparagraph (E), as redesignated by subparagraph (C), to read as follows: (E) For programs authorized under section 402E, the extent to which the entity met or exceeded— (i) the entity’s objective regarding the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period; (ii) the entity’s objective regarding the provision of appropriate scholarly and research activities for the students served by the program; (iii) the entity’s objective regarding the acceptance and enrollment of such students in graduate programs within 2 years of receiving the baccalaureate degree; (iv) the entity’s objective regarding the continued enrollment of such students in graduate study; and (v) the entity’s objective regarding the attainment of doctoral degrees by former program participants within 10 years of receiving the baccalaureate degree. ; and (G) in subparagraph (F), as redesignated by subparagraph (C)— (i) in clause (i), by inserting within 2 years of participation in the program such diploma or equivalent (ii) in clause (ii), by inserting or re-enrollment the enrollment (f) Authorization of appropriations Section 402A(g) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(g) (g) Authorization of appropriations For the purpose of making grants and contracts under this chapter, there are authorized to be appropriated $1,191,000,000 for fiscal year 2024 and such sums as may be necessary for each of the five succeeding fiscal years. Of the amount appropriated under this chapter, the Secretary may use no more than 1 percent of such amount to obtain additional qualified readers and additional staff to review applications, to increase the level of oversight monitoring, to support impact studies, program assessments, and reviews, and to provide technical assistance to potential applicants and current grantees. . (g) Definitions Section 402A(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(h) (4) Low-income individual The term low-income individual (A) an individual from a family whose adjustable gross income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census; (B) an individual from a family whose adjustable gross income, as reported on the individual's most recently completed Free Application for Federal Student Aid, did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census for that year; (C) an individual who has been determined to be eligible for a Federal Pell Grant under section 401; or (D) for grants authorized under section 402B and 402F of this chapter, a student who is attending a school that had a percentage of enrolled students who are identified students (as defined in section 11(a)(1)(F)(i) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F)(i) . 3. Upward Bound Section 402C of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–13 (1) in subsection (d)— (A) in paragraph (6), by striking and (B) by redesignating paragraph (7) as paragraph (8); (C) by inserting after paragraph (6) the following: (7) continued services through the student’s first year of attendance at an institution of higher education, to the extent the provision of such service was described in the eligible entity’s application for assistance; and ; and (D) in paragraph (8), as redesignated by subparagraph (B), by striking or paragraphs (1) through (6) or paragraphs (1) through (7) (2) in subsection (f)— (A) by striking $60 $90 (B) by striking $300 $450 (C) by striking $40 $60 (D) by adding at the end the following: Adults participating in a project that is specifically designed for veterans under this section may be paid stipends not in excess of $100 per month during the year. (3) by striking subsection (g) and redesignating subsection (h) as subsection (g). 4. Postbaccalaureate achievement program authority Section 402E of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–15 (1) in subsection (b)(2), by striking summer internships internships or faculty-led research experiences (2) in subsection (d)(4), by striking summer research internships research internships or faculty-led research experiences (3) in subsection (f)(1), by striking $2,800 $4,000 (4) by redesignating subsection (g) as subsection (h); and (5) by inserting after subsection (f) the following: (g) Determination of need A stipend provided to a student under subsection (f)(1) shall not be considered in determining that student's need for grant or work assistance under this title, except that in no case shall the total amount of student financial assistance awarded to a student under this title exceed that student's cost of attendance, as defined in section 472. .

Educational Opportunity and Success Act of 2023

Building American Energy Security Act of 2023 This bill establishes requirements to accelerate the environmental review of federal agency actions that involve certain energy infrastructure or critical mineral projects, including the Mountain Valley Pipeline, which is a natural gas pipeline located in Virginia and West Virginia. Specifically, the bill modifies requirements under the National Environmental Policy Act of 1969, including by setting maximum timelines for the environmental reviews of federal actions that involve major energy infrastructure projects, allowing project sponsors to sue agencies if the timelines are not met, establishing requirements to accelerate such reviews that involve multiple agencies, and limiting judicial review of agency decisions. Further, the President must designate and periodically update a list of high-priority energy infrastructure projects and prioritize permitting for these projects. The bill also expands covered projects under FAST-41, which qualify for expedited environmental review, to include certain federal agency actions that involve (1) critical minerals, or (2) energy infrastructure projects that require an investment of more than $50 million. In addition, the bill modifies provisions under the Federal Power Act and the Natural Gas Act, including by authorizing the Federal Energy Regulatory Commission to approve permits for certain interstate electric transmission facilities and hydrogen pipelines. Finally, the bill requires federal agencies to take certain actions to complete the Mountain Valley Pipeline.

116 S1399 IS: Building American Energy Security Act of 2023 U.S. Senate 2023-05-02 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. 1399 IN THE SENATE OF THE UNITED STATES May 2, 2023 Mr. Manchin Committee on Energy and Natural Resources A BILL To provide for American energy security by improving the permitting process. 1. Short title; table of contents (a) Short title This Act may be cited as the Building American Energy Security 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—Accelerating agency reviews Sec. 101. Definitions. Sec. 102. Streamlining process for authorizations and reviews of energy and natural resources projects. Sec. 103. Prioritizing energy projects of strategic national importance. Sec. 104. Empowering the Federal Permitting Improvement Steering Council and improving reviews. Sec. 105. Litigation transparency. TITLE II—Modernizing permitting laws Sec. 201. Transmission. Sec. 202. Definition of natural gas under the Natural Gas Act. Sec. 203. Authorization of Mountain Valley Pipeline. Sec. 204. Rights-of-way across Indian land. Sec. 205. Federal Energy Regulatory Commission staffing. I Accelerating agency reviews 101. Definitions In this title: (1) Agency The term agency (2) Alaska Native Corporation The term Alaska Native Corporation Native Corporation 43 U.S.C. 1602 (3) Authorization The term authorization 42 U.S.C. 4370m(3) (4) Cooperating agency The term cooperating agency (5) Environmental document The term environmental document (A) An environmental assessment. (B) A finding of no significant impact. (C) An environmental impact statement. (D) A record of decision. (6) Environmental impact statement The term environmental impact statement (7) Environmental review process The term environmental review process (8) Indian tribe The term Indian Tribe 25 U.S.C. 5130 (9) Lead agency The term lead agency (A) the Federal agency preparing, or assuming primary responsibility for, the authorization or review of the project; and (B) if applicable, any State, local, or Tribal government entity serving as a joint lead agency for the project. (10) NEPA The term NEPA 42 U.S.C. 4321 et seq. (11) NEPA implementing regulations The term NEPA implementing regulations (12) Participating agency The term participating agency (13) Project sponsor The term project sponsor 102. Streamlining process for authorizations and reviews of energy and natural resources projects (a) Definitions In this section: (1) Categorical exclusion The term categorical exclusion (2) Major project The term major project (A) for which multiple authorizations, reviews, or studies are required under a Federal law other than NEPA; and (B) with respect to which the head of the lead agency has determined that— (i) an environmental impact statement is required; or (ii) an environmental assessment is required, and the project sponsor requests that the project be treated as a major project. (3) Project The term project (A) proposed for the construction of infrastructure— (i) to develop, produce, generate, store, transport, or distribute energy; (ii) to capture, remove, transport, or store carbon dioxide; or (iii) to mine, extract, beneficiate, or process minerals; and (B) that, if implemented as proposed by the project sponsor, would be subject to the requirements that— (i) an environmental document be prepared; and (ii) the applicable agency issue an authorization of the activity. (4) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture, with respect to the Forest Service; (B) the Secretary of Energy; (C) the Secretary of the Interior; (D) the Federal Energy Regulatory Commission; (E) the Secretary of the Army, with respect to the Corps of Engineers; and (F) the Secretary of Transportation, with respect to the Maritime Administration and the Pipeline and Hazardous Materials Safety Administration. (b) Applicability (1) In general The project development procedures under this section— (A) shall apply to— (i) all projects for which an environmental impact statement is prepared; (ii) all major projects; and (iii) to the maximum extent practicable, projects described in clause (i) or (ii) for which an authorization is being sought or that are subject to an environmental review process initiated prior to the date of enactment of this Act; (B) may be applied, as requested by a project sponsor and to the extent determined appropriate by the Secretary concerned, to other projects for which an environmental document is prepared; and (C) shall not apply to— (i) any project subject to section 139 of title 23, United States Code; (ii) any project that is a water resources development project of the Corps of Engineers; or (iii) any authorization of the Corps of Engineers if that authorization is for a project that alters or modifies a water resources development project of the Corps of Engineers. (2) Flexibility Any authority provided by this section may be exercised, and any requirement established under this section may be satisfied, for a project, class of projects, or program of projects. (3) Savings provision Nothing in this section— (A) precludes the use of an authority provided under any other provision of law, including for a covered project under title XLI of the FAST Act ( 42 U.S.C. 4370m et seq. (B) supersedes or modifies any applicable requirement, authority, or agency responsibility provided under the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (C) shall be considered an abbreviated authorization or environmental review process for purposes of section 41001(6)(A)(i)(III) of the FAST Act ( 42 U.S.C. 4370m(6)(A)(i)(III) (c) Lead agencies (1) Joint lead agencies Nothing in this section precludes an agency from serving as a joint lead agency for a project, in accordance with NEPA. (2) Roles and responsibilities With respect to the environmental review process for a project, the lead agency shall have the authority and responsibility— (A) to take such actions as are necessary and appropriate to facilitate the expeditious resolution of the environmental review process for the project; (B) to prepare any required environmental impact statement or other environmental document, or to ensure that such an environmental impact statement or environmental document is completed, in accordance with this section and applicable Federal law; (C) not later than 45 days after the date of publication of a notice of intent to prepare an environmental impact statement, or the initiation of an environmental assessment, as applicable, for a project— (i) to identify any other agencies that may have financing, environmental review, authorization, or other responsibilities with respect to the project; (ii) to invite the identified agencies to become participating agencies in the environmental review process for the project; and (iii) to establish, as part of the invitation, a deadline for the submission of a response, which may be extended by the lead agency for good cause; (D) to consider and respond to comments timely received from participating agencies relating to matters within the special expertise or jurisdiction of those agencies; (E) to consider, and, as appropriate, rely on, adopt, or incorporate by reference, baseline data, analyses, and documentation that have been prepared for the project under the laws and procedures of a State or an Indian Tribe if the lead agency determines that— (i) those laws and procedures are of equal or greater rigor, as compared to each applicable Federal law and procedure; and (ii) the baseline data, analysis, or documentation, as applicable, was prepared under circumstances that allowed for— (I) opportunities for public participation; (II) consideration of alternatives and environmental consequences; and (III) other required analyses that are substantially equivalent to the analyses that would have been prepared if the baseline data, analysis, or documentation was prepared by the lead agency pursuant to NEPA; and (F) (i) to ensure that the project sponsor complies with design and mitigation commitments for the project made jointly by the lead agency and the project sponsor; and (ii) to ensure that environmental documents are appropriately supplemented if changes become necessary with respect to the project. (d) Participating agencies (1) Applicability (A) Inapplicability to covered projects The procedures under this subsection shall not apply to a covered project (as defined in section 41001 of the FAST Act ( 42 U.S.C. 4370m (i) for which a project initiation notice has been submitted pursuant to section 41003(a) of that Act ( 42 U.S.C. 4370m–2(a) (ii) that is carried out in accordance with the procedures described in that notice. (B) Designations for categories of projects The Secretary concerned may exercise the authority under this subsection with respect to— (i) a project; (ii) a class of projects; or (iii) a program of projects. (2) Federal participating agencies Any Federal agency that is invited by a lead agency to participate in the environmental review process for a project shall be designated as a participating agency by the lead agency, unless the invited agency informs the lead agency, in writing, by the deadline specified in the invitation, that the invited agency has no responsibility for or interest in the project. (3) Federal cooperating agencies A Federal agency that has not been invited by a lead agency to participate in the environmental review process for a project, but that is required to make an authorization or carry out an action for a project, shall— (A) notify the lead agency of the financing, environmental review, authorization, or other responsibilities of the notifying Federal agency with respect to the project; and (B) work with the lead agency to ensure that the agency making the authorization or carrying out the action is treated as a cooperating agency for the project. (4) Responsibilities A participating agency participating in the environmental review process for a project shall— (A) provide comments, responses, studies, or methodologies relating to the areas within the special expertise or jurisdiction of the agency; and (B) use the environmental review process to address any environmental issues of concern to the agency. (5) Effect of designation (A) Requirement A participating agency for a project shall comply with the applicable requirements of this section. (B) No implication Designation as a participating agency under this subsection shall not imply that the participating agency— (i) has made a determination to support or deny any project; or (ii) has any jurisdiction over, or special expertise with respect to evaluation of, the applicable project. (6) Cooperating agency designation Any agency designated as a cooperating agency shall also be designated by the applicable lead agency as a participating agency under the NEPA implementing regulations. (e) Coordination of required reviews; environmental documents (1) In general The lead agency and each participating agency for a project shall apply the requirements of section 41005 of the FAST Act ( 42 U.S.C. 4370m–4 covered project (2) Single environmental document (A) In general Except as provided in subparagraph (C), to the maximum extent practicable and consistent with Federal law, to achieve compliance with NEPA, all Federal authorizations and reviews that are necessary for a project shall rely on a single environmental document for each type of environmental document prepared under NEPA under the leadership of the lead agency. (B) Use of document (i) In general To the maximum extent practicable, the lead agency shall develop environmental documents sufficient to satisfy the NEPA requirements for any authorization or other Federal action required for the project. (ii) Cooperation of participating agencies Each participating agency shall cooperate with the lead agency and provide timely information to assist the lead agency to carry out subparagraph (A). (C) Exceptions A lead agency may waive the application of subparagraph (A) with respect to a project if— (i) the project sponsor requests that agencies issue separate environmental documents; (ii) the obligations of a cooperating agency or participating agency under NEPA have already been satisfied with respect to the project; or (iii) the lead agency determines, and provides justification in the coordination plan established under subsection (g)(1), that multiple environmental documents are more efficient for the environmental review process or authorization process for the project. (D) Page limits (i) In general Notwithstanding any other provision of law and except as provided in clause (ii), to the maximum extent practicable, the text of the items described in paragraphs (4) through (6) of section 1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement for a project shall be not more than 150 pages. (ii) Exceptions The text described in clause (i)— (I) shall be not more than 300 pages in the case of a proposal of unusual scope or complexity; and (II) may exceed 300 pages if the lead agency establishes a new page limit for the environmental impact statement for that project. (f) Errata for environmental impact statements (1) In general In preparing a final environmental impact statement for a project, if the lead agency modifies the draft environmental impact statement in response to comments, the lead agency may write on errata sheets attached to the environmental impact statement in lieu of rewriting the draft environmental impact statement, subject to the conditions described in paragraph (2). (2) Conditions The conditions referred to in paragraph (1) are as follows: (A) The comments to which the applicable modification responds shall be minor. (B) The modifications shall be confined to— (i) minor factual corrections; or (ii) an explanation of the reasons why the comments do not warrant additional response from the lead agency. (C) The errata sheets shall— (i) cite the sources, authorities, and reasons that support the position of the lead agency; and (ii) if appropriate, indicate the circumstances that would trigger reappraisal or further response by the lead agency. (3) Savings provision Nothing in this subsection precludes a lead agency from responding to comments in a final environmental impact statement in accordance with procedures described in section 1503.4(c) of the NEPA implementing regulations. (g) Coordination and scheduling (1) Coordination plan (A) In general Except as provided in subparagraph (B), not later than 90 days after the date of publication of a notice of intent to prepare an environmental impact statement, or the initiation of an environmental assessment, as applicable, for a project, the lead agency shall establish a plan for coordinating public and agency participation in, and comment regarding, the environmental review process and authorization decisions for the project or applicable category of projects (referred to in this paragraph as the coordination plan (B) Other date If the project sponsor requests the establishment of a coordination plan for a project by a date earlier than the deadline described in subparagraph (A), the lead agency shall establish the coordination plan not later than 90 days after the request is received by the head of the lead agency. (C) Incorporation into memorandum A coordination plan may be incorporated into a memorandum of understanding with the project sponsor, lead agency, and any other appropriate entity to accomplish the coordination activities described in this subsection. (D) Schedule (i) In general As part of a coordination plan for a project, the lead agency shall establish and maintain a schedule for completion of the environmental review process and authorization decisions for the project that— (I) includes the date of project initiation or earliest Federal agency contact for the project, including any pre-application consultation; (II) includes any programmatic environmental document or agreement that is a prerequisite or predecessor for the environmental review process for the project; (III) includes— (aa) any Federal authorization, action required as part of the environmental review process, consultation, or similar process that is required through project completion; (bb) to the maximum extent practicable, any Indian Tribe, Alaska Native Corporation, State, or local agency authorization, review, consultation, or similar process; and (cc) a schedule for each authorization under item (aa) or (bb), including any pre-application consultations, applications, interim milestones, public comment periods, draft decisions, final decisions, and final authorizations necessary to begin construction; and (IV) is established— (aa) after consultation with, and the concurrence of, each participating agency for the project; and (bb) with the participation of the project sponsor. (ii) Major project schedules To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, with the concurrence of each participating agency for the major project and in consultation with the project sponsor, a schedule for the major project that is consistent with completing— (I) the environmental review process— (aa) in the case of major projects for which the lead agency determines an environmental impact statement is required, not later than 2 years after the date of publication by the lead agency of a notice of intent to prepare an environmental impact statement to the record of decision; and (bb) in the case of major projects for which the lead agency determines an environmental assessment is required, not later than 1 year after the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact; and (II) any outstanding authorization required for project construction not later than 150 days after the date of an issuance of a record of decision or a finding of no significant impact under subclause (I). (E) Factors for consideration In establishing a schedule under subparagraph (D), a Federal lead agency shall consider factors such as— (i) the responsibilities of participating agencies or cooperating agencies under applicable law; (ii) resources available to the participating agencies or cooperating agencies; (iii) the overall size and complexity of the project; (iv) the overall time required by an agency to conduct the environmental review process and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license); (v) the cost of the project; (vi) the sensitivity of the natural and historic resources that could be affected by the project; and (vii) timelines and deadlines established in this section and other applicable law. (F) Modifications (i) In general Except as provided in clause (iii), the lead agency may lengthen— (I) a schedule established for a project under subparagraph (D) for good cause, in accordance with clause (ii); or (II) shorten a schedule established for a project under subparagraph (D) if the lead agency has— (aa) good cause; and (bb) the concurrence of the project sponsor and any participating agencies. (ii) Good cause Good cause to lengthen a schedule under clause (i)(I) may include— (I) Federal law prohibiting the lead agency or another agency from issuing an approval or permit within the period required under subparagraph (D); (II) a request from the project sponsor that the permit or approval follow a different timeline; or (III) a determination by the lead agency, with the concurrence of the project sponsor, that an extension would facilitate completion of the environmental review process and authorization process of the project. (iii) Exceptions (I) Shortening of time period A lead agency may not shorten a schedule under clause (i)(II) if shortening the schedule would impair the ability of a participating agency— (aa) to conduct any necessary analysis; or (bb) to otherwise carry out any relevant obligation of the participating agency for the project. (II) Major projects In the case of a major project, the lead agency may lengthen a schedule for a project under subparagraph (D) for a Federal participating agency by not more than 1 year after the latest deadline established for the major project by the lead agency. (III) Coordination plans prior to notice of intent In the case of a schedule established for a project under subparagraph (D) prior to the publication of a notice of intent, the lead agency may adjust the schedule, with the concurrence of participating agencies and the participation of the project sponsor, until the date of publication of the notice of intent. (G) Failure to meet schedule or deadline If a participating Federal agency fails to meet a schedule or deadline established under subparagraph (D), not later than 30 days after the missed schedule or deadline, the participating Federal agency shall— (i) notify— (I) the Director of the Office of Management and Budget; (II) the Executive Director of the Federal Permitting Improvement Steering Council; (III) the Secretary concerned; (IV) the Committee on Energy and Natural Resources of the Senate; (V) the Committee on Environment and Public Works of the Senate; (VI) the Committee on Natural Resources of the House of Representatives; and (VII) the Committee on Energy and Commerce of the House of Representatives; and (ii) include in the notifications under clause (i)— (I) a description of the cause for the failure; and (II) a new schedule or deadline agreed on by the project sponsor, the lead agency, and cooperating agencies. (H) Dissemination A copy of a schedule for a project under subparagraph (D), and any modifications to such a schedule, shall be— (i) provided to— (I) all participating agencies; and (II) the project sponsor; and (ii) in the case of a schedule for a major project under that subparagraph, made available to the public pursuant to subsection (l). (I) No delay in decision making No agency shall seek to encourage a sponsor of a project to withdraw or resubmit an application to delay decision making within the timelines under this subsection. (2) Comment deadlines The lead agency shall establish the following deadlines for comment during the environmental review process for a project: (A) For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publication in the Federal Register of a notice of the date of public availability of the draft, unless— (i) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or (ii) the deadline is extended by the lead agency for good cause, together with a documented and publicly available explanation of the need for an extended comment period. (B) For all other comment periods established by the lead agency for agency or public comment for a Federal authorization or in the environmental review process, a period of not more than 45 days beginning on the first date of availability of the materials regarding which comment is requested, unless a different deadline of not more than 60 days is established by agreement of the lead agency and all participating agencies, in consultation with the project sponsor. (3) Public involvement Nothing in this section— (A) reduces any time period provided for— (i) public comment in the environmental review process; or (ii) an authorization for a project under applicable Federal law; (B) creates a requirement for an additional public comment opportunity in addition to any public comment opportunity required for a project under applicable Federal law; or (C) creates a new requirement for public comment on a project for which an environmental assessment is being prepared. (4) Categorical exclusions Nothing in this subsection affects or creates new requirements for a project or activity that is eligible for a categorical exclusion. (5) Deadline enforcement (A) Definition of applicable deadline In this paragraph, the term applicable deadline (i) for the environmental review process for a major project required under paragraph (1)(D)(ii)(I); (ii) for a decision on an authorization for a major project required under paragraph (1)(D)(ii)(II); or (iii) described in clause (i) or (ii) that has been modified under paragraph (1)(F). (B) Petition to court A project sponsor may obtain a review of an alleged failure by a Federal agency, or a State agency acting pursuant to Federal law, to act in accordance with an applicable deadline under this section by filing a written petition with a court of competent jurisdiction seeking an order under subparagraph (C). (C) Court order If a court of competent jurisdiction finds that a Federal agency, or a State agency acting pursuant to Federal law, has failed to act in accordance with an applicable deadline, the court shall set a schedule and deadline for the agency to act as soon as practicable, which shall not exceed 90 days from the date on which the order of the court is issued, unless the court determines a longer time period is necessary to comply with applicable law. (D) Jurisdiction The United States Court of Appeals for the District of Columbia shall have original jurisdiction over any civil action brought pursuant to subparagraph (B), in addition to any court of competent jurisdiction under any other Federal law. (E) Expedited consideration A court of competent jurisdiction shall set for expedited consideration any action brought under this subsection. (h) Issue identification and resolution (1) Cooperation The lead agency and each participating agency shall work cooperatively in accordance with this section to facilitate the timely completion of the environmental review and authorization process by identifying and resolving issues that could— (A) delay final decision making for any authorization for a project; (B) delay completion of the environmental review process for a project; or (C) result in the denial of any authorization required for the project under applicable law. (2) Accelerated issue resolution and referral (A) In general A participating agency, project sponsor, or the Governor of a State in which a project is located may request an issue resolution meeting to resolve issues relating to a project that could— (i) delay final decision making for any authorization for a project; (ii) significantly delay completion of the environmental review process for a project; or (iii) result in the denial of any authorization required for the project under applicable law. (B) Initial meeting Not later than 30 days after the date of receipt of a request under subparagraph (A), the lead agency shall convene an issue resolution meeting, which shall include— (i) the relevant participating agencies; (ii) the project sponsor; and (iii) the Governor of a State in which the project is located, if the Governor requested the issue resolution meeting under that subparagraph. (C) Elevation If issue resolution is not achieved by 30 days after the date of the initial meeting under subparagraph (B), the issue shall be elevated to the head of the lead agency, who shall— (i) notify— (I) the heads of the relevant participating agencies; (II) the project sponsor; and (III) the Governor of a State in which the project is located, if the Governor requested the issue resolution meeting under subparagraph (A); and (ii) convene a leadership issue resolution meeting not later than 90 days after the date of the initial meeting under subparagraph (B) with— (I) the heads of the relevant participating agencies, including any relevant Secretaries; (II) the project sponsor; and (III) the Governor of a State in which the project is located, if the Governor requested the issue resolution meeting under subparagraph (A). (D) Convention by lead agency A lead agency may convene an issue resolution meeting at any time to resolve issues relating to an authorization or environmental review process for a project, without the request of a participating agency, project sponsor, or the Governor of a State in which the project is located. (E) Referral of issue resolution for major projects to Council on Environmental Quality (i) In general If issue resolution for a major project is not achieved by 30 days after the date on which a leadership issue resolution meeting is convened under subparagraph (C), the head of the lead agency shall refer the matter to the Council on Environmental Quality. (ii) Meeting Not later than 30 days after the date of receipt of a referral from the head of the lead agency under clause (i), the Council on Environmental Quality shall convene an issue resolution meeting with— (I) the head of the lead agency; (II) the heads of relevant participating agencies; (III) the project sponsor; and (IV) the Governor of a State in which the major project is located, if the Governor requested the issue resolution meeting under subparagraph (A). (F) Consistency with other law An agency shall implement the requirements of this paragraph— (i) unless doing so would prevent the compliance of the agency with existing law; and (ii) consistent with, to the maximum extent permitted by law, any dispute resolution process established in an applicable law, regulation, or legally binding agreement. (G) Effect of paragraph Nothing in this paragraph limits the application of section 41003 of the FAST Act ( 42 U.S.C. 4370m–2 42 U.S.C. 4370m (i) Enhanced technical assistance from lead agency (1) Definition of covered project In this subsection, the term covered project (A) that has a pending environmental review or authorization under NEPA; and (B) for which the lead agency determines a delay to the schedule established under subsection (g) is likely. (2) Technical assistance At the request of a project sponsor, participating agency, or the Governor of a State in which a covered project is located, the head of the lead agency may provide technical assistance to resolve any outstanding issues that are resulting in project delay for the covered project, including by— (A) providing additional staff, training, and expertise; (B) facilitating interagency coordination; (C) promoting more efficient collaboration; and (D) supplying specialized onsite assistance. (3) Scope of work In providing technical assistance for a covered project under this subsection, the head of the lead agency shall establish a scope of work that describes the actions that the head of the lead agency will take to resolve the outstanding issues and project delays. (4) Consultation In providing technical assistance for a covered project under this subsection, the head of the lead agency shall consult, if appropriate, with participating agencies on all methods available to resolve any outstanding issues and project delays for a covered project as expeditiously as practicable. (j) Judicial review Except as provided in subsection (k), nothing in this section affects the reviewability of any final Federal agency action in a court of— (1) the United States; or (2) any State. (k) Efficiency of claims (1) Statute of limitations Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of an authorization issued or denied by a Federal agency for a project shall be barred unless the claim is filed by 150 days after the later of the date on which the authorization is final in accordance with the law under which the agency action is taken and the date of publication of a notice that the environmental document is final in accordance with NEPA, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed. (2) Expedited review A court of competent jurisdiction shall set for expedited consideration any claim arising under Federal law seeking judicial review of an authorization issued or denied by a Federal agency, or a State agency acting pursuant to Federal law, for a project. (3) Remanded actions (A) In general If a court of competent jurisdiction remands a final Federal agency action for a project to the Federal agency, the court shall set a reasonable schedule and deadline for the agency to act on remand, which shall not exceed 180 days from the date on which the order of the court was issued, unless a longer time period is necessary to comply with applicable law. (B) Expedited treatment of remanded actions The head of the Federal agency to which a court remands a final Federal agency action under subparagraph (A) shall take such actions as may be necessary to provide for the expeditious disposition of the action on remand in accordance with the schedule and deadline set by the court under that subparagraph. (4) Random assignment of cases To the maximum extent practicable, district courts of the United States and courts of appeals of the United States shall randomly assign cases seeking judicial review of any authorization issued by a Federal agency for a project to judges appointed, designated, or assigned to sit as judges of the court in a manner to avoid the appearance of favoritism or bias. (5) Effect of subsection Nothing in this subsection— (A) establishes a right to judicial review; or (B) places any limit on filing a claim that a person has violated the terms of an authorization. (6) Treatment of supplemental or revised environmental documents With respect to a project— (A) the preparation of a supplemental or revised environmental document for the project, when required, shall be considered to be a separate final agency action for purposes of the deadline under subparagraph (B); and (B) the deadline for filing a claim for judicial review of that action shall be the date that is 150 days after the date of publication of a notice in the Federal Register announcing the final agency action, unless a shorter time is specified in the Federal law pursuant to which judicial review is authorized. (l) Improving transparency in project status (1) In general Not later than 120 days after the date of enactment of this Act, the Secretary concerned shall— (A) use the searchable internet website maintained under section 41003(b) of the FAST Act ( 42 U.S.C. 4370m–2(b) (i) the status, schedule, and progress of each major project, including a project for which an authorization is being sought or that is subject to an environmental review process initiated prior to the date of enactment of this Act, with respect to compliance with the applicable requirements of NEPA, any authorization, and any other Indian Tribe, State, or local agency authorization required for the major project; and (ii) a list of the participating agencies for each major project; and (B) establish such reporting standards as are necessary to meet the requirements of subparagraph (A), which shall include requirements— (i) to track major projects from initiation through the date that final authorizations required to begin construction are issued or the major project is withdrawn; and (ii) to update the status, schedule, and progress of major projects to reflect any changes to the project status or schedule, including changes resulting from litigation (including any injunctions, vacatur of authorizations, and timelines for any additional authorization or environmental review process that is required as a result of litigation). (2) Federal, State, and local agency participation (A) Federal agencies A Federal agency participating in the environmental review process or authorization process for a major project shall provide to the Secretary concerned information relating to the status and progress of the authorization of the major project for publication on the internet website referred to in paragraph (1)(A), consistent with the standards established under paragraph (1)(B). (B) State and local agencies The Secretary concerned shall encourage State and local agencies participating in the environmental review process or authorization process for a major project to provide information relating to the status and progress of the authorization of the major project for publication on the internet website referred to in paragraph (1)(A). (m) Accountability and reporting for major projects Each Secretary concerned shall— (1) not later than 1 year after the date of enactment of this Act, establish a performance accountability system for the agency represented by the Secretary concerned; and (2) on establishment of the performance accountability system under paragraph (1), and not less frequently than annually thereafter, publish a report describing performance accountability for each major project authorization and review conducted during the preceding year by the agency represented by the Secretary concerned, including— (A) for each major project for which that agency serves as a lead agency or a participating agency, the extent to which the agency is achieving compliance with each schedule established under this section for an authorization, environmental review process, or consultation; (B) for each major project for which that agency serves as a lead agency, information regarding the average time required to complete each applicable authorization and the environmental review process; and (C) for each major project for which that agency serves as a participating agency with jurisdiction over an authorization, information regarding the average time required to complete the authorization process. (n) Programmatic compliance (1) In general The Secretary concerned shall allow for the use of programmatic approaches to conduct environmental reviews that— (A) eliminate repetitive discussions of the same issue; (B) focus on the issues ripe for analysis at each level of review; and (C) are consistent with— (i) NEPA; and (ii) other applicable laws. (2) Requirements In carrying out this subsection, each lead agency shall ensure that programmatic approaches to conduct environmental review processes— (A) promote transparency, including the transparency of— (i) the analyses and data used in the environmental review process; (ii) the treatment of any deferred issues raised by agencies or the public; and (iii) the temporal and spatial scales to be used to analyze issues under clauses (i) and (ii); (B) use accurate and timely information, including through the establishment of— (i) criteria for determining the general duration of the usefulness of the environmental review process; and (ii) a timeline for updating any out-of-date environmental review process; (C) describe— (i) the relationship between any programmatic analysis and future tiered analysis; and (ii) the role of the public in the creation of future tiered analyses; (D) are available to other relevant Federal and State agencies, Indian Tribes, Alaska Native Corporations, and the public; and (E) provide notice and public comment opportunities consistent with applicable requirements. (o) Development of categorical exclusions (1) In general Not later than 180 days after the date of enactment of this Act, and not less frequently than once every 4 years thereafter, each Secretary concerned, in consultation with the Chair of the Council on Environmental Quality, shall— (A) in consultation with the other agencies described in paragraph (2), as applicable, identify each categorical exclusion available to such an agency that would accelerate delivery of a project if the categorical exclusion was available to the Secretary concerned; and (B) collect existing documentation and substantiating information relating to each categorical exclusion identified under subparagraph (A). (2) Description of agencies The agencies referred to in paragraph (1) are— (A) the Department of Agriculture; (B) the Department of the Army; (C) the Department of Commerce; (D) the Department of Defense; (E) the Department of Energy; (F) the Department of the Interior; (G) the Federal Energy Regulatory Commission; and (H) any other Federal agency that has participated in an environmental review process for a project, as determined by the Chair of the Council on Environmental Quality. (3) Adoption of categorical exclusions Not later than 1 year after the date on which categorical exclusions are identified under paragraph (1)(A), each Secretary concerned shall— (A) determine whether any such categorical exclusion meets the applicable criteria for a categorical exclusion under— (i) the NEPA implementing regulations; and (ii) any relevant regulations of the agency represented by the Secretary concerned; and (B) publish a notice of proposed rulemaking to propose the adoption of any identified categorical exclusion that— (i) is applicable to the agency represented by the Secretary concerned; and (ii) meets the applicable criteria described in subparagraph (A). (p) Additions to categorical exclusions (1) In general Not later than 180 days after the date of enactment of this Act, and not later than 5 years thereafter, each Secretary concerned shall— (A) conduct a survey regarding the use by the agency represented by the Secretary concerned of categorical exclusions for projects during the 5-year period preceding the date of the survey; (B) publish a review of the survey under subparagraph (A) that includes a description of— (i) the types of actions eligible for each categorical exclusion covered by the survey; and (ii) any requests previously received by the Secretary concerned for new categorical exclusions; and (C) solicit requests for new categorical exclusions. (2) New categorical exclusions Not later than 120 days after the date of a solicitation of requests under paragraph (1)(C), the Secretary concerned shall publish a notice of proposed rulemaking to propose the adoption of any such new categorical exclusions, to the extent that the categorical exclusions meet the applicable criteria for a categorical exclusions under— (A) the NEPA implementing regulations; and (B) any relevant regulations of the agency represented by the Secretary concerned. 103. Prioritizing energy projects of strategic national importance (a) Definitions In this section: (1) Critical mineral The term critical mineral 30 U.S.C. 1606(a) (2) Designated project The term designated project (b) Designation of projects (1) In general Not later than 90 days after the date of enactment of this Act, the President, in consultation with the Secretary of Energy, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Federal Energy Regulatory Commission, and the heads of any other relevant Federal departments or agencies, as determined by the President, shall— (A) designate 25 energy projects of strategic national importance for priority Federal review, in accordance with this section; and (B) publish a list of those designated projects in the Federal Register. (2) Updates Not later than 180 days after the date on which the President publishes the list under paragraph (1)(B), and every 180 days thereafter during the 10-year period beginning on that date, the President shall publish an updated list, which shall— (A) include not less than 25 designated projects; and (B) include each previously designated project until— (i) a final decision has been issued for each authorization for the designated project; or (ii) the project sponsor withdraws its request for authorization. (3) Project types; first 7 years During the 7-year period beginning on the date on which the President publishes the list under paragraph (1)(B), of the list of designated projects maintained on an ongoing basis pursuant to this subsection, not fewer than— (A) 5 shall be projects for the mining, extraction, beneficiation, or processing of critical minerals— (i) of which not fewer than 3 shall include new mining or extraction of critical minerals; and (ii) for which critical mineral production may occur as a byproduct; (B) 7 shall be projects— (i) to generate electricity or store energy without the use of fossil fuels; or (ii) to manufacture clean energy equipment; (C) 6 shall be projects to produce, process, transport, or store fossil fuel products, or biofuels, including projects to export or import those products from nations described in subsection (c)(3)(A)(vi); (D) 3 shall be electric transmission projects or projects using grid-enhancing technology; (E) 2 shall be projects to capture, transport, or store carbon dioxide, which may include the utilization of captured or displaced carbon dioxide emissions; and (F) 2 shall be a project to produce, transport, or store clean hydrogen, including projects to export or import those products from nations described in subsection (c)(3)(A)(vi). (4) Project types; phase-down During the 3-year period beginning 7 years after the date on which the President publishes the list under paragraph (1)(B), of the list of designated projects maintained on an ongoing basis pursuant to this subsection, not fewer than— (A) 2 shall be projects for the mining, extraction, beneficiation, or processing of critical minerals; (B) 3 shall be projects described in paragraph (3)(B); (C) 3 shall be projects described in paragraph (3)(C); (D) 1 shall be a project described in paragraph (3)(D); (E) 1 shall be a project described in paragraph (3)(E); and (F) 1 shall be a project described in paragraph (3)(F). (5) List of projects meeting each category threshold; insufficient applications (A) In general Subject to subparagraph (B), during the 10-year period beginning on the date on which the President publishes the list under paragraph (1)(B), the President shall maintain a list of designated projects that meet the minimum threshold for the applicable category of projects under each subparagraph of paragraph (3) or (4), as applicable. (B) Insufficient applications If the number of applications submitted that meet the requirements for a designated project for a category of projects under a subparagraph of paragraph (3) or (4), as applicable, is not sufficient to meet the minimum threshold under that subparagraph, the President shall designate the maximum number of applications submitted that meet the requirements for a designated project for the applicable category until a sufficient number of applications meeting the requirements for a designated project for such category has been submitted. (c) Selection and priority requirements (1) In general The President shall carry out subsection (b) based on a review of applications for authorizations or other reviews submitted to the Corps of Engineers, the Department of Defense, the Department of Energy, the Department of the Interior, the Environmental Protection Agency, the Forest Service, the Federal Energy Regulatory Commission, the Nuclear Regulatory Commission, the Maritime Administration, the Pipeline and Hazardous Materials Safety Administration, and the Federal Permitting Improvement Steering Council. (2) Requirement The President shall designate under subsection (b) only projects that the President determines are likely— (A) to require an environmental assessment or environmental impact statement under NEPA; (B) to require review by more than 2 Federal or State agencies; (C) to have a total project cost of more than $250,000,000; and (D) to have sufficient financial support from the project sponsor to ensure project completion. (3) Priority (A) In general In considering projects to designate under subsection (b), the President shall give priority to projects the completion of which will significantly advance 1 or more of the following objectives: (i) Reducing energy prices in the United States. (ii) Reducing greenhouse gas emissions. (iii) Improving electric reliability in North America. (iv) Advancing emerging energy technologies. (v) Improving the domestic supply chains for, and manufacturing of, energy products, energy equipment, and critical minerals. (vi) Increasing energy trade between the United States and— (I) nations that are signatories to free trade agreements with the United States that cover the trade of energy products; (II) members of the North Atlantic Treaty Organization; (III) members of the Organization for Economic Cooperation and Development; (IV) nations with a transmission system operator that is included in the European Network of Transmission System Operators for Electricity, including as an observer member; or (V) any other country designated as an ally or partner nation by the President for purposes of this section. (vii) Reducing the reliance of the United States on the supply chains of foreign entities of concern (as defined in section 40207(a) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18741(a) (viii) To the extent practicable, minimizing development impacts through the use of existing— (I) rights-of-way; (II) facilities; or (III) other infrastructure. (ix) Creating jobs— (I) with wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 Davis-Bacon Act (II) with consideration of the magnitude and timing of the direct and indirect employment impacts of carrying out the project. (B) Other priority In considering projects to designate for the category of projects described in subsection (b)(3)(C), in addition to the priorities specified in subparagraph (A), the President shall give priority to projects the completion of which will significantly reduce greenhouse gas emissions. (d) Reviews of designated projects (1) In general The President shall, in consultation with the applicable department and agency heads, the Director of the Office of Management and Budget, the Chair of the Council on Environmental Quality, and the Federal Permitting Improvement Steering Council, direct Federal agencies through executive order to prioritize the completion of the environmental review process and decisions on authorizations for designated projects. (2) Timelines To the maximum extent practicable and consistent with applicable Federal law, the President shall complete— (A) the environmental review process— (i) in the case of a designated project for which the lead agency determines an environmental impact statement is required, not later than 2 years after the date of publication by the lead agency of a notice of intent to prepare an environmental impact statement to the record of decision; and (ii) in the case of a designated project for which the lead agency determines an environmental assessment is required, not later than 1 year after the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact; and (B) decisions on any outstanding authorization required for project construction within 180 days of the issuance of a record of decision or finding of no significant impact under subparagraph (A). (3) Streamlining review process A designated project shall be considered a major project (as defined in section 102(a)) subject to the requirements of that section. (e) NEPA (1) In general Nothing in this section supersedes or modifies any applicable requirement, authority, or agency responsibility provided under NEPA. (2) Designation of projects The act of designating a project under subsections (b) and (c) shall not be subject to the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (f) Report Not later than 180 days after the date of enactment of this Act, and every 90 days thereafter, the President shall submit to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce and the Committee on Natural Resources of the House of Representatives a report describing— (1) each designated project and the basis for designating that project pursuant to subsection (c); (2) for each designated project, all outstanding authorizations, environmental reviews, consultations, public comment periods, or other Federal, State, or local reviews required for project completion; and (3) for each authorization, environmental review, consultation, public comment period, or other review under paragraph (2)— (A) an estimated completion date; and (B) an explanation of— (i) any delays meeting the timelines established in this section or in applicable Federal, State, or local law; and (ii) any changes to the date described in subparagraph (A) from a report previously submitted under this subsection. (g) Funding (1) In general Out of amounts appropriated under section 70007 of Public Law 117–169 42 U.S.C. 4370m–8(d)(1) (2) Use of funds The Federal Permitting Improvement Steering Council shall prescribe the use of funds provided to agencies under paragraph (1), which may include— (A) the hiring and training of personnel; (B) the development of programmatic documents; (C) the procurement of technical or scientific services for environmental reviews; (D) the development of data or information systems; (E) stakeholder and community engagement; (F) the purchase of new equipment for analysis; and (G) the development of geographic information systems and other analytical tools, techniques, and guidance to improve agency transparency, accountability, and public engagement. (3) Limitation Of the amounts made available under paragraph (1) for a fiscal year, not more than $1,500,000 shall be allocated to support the review of a single designated project. (4) Supplement not supplant Funds appropriated under this subsection shall be used in addition to existing funding mechanisms, including agency user fees and application fees. 104. Empowering the Federal Permitting Improvement Steering Council and improving reviews (a) Definition of covered project Section 41001(6)(A) of the FAST Act ( 42 U.S.C. 4370m(6)(A) (1) in the matter preceding clause (i), by inserting critical mineral mining, production, beneficiation, or processing, electricity transmission (2) in clause (i), by striking subclause (II) and inserting the following: (II) is likely to require a total investment of— (aa) more than $200,000,000; or (bb) in the case of a project for the construction, production, transportation, storage, or generation of energy, more than $50,000,000; and . (b) Transparency Section 41003(b)(2)(A)(iii) of the FAST Act ( 42 U.S.C. 4370m–2(b)(2)(A)(iii) (III) Outer Continental Shelf Lands Act The Secretary of the Interior shall create and maintain a specific entry on the Dashboard for the preparation and revision of the oil and gas leasing program required under section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 (IV) Additional energy projects The Secretary of the Interior or the Secretary of Energy, as applicable, shall create and maintain a specific entry on the Dashboard for any project that is a designated project (as defined in section 103(a) of the Building American Energy Security Act of 2023 . 105. Litigation transparency (a) Definitions In this section: (1) Covered civil action The term covered civil action (A) seeking to compel agency action affecting a project, as defined under section 102 of this Act; and (B) brought under— (i) chapter 7 (ii) any other statute authorizing such an action. (2) Covered consent decree The term covered consent decree (3) Covered consent decree or settlement agreement The term covered consent decree or settlement agreement (4) Covered settlement agreement The term covered settlement agreement (b) Transparency (1) Pleadings and preliminary matters (A) In general In any covered civil action, the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner, including by making the notice of intent to sue and the complaint available online not later than 15 days after receiving service of the notice of intent to sue or complaint, respectively. (B) Entry of a covered consent decree or settlement agreement A party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the requirements of subparagraph (A) have been met. (2) Publication of covered consent decrees or settlement agreements; public comment Not later than 30 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency seeking to enter the covered consent decree or settlement agreement shall— (A) publish online the proposed covered consent decree or settlement agreement; and (B) provide a reasonable opportunity by notice in the Federal Register to persons who are not named as parties or interveners to the covered civil action to comment in writing. (c) Consideration of public comment An agency seeking to enter a covered consent decree or settlement agreement shall promptly consider any written comments received under subsection (b)(2)(B) and may withdraw or withhold consent to the proposed consent decree or settlement agreement if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with any provision of law. II Modernizing permitting laws 201. Transmission (a) Construction permit Section 216 of the Federal Power Act ( 16 U.S.C. 824p (b) Construction permit Except as provided in subsections (d)(1) and (i), the Commission may, after notice and an opportunity for hearing, issue 1 or more permits for the construction or modification of electric transmission facilities necessary in the national interest if the Commission finds that— (1) (A) a State in which the transmission facilities are to be constructed or modified does not have authority to— (i) approve the siting of the facilities; or (ii) consider the interstate benefits or interregional benefits expected to be achieved by the proposed construction or modification of transmission facilities in the State; (B) the applicant for a permit is a transmitting utility under this Act but does not qualify to apply for a permit or siting approval for the proposed project in a State because the applicant does not serve end-use customers in the State; or (C) a State commission or other entity that has authority to approve the siting of the facilities— (i) has not made a determination on an application seeking approval pursuant to applicable law by the date that is 1 year after the date on which the application was filed with the State commission or other entity; (ii) has conditioned its approval in such a manner that the proposed construction or modification will not significantly reduce transmission capacity constraints or congestion in interstate commerce or is not economically feasible; or (iii) has denied an application seeking approval pursuant to applicable law; (2) the proposed facilities will be used for the transmission of electric energy in interstate (including transmission from the outer Continental Shelf to a State) or foreign commerce; (3) the proposed construction or modification is consistent with the public interest; (4) the proposed construction or modification will— (A) significantly reduce transmission congestion in interstate commerce; and (B) protect or benefit consumers; (5) the proposed construction or modification— (A) is consistent with sound national energy policy; and (B) will enhance energy independence; and (6) the proposed modification will maximize, to the extent reasonable and economical, the transmission capabilities of existing towers or structures. . (b) State siting and consultation Section 216 of the Federal Power Act ( 16 U.S.C. 824p (d) State siting and consultation (1) Preservation of State siting authority The Commission shall have no authority to issue a permit under subsection (b) for the construction or modification of an electric transmission facility within a State except as provided in paragraph (1) of that subsection. (2) Consultation In any proceeding before the Commission under subsection (b), the Commission shall afford each State in which a transmission facility covered by the permit is or will be located, each affected Federal agency and Indian Tribe, private property owners, and other interested persons a reasonable opportunity to present their views and recommendations with respect to the need for and impact of a facility covered by the permit. . (c) Rights-of-Way Section 216(e) of the Federal Power Act ( 16 U.S.C. 824p(e) (1) in paragraph (1), by striking or a State (2) by adding at the end the following: (5) Compensation for property taken under this subsection shall be determined and awarded by the district court of the United States in accordance with section 3114(c) of title 40, United States Code. . (d) Cost allocation (1) In general Section 216 of the Federal Power Act ( 16 U.S.C. 824p (f) Cost allocation (1) Transmission tariffs For the purposes of this section, any transmitting utility that owns, controls, or operates electric transmission facilities that the Commission finds to be consistent with the findings under paragraphs (2) through (5) and, if applicable, (6) of subsection (b) shall file a tariff with the Commission in accordance with section 205 and the regulations of the Commission allocating the costs of the new or modified transmission facilities. (2) Cost allocation principles The Commission shall require that tariffs filed under this subsection fairly reflect and allocate the costs of providing service to each class of customers, including improved reliability, reduced congestion, reduced power losses, greater carrying capacity, reduced operating reserve requirements, and improved access to generation, in accordance with cost allocation principles of the Commission. (3) Cost causation principle The cost of electric transmission facilities described in paragraph (1) shall be allocated to customers within the transmission planning region or regions that benefit from the facilities in a manner that is at least roughly commensurate with the estimated benefits described in paragraph (2). . (2) Savings clause If the Federal Energy Regulatory Commission finds that the considerations under paragraphs (2) through (5) and, if applicable, (6) of subsection (b) of section 216 of the Federal Power Act ( 16 U.S.C. 824p (e) Coordination of federal authorizations for transmission facilities Section 216(h) of the Federal Power Act ( 16 U.S.C. 824p(h) (1) in paragraph (2), by striking the period at the end and inserting the following: “, except that— (A) the Commission shall act as the lead agency in the case of facilities permitted under subsection (b); and (B) the Department of the Interior shall act as the lead agency in the case of facilities located on a lease, easement, or right-of-way granted by the Secretary of the Interior under section 8(p)(1)(C) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337(p)(1)(C) ; (2) in each of paragraphs (3), (4)(B), (4)(C), (5)(B), (6)(A), (7)(A), (7)(B)(i), (8)(A)(i), and (9), by striking Secretary lead agency (3) in paragraph (4)(A), by striking As head of the lead agency, the Secretary The lead agency (4) in paragraph (5)(A), by striking As lead agency head, the Secretary The lead agency (5) in paragraph (7)— (A) in subparagraph (A), by striking 18 months after the date of enactment of this section 18 months after the date of enactment of the Building American Energy Security Act of 2023 (B) in subparagraph (B)(i), by striking 1 year after the date of enactment of this section 18 months after the date of enactment of the Building American Energy Security Act of 2023 (f) Interstate compacts Section 216(i)(4) of the Federal Power Act ( 16 U.S.C. 824p(i)(4) in disagreement unable to reach an agreement on an application seeking approval by the date that is 1 year after the date on which the application for the facility was filed. (g) Transmission infrastructure investment Section 219(b)(4) of the Federal Power Act ( 16 U.S.C. 824s(b)(4) (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking the period at the end and inserting ; and (3) by adding at the end the following: (C) all prudently incurred costs associated with payments to jurisdictions impacted by electric transmission facilities developed pursuant to section 216. . (h) Conforming amendment Section 50151(b) of Public Law 117–169 42 U.S.C. 18715(b) facilities designated by the Secretary to be necessary in the national interest facilities in national interest electric transmission corridors designated by the Secretary 202. Definition of natural gas under the Natural Gas Act (a) In general Section 2 of the Natural Gas Act ( 15 U.S.C. 717a (5) Natural gas (A) natural gas unmixed; (B) any mixture of natural and artificial gas; or (C) hydrogen mixed or unmixed with natural gas. . (b) Conforming amendments Section 7(c)(1)(A) of the Natural Gas Act ( 15 U.S.C. 717f(c)(1)(A) (1) by inserting or, in the case of any person engaged in the transportation of natural gas described in section 2(5)(C), on the date of enactment of the Building American Energy Security Act of 2023 over the route (2) by striking within ninety days after the effective date of this amendatory Act within 90 days after the effective date of this amendatory Act, or, in the case of any person engaged in the transportation of natural gas described in section 2(5)(C), within 90 days after the date of enactment of the Building American Energy Security Act of 2023 (c) Savings clause Nothing in this section or an amendment made by this section authorizes the Federal Energy Regulatory Commission— (1) to order a natural-gas company under section 7(a) of the Natural Gas Act ( 15 U.S.C. 717f(a) 15 U.S.C. 717a(5) (2) to attach to a certificate of public convenience and necessity issued under section 7(e) of the Natural Gas Act ( 15 U.S.C. 717f(e) 15 U.S.C. 717a(5) 203. Authorization of Mountain Valley Pipeline (a) Finding Congress finds that the timely completion of the construction of the Mountain Valley Pipeline— (1) is necessary— (A) to ensure an adequate and reliable supply of natural gas to consumers at reasonable prices; (B) to facilitate an orderly transition of the energy industry to cleaner fuels; and (C) to reduce carbon emissions; and (2) is in the national interest. (b) Purpose The purpose of this section is to require the appropriate Federal officers and agencies to take all necessary actions to permit the timely completion of the construction and operation of the Mountain Valley Pipeline without further administrative or judicial delay or impediment. (c) Definitions In this section: (1) Commission The term Commission (2) Mountain Valley Pipeline The term Mountain Valley Pipeline (3) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture; (B) the Secretary of the Interior; or (C) the Secretary of the Army. (d) Authorization of necessary approvals (1) Biological opinion and incidental take statement Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this Act, the Secretary of the Interior shall issue a biological opinion and incidental take statement for the Mountain Valley Pipeline, substantially in the form of the biological opinion and incidental take statement for the Mountain Valley Pipeline issued by the United States Fish and Wildlife Service on September 4, 2020. (2) Additional authorizations Notwithstanding any other provision of law, not later than 30 days after the date of enactment of this Act— (A) the Secretary of the Interior shall issue all rights-of-way, permits, leases, and other authorizations that are necessary for the construction, operation, and maintenance of the Mountain Valley Pipeline, substantially in the form approved in the record of decision of the Bureau of Land Management entitled Mountain Valley Pipeline and Equitrans Expansion Project Decision to Grant Right-of-Way and Temporary Use Permit (B) the Secretary of Agriculture shall amend the Land and Resource Management Plan for the Jefferson National Forest as necessary to permit the construction, operation, and maintenance of the Mountain Valley Pipeline within the Jefferson National Forest, substantially in the form approved in the record of decision of the Forest Service entitled Record of Decision for the Mountain Valley Pipeline and Equitrans Expansion Project (C) the Secretary of the Army shall issue all permits and verifications necessary to permit the construction, operation, and maintenance of the Mountain Valley Pipeline across waters of the United States; and (D) the Commission shall— (i) approve any amendments to the certificate of public convenience and necessity issued by the Commission on October 13, 2017 (161 FERC 61,043); and (ii) grant any extensions necessary to permit the construction, operation, and maintenance of the Mountain Valley Pipeline. (e) Authority To modify prior decisions or approvals In meeting the applicable requirements of subsection (d), a Secretary concerned may modify the applicable prior biological opinion, incidental take statement, right-of-way, amendment, permit, verification, or other authorization described in that subsection if the Secretary concerned determines that the modification is necessary— (1) to correct a deficiency in the record; or (2) to protect the public interest or the environment. (f) Relationship to other laws (1) Determination to issue or grant The requirements of subsection (d) shall supersede the provisions of any law (including regulations) relating to an administrative determination as to whether the biological opinion, incidental take statement, right-of-way, amendment, permit, verification, or other authorization shall be issued for the Mountain Valley Pipeline. (2) Savings provision Nothing in this section limits the authority of a Secretary concerned or the Commission to administer a right-of-way or enforce any permit or other authorization issued under subsection (d) in accordance with applicable laws (including regulations). (g) Judicial review (1) In general The actions of the Secretaries concerned and the Commission pursuant to subsection (d) that are necessary for the construction and initial operation at full capacity of the Mountain Valley Pipeline shall not be subject to judicial review. (2) Other actions The United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over— (A) any claim alleging— (i) the invalidity of this section; or (ii) that an action is beyond the scope of authority conferred by this section; and (B) any claim relating to any action taken by a Secretary concerned or the Commission relating to the Mountain Valley Pipeline other than an action described in paragraph (1). 204. Rights-of-way across Indian land The first section of the Act of February 5, 1948 (62 Stat. 17, chapter 45; 25 U.S.C. 323 Any right-of-way granted by an Indian tribe for the purposes authorized under this section shall not require the approval of the Secretary of the Interior, on the condition that the right-of-way approval process by the Indian tribe substantially complies with subsection (h) of the first section of the Act of August 9, 1955 (69 Stat. 539, chapter 615; 25 U.S.C. 415(h) 205. Federal Energy Regulatory Commission staffing (a) Consultation deadline Section 401(k)(6) of the Department of Energy Organization Act ( 42 U.S.C. 7171(k)(6) (1) by striking The Chairman (A) In general The Chairman ; and (2) by adding at the end the following: (B) Deadline The requirement under subparagraph (A) shall be considered met if the Director of the Office of Personnel Management has not taken final action on a plan for applying authorities under this subsection within 120 days of submission of the plan by the Chairman to the Director of the Office of Personnel Management. . (b) Elimination of reporting sunset Section 11004(b)(1) of the Energy Act of 2020 ( 42 U.S.C. 7171 Public Law 116–260 thereafter for 10 years, thereafter,

Building American Energy Security Act of 2023

Combating Organized Retail Crime Act of 2023 This bill expands federal enforcement of criminal offenses related to organized retail crime. Organized retail crime typically refers to large-scale retail theft and fraud by organized groups of professional shoplifters, or boosters, who make money by stealing merchandise and reselling it for a fraction of the retail cost. First, with respect to criminal offenses involving the transportation of stolen property across state lines and the sale or receipt of stolen goods, the bill broadens the scope of conduct that qualifies as offenses. Additionally, the bill makes the offenses predicate offenses (i.e., underlying offenses) for prosecutions under the federal money laundering statute and authorizes the criminal forfeiture of any property representing or traceable to the gross proceeds obtained as a result of an offense or a conspiracy to commit an offense. Second, with respect to criminal offenses involving theft from an interstate or foreign shipment, the bill makes an offense an underlying offense for prosecution under the federal money laundering statute and authorizes the criminal forfeiture of any property representing or traceable to the gross proceeds obtained as a result of an offense or a conspiracy to commit an offense. Finally, the bill establishes a center—the Organized Retail Crime Coordination Center—within the Department of Homeland Security to coordinate the federal law enforcement activities related to organized retail crime.

107 S140 IS: Combating Organized Retail Crime 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. 140 IN THE SENATE OF THE UNITED STATES January 30, 2023 Mr. Grassley Ms. Cortez Masto Committee on the Judiciary A BILL To combat organized crime involving the illegal acquisition of retail goods for the purpose of selling those illegally obtained goods through physical and online retail marketplaces. 1. Short title This Act may be cited as the Combating Organized Retail Crime Act of 2023 2. Findings It is the sense of Congress that— (1) organized retail crime, a crime involving groups of individuals specifically targeting retail stores, often by using violence or threats of violence to subdue employees and shoppers while robbing stores of their most valuable and easily diverted merchandise, has been a growing concern to retailers, industry, and law enforcement; (2) retailers have seen a dramatic increase in occurrences of organized retail crime, costing retailers approximately $720,000 per every $1,000,000,000 in sales in 2019, representing more than a 50-percent increase in such losses since 2015. Further, according to the National Retail Federation, the use of violence or aggression is increasing in the commission of these crimes, with 2/3 (3) organized retail crime— (A) threatens the safety and liberty of individuals in the United States when those individuals engage in commerce; (B) erodes the retail economy for customers and businesses alike; and (C) finances transnational criminal organizations that use the proceeds of those thefts to support the criminal goals of the criminal organizations; and (4) it has become necessary for Congress— (A) to amend title 18, United States Code, to ensure that law enforcement has the legal tools necessary to combat organized retail crime in the same capacity as law enforcement is able to combat theft and diversion from other portions of the supply chain; and (B) to direct the executive branch to create a central coordination center to align Federal, State, local, territorial, and Tribal efforts to combat organized retail crime. 3. Amendments to title 18, United States Code Part I of title 18, United States Code, is amended— (1) in section 982(a)(5)— (A) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; (B) by inserting after subparagraph (B) the following: (C) section 659 (interstate or foreign shipments by carrier; State prosecutions); ; (C) in subparagraph (E), as so redesignated, by striking ; or (D) in subparagraph (F), as so redesignated, by striking the period at the end and inserting a semicolon; and (E) by inserting after subparagraph (F), as so redesignated, the following: (G) section 2314 (transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting); or (H) section 2315 (sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps). ; (2) in section 1956(c)(7)(D)— (A) by inserting section 659 (interstate or foreign shipments by carrier; State prosecutions), section 658 (relating to property mortgaged or pledged to farm credit agencies), (B) by inserting section 2314 (transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting), section 2315 (sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps), section 2281 (relating to violence against maritime fixed platforms), (3) in section 2314, in the first paragraph— (A) by inserting or by using any facility of interstate or foreign commerce, commerce (B) by inserting or of an aggregate value of $5,000 or more during any 12-month period, more, (C) by inserting , embezzled, stolen (D) by inserting , false pretense, or other illegal means fraud (4) in section 2315, in the first paragraph— (A) by inserting or of an aggregate value of $5,000 or more during any 12-month period, $5,000 or more, (B) by striking ; or , or have been stolen, unlawfully converted, or taken by the use of any facility of interstate or foreign commerce in the commission of said act; or 4. Establishment of a Center to Combat Organized Retail Crime (a) In general Title III of the Trade Facilitation and Trade Enforcement Act of 2015 19 U.S.C. 4341 et seq. 305A. Organized Retail Crime Coordination Center (a) Definitions In this section: (1) Center The term Center (2) Organized retail crime The term organized retail crime (A) any crime described in section 2314 or 2315 of title 18, United States Code; and (B) aiding or abetting the commission of, or conspiring to commit, any act that is in furtherance of a violation of a crime referred to in paragraph (1). (b) Organized Retail Crime Coordination Center (1) Establishment Not later than 90 days after the date of the enactment of the Combating Organized Retail Crime Act of 2023 (2) Duties The duties of the Center shall include— (A) coordinating Federal law enforcement activities related to organized retail crime, including investigations of national and transnational criminal organizations that are engaged in organized retail crime; (B) establishing relationships with State and local law enforcement agencies and organizations, including organized retail crime associations, and sharing information regarding organized retail crime threats with such agencies and organizations; (C) assisting State and local law enforcement agencies with their investigations of organized retail crime groups; (D) establishing relationships with retail companies, sharing information with such companies regarding organized retail crime threats, and providing mechanisms for the receipt of investigative information on such threats; (E) establishing a secure system for sharing information regarding organized retail crime threats by leveraging existing information systems at the Department of Homeland Security and the Department of Justice; (F) tracking trends with respect to organized retail crime and releasing annual public reports on such trends; and (G) supporting the provision of training and technical assistance in accordance with subsection (c). (3) Leadership; staffing (A) Director The Center shall be headed by a Director, who shall be— (i) an experienced law enforcement officer; (ii) appointed by the Director of U.S. Immigration and Customs Enforcement; and (iii) in the Senior Executive Service (as defined in section 3132 of title 5, United States Code). (B) Deputy director The Director of the Center shall be assisted by a Deputy Director, who shall be appointed, on a 2-year rotational basis, upon request from the Executive Associate Director of Homeland Security Investigations, by— (i) the Director of the Federal Bureau of Investigation; (ii) the Director of the United States Secret Service; or (iii) the Chief Postal Inspector. (C) Federal staff The staff of the Center shall include— (i) Special Agents and Analysts from Homeland Security Investigations; and (ii) detailed criminal investigators, analysts, and liaisons from other Federal agencies who have responsibilities related to organized retail crime, including detailees from— (I) U.S. Customs and Border Protection; (II) the United States Secret Service; (III) the United States Postal Inspection Service; (IV) the Bureau of Alcohol, Tobacco, Firearms and Explosives; and (V) the Drug Enforcement Administration. (D) State and local staff The staff of the Center may include detailees from State and local law enforcement agencies, who shall serve at the Center on a nonreimbursable basis. (4) Coordination (A) In general The Center shall coordinate its activities, as appropriate, with other Federal agencies and centers responsible for countering transnational organized crime threats. (B) Shared resources In establishing the Center, the Executive Associate Director of Homeland Security Investigations may co-locate or otherwise share resources and personnel, including detailees and agency liaisons, with— (i) the National Intellectual Property Rights Coordination Center established pursuant to section 305(a)(1); or (ii) other existing interagency centers within the Department of Homeland Security. (C) Agreements The Director of the Center, or his or her designee, may enter into agreements with Federal, State, local, and Tribal agencies and private sector entities to facilitate carrying out the duties described in paragraph (2). (D) Information sharing Subject to the approval of the Director of the Center, information that would otherwise be subject to the limitation on the disclosure of confidential information set forth in section 1905 of title 18, United States Code, may be shared if such disclosure is operationally necessary. The Director may not delegate his or her authority under this subparagraph. (5) Reporting requirements (A) Initial report (i) In general Not later than 1 year after the date of the enactment of the Combating Organized Retail Crime Act of 2023 (I) the Committee on the Judiciary of the Senate (II) the Committee on Homeland Security and Governmental Affairs of the Senate (III) the Committee on the Judiciary of the House of Representatives (IV) the Committee on Homeland Security of the House of Representatives (ii) Contents The report required under clause (i) should include a description of— (I) the organizational structure of the Center; (II) the agencies and partner organizations that are represented within the Center; (III) any challenges that had to be addressed while establishing the Center; (IV) any lessons learned from establishing the Center, including successful prosecutions resulting from the activities of the Center; (V) recommendations for ways to strengthen the enforcement of laws involving organized retail crime; (VI) recommendations for ways to include organized retail crime within a holistic supply chain security enforcement framework; (VII) the intersections and commonalities between organized retail crime organizations and other organized theft groups, including supply chain diversion and theft; and (VIII) the impact of organized theft groups on the scarcity of vital products, including medicines, personal protective equipment, and infant formula. (B) Annual report Beginning on the date that is 1 year after the submission of the report required under subparagraph (A), the Director shall submit an annual report that describes the activities of the Center during the previous year to the congressional committees listed in subparagraph (A)(i). (c) Training and technical assistance (1) Evaluation Not later than 180 days after the date of the enactment of the Combating Organized Retail Crime Act of 2023 (2) Evaluation scope The evaluation required under paragraph (1) shall evaluate, at a minimum— (A) the Homeland Security Grant Program at the Federal Emergency Management Agency; (B) grant programs at the Office of Justice Programs within the Department of Justice; and (C) relevant training programs at the Federal Law Enforcement Training Center. (3) Report Not later than 45 days after the completion of the evaluation required under paragraph (1), the Secretary of Homeland Security and the Attorney General shall jointly submit a report to the congressional committees listed in subsection (b)(5)(A)(i) that— (A) describes the results of such evaluation; and (B) includes recommendations on ways to expand grants, training, and technical assistance for combating organized retail crime. (4) Enhancing or modifying training and technical assistance Not later than 45 days after submitting the report required under paragraph (3), the Secretary of Homeland Security and the Attorney General shall jointly issue formal guidance to relevant agencies and offices within the Department of Homeland Security and the Department of Justice for modifying or expanding, as appropriate, the prioritization of training and technical assistance designed to counter organized retail crime. . (b) Clerical amendment The table of contents for the Trade Facilitation and Trade Enforcement Act of 2015 Public Law 107–296 Sec. 305A. Organized Retail Crime Coordination Center. .

Combating Organized Retail Crime Act of 2023

Minority Entrepreneurship Grant Program Act of 2023 This bill requires the Small Business Administration (SBA) to award grants to create or expand programs at minority-serving institutions and historically Black colleges and universities (HBCUs) that foster, promote, and increase opportunities for minority business ownership. The SBA must also establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how these institutions and HBCUs can better serve minority businesses and entrepreneurs.

118 S1402 IS: Minority Entrepreneurship Grant Program Act of 2023 U.S. Senate 2023-05-02 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. 1402 IN THE SENATE OF THE UNITED STATES May 2, 2023 Ms. Rosen Mr. Tillis Committee on Small Business and Entrepreneurship A BILL To require the Administrator of the Small Business Administration, in consultation with the Under Secretary of Commerce for Minority Business Development, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes. 1. Short title This Act may be cited as the Minority Entrepreneurship Grant Program Act of 2023 2. Definitions In this Act: (1) Administrator The term Administrator (2) Board The term Board (3) Historically Black college or university The term historically Black college or university 20 U.S.C. 1061 (4) Minority The term minority (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. (5) Minority-serving institution The term minority-serving institution (A) A Hispanic-serving institution, as that term is defined in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) (B) A Tribal College or University, as that term is defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) (C) An Alaska Native-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059d(b) (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059d(b) (E) A Predominantly Black Institution, as that term is defined in section 318(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059e(b) (F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059f(b) (G) An Asian American and Native American Pacific Islander-serving institution, as that term is defined in section 320(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059g(b) (6) Program The term Program (7) Small business concern The term small business concern 15 U.S.C. 632(a) (8) Student entrepreneur The term student entrepreneur (A) a minority; (B) enrolled at a minority-serving institution or a historically Black college or university; and (C) seeking to establish or develop a business. (9) Under Secretary The term Under Secretary 3. Grant program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Under Secretary, shall establish a grant program within the Small Business Administration, the purpose of which shall be to create or expand programs at minority-serving institutions and historically Black colleges and universities that foster, promote, and increase opportunities for minority business ownership. (b) Application process A minority-serving institution or a historically Black college or university seeking a grant under the Program shall submit to the Administrator an application that contains a description of— (1) the need for the grant funds to promote minority entrepreneurship and business ownership among student entrepreneurs enrolled at the minority-serving institution or the historically Black college or university; (2) how the grant funds will be used to carry out the activities described in paragraph (1); (3) how the programs created or expanded with the grant funds will provide support to student entrepreneurs enrolled at the minority-serving institution or historically Black college or university who— (A) seek support for an established business; or (B) need assistance in establishing a business; and (4) how the minority-serving institution or historically Black college or university will create or expand programs or initiatives that— (A) increase minority business ownership; and (B) expand business resources to student entrepreneurs enrolled at the minority-serving institution or historically Black college or university. (c) Amount of grant A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. (d) Use of grant funds With a grant received under the Program, a minority-serving institution or a historically Black college or university shall support the creation or expansion of programs or initiatives that offer business development resources that support student entrepreneurs enrolled at the minority-serving institution or historically Black college or university, such as— (1) free legal, accounting, human resources, information technology, marketing, training, counseling, networking, and technical assistance; and (2) access to capital resources, such as the costs associated with forming a new business enterprise. (e) MSI submission requirement A minority-serving institution or historically Black college or university to which a grant is made under the Program shall, each year, submit to the Administrator a mid-year and year-end report, each of which shall contain, for the period covered by the report, the number of— (1) student entrepreneurs trained, assisted, and counseled with the grant funds; (2) businesses created through the expenditure of the grant funds, including, with respect to each such business— (A) the name of the business; (B) a description of the business; and (C) the amount of grant funds expended in creating the business; (3) student entrepreneurs referred to other resources of the Small Business Administration; and (4) student entrepreneurs participating in programs created or expanded through the expenditure of the grant funds, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity. (f) Report to Congress Not later than 18 months after the date on which the first grant is made under the Program, and annually thereafter, the Administrator shall submit to Congress a report that contains information regarding the minority-serving institutions and historically Black colleges or universities to which grants were made under the Program for the period covered by the report, which shall include— (1) the name of each such minority-serving institution and historically Black college or university and the amount of each such grant; (2) the number of student entrepreneurs trained, assisted, and counseled with Program grant funds— (A) at each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (3) the number of businesses created through the expenditure of Program grant funds— (A) with respect to each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (4) the number of student entrepreneurs referred to resources of the Small Business Administration— (A) at each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (5) the number of student entrepreneurs participating in programs created or expanded through the expenditure of Program grant funds at each minority-serving institution and historically Black college or university to which a grant was made under the Program, and in total under the Program, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity; and (6) a statement regarding whether any amounts made available to carry out this section remain unexpended, as of the date on which the report is submitted. (g) Authorization of appropriations There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. 4. Advisory board (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how minority-serving institutions and historically Black colleges and universities can better serve minority businesses and entrepreneurs. (b) Membership of Board The members of the Board shall be— (1) appointed by the Administrator; and (2) individuals with— (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience— (i) working with startups; or (ii) in providing consultation to small business concerns. (c) Submission to Congress Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (d) Inapplicability of Federal advisory committee requirements Chapter 10

Minority Entrepreneurship Grant Program Act of 2023

Medical Student Education Authorization Act of 2023 This bill provides statutory authority for the Medical Student Education Program, which provides matching grants for educating and training medical students and encouraging them to serve as primary care physicians in tribal, rural, or medically underserved communities. The Health Resources and Services Administration (HRSA) must award the grants to public institutions of higher education located in states that rank in the top quintile of states based on their projected shortage of primary care physicians. In awarding the grants, HRSA must give priority to recipients that (1) are located in states with two or more federally recognized Indian tribes, and (2) have established or plan to establish a public-private partnership to support the implementation of the grant.

118 S1403 IS: Medical Student Education Authorization Act of 2023 U.S. Senate 2023-05-02 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. 1403 IN THE SENATE OF THE UNITED STATES May 2, 2023 Mr. Mullin Ms. Rosen Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to establish a grant program to award grants to accredited public institutions of higher education, and for other purposes. 1. Short title This Act may be cited as the Medical Student Education Authorization Act of 2023 2. Education program to support primary health care for medically underserved communities Part B of title VII of the Public Health Service Act ( 42 U.S.C. 293 et seq. 742. Education program to support primary health care for medically underserved communities (a) Establishment The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a grant program to award grants to accredited public institutions of higher education to carry out the activities described in subsection (d) for the purposes of— (1) expanding and supporting education for medical students who are preparing to become physicians; and (2) preparing and encouraging each such student trained by a grantee to serve in a Tribal, rural, or medically underserved community as a primary care physician after completing residency training. (b) Eligibility In order to be eligible to receive a grant under this section, an accredited public institution of higher education shall— (1) be located in a State that is in the top quintile of States by a projected shortage of primary care physicians, as determined by the Secretary; and (2) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, that includes— (A) a certification that such institution will use amounts provided to the institution through the grant to carry out the activities described in subsection (d); and (B) a description of how such institution will carry out such activities. (c) Priority In awarding grants under this section, the Secretary shall give priority to accredited public institutions of higher education that meet the eligibility requirements of subsection (b) and— (1) are located in a State with not fewer than 2 Indian Tribes or Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act); and (2) have established, or demonstrate plans to establish, a public-private partnership that supports the purposes described in subsection (a). (d) Use of funds An eligible entity that receives a grant under this section shall, as appropriate, use the funds made available under such grant to carry out the following activities: (1) Support or expand community-based and experiential training for medical students who will practice in or serve Tribal, rural, and medically underserved communities. (2) Develop and operate programs to train medical students in the provision of primary care services, which may include developing training programs and activities that— (A) emphasize care for Tribal, rural, or medically underserved communities; (B) are applicable to primary care practice with respect to individuals from Tribal, rural, or medically underserved communities; (C) support the use of telehealth technologies and practices; (D) integrate mental health and substance use disorder care into primary care practice, including prevention and treatment of opioid use disorders and other substance use disorders; and (E) promote interdisciplinary training. (3) Increase the capacity of faculty to develop and operate programs described in paragraph (2). (4) Develop or expand strategic partnerships, such as public-private partnerships, to improve health outcomes for individuals from Tribal, rural, and medically underserved communities, which partnerships may include— (A) federally recognized Tribes, Tribal Colleges or Universities (as such term is defined in section 316 of the Higher Education Act of 1965), and Tribal organizations (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act); (B) Federally-qualified health centers; (C) rural health clinics; (D) health facilities or programs operated by or in accordance with a contract or grant with the Indian Health Service; and (E) primary care clinics. (5) Develop a plan, as appropriate, for followup with graduates, including with respect to specialties, as applicable. (6) Develop, implement, and evaluate methods to improve recruitment and retention of medical students from Tribal, rural, and medically underserved communities. (7) Train and support instructors to serve Tribal, rural, and medically underserved communities. (8) Prepare medical students for transition into primary care residency training and future practice. (9) Provide scholarships to medical students. (e) Grant period A grant under this section shall be awarded for a period of not more than 5 years. (f) Grant amount Each fiscal year, the amount of a grant made to an eligible entity under this section shall be not less than $1,000,000. (g) Matching requirement The Secretary shall, as appropriate, require that an eligible entity receiving a grant under this section provide non-Federal matching funds, which may be in cash or in kind, in an amount equal to or greater than 10 percent of the total amount of Federal funds provided through the grant each fiscal year. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2023 through 2025. .

Medical Student Education Authorization Act of 2023

Chaco Cultural Heritage Area Protection Act of 2023 This bill withdraws certain federal land in New Mexico and authorizes the Department of the Interior to convey the land to, or exchange the land with, an Indian tribe under a resource management plan. Nonproducing oil and gas leases on the withdrawn land are terminated.

104 S1404 IS: Chaco Cultural Heritage Area Protection Act of 2023 U.S. Senate 2023-05-02 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. 1404 IN THE SENATE OF THE UNITED STATES May 2, 2023 Mr. Luján Mr. Heinrich Committee on Energy and Natural Resources A BILL To provide for the withdrawal and protection of certain Federal land in the State of New Mexico, and for other purposes. 1. Short title This Act may be cited as the Chaco Cultural Heritage Area Protection Act of 2023 2. Findings Congress finds that— (1) there are archeological, sacred, and historic resources located throughout the Greater Chaco region, which spans the States of New Mexico, Arizona, Utah, and Colorado; (2) the Chaco Culture National Historical Park, a unit of the National Park System and a United Nations Educational, Scientific and Cultural Organization World Heritage Site, is known around the world— (A) for multi-story buildings constructed by the Chacoan people that are still standing; and (B) as the nerve center of a culture that spread throughout and dominated the Four Corners area during the 9th, 10th, and 11th centuries; (3) the Chacoan people built hundreds of miles of roads and a network of villages, shrines, and communications sites, many of which are still visible; (4) many Pueblos and Indian Tribes in the Four Corners area claim cultural affiliation with, and are descended from, the Chacoan people; (5) the landscape around the Chaco Culture National Historical Park includes hundreds of internationally and nationally significant cultural resources, including prehistoric roads, communities, and shrines— (A) many of which are related to the resources found in the Chaco Culture National Historical Park, including the resources recognized by the amendment made by section 3 of the Chacoan Outliers Protection Act of 1995 ( 16 U.S.C. 410ii Public Law 104–11 (B) a significant number of which are concentrated within the immediate area surrounding the Chaco Culture National Historical Park; and (C) that are commonly recognized by archeologists; (6) long considered one of the best places for stargazing in the world, Chaco Culture National Historical Park— (A) in 1991, established a night skies protection initiative and interpretive program to protect the night sky in the area of the Chaco Culture National Historical Park; and (B) in 2013, was certified as an International Dark Sky Park; (7) the Greater Chaco region extends beyond Chaco Culture National Historical Park and encompasses— (A) local communities, including the Pueblo Indian Tribes, Navajo Nation, Hopi Tribe, and other Indian Tribes; and (B) public and private land, which includes additional cultural resources and sacred sites; (8) for over 110 years, the Federal Government has recognized the importance of the area in which the Chacoan people lived and has acted to protect historic and sacred sites in the area, including— (A) Chaco Canyon, which was designated as a National Monument in 1907 and as the Chaco Culture National Historical Park in 1980; (B) the Aztec Ruins, which was designated as a National Monument in 1923 and expanded in each of 1928, 1930, 1948, and 1988; and (C) the 39 Chaco Culture Archeological Protection Sites designated in 1995; (9) recognizes that the standard for Tribal consultation is outlined in Executive Order No. 13175 ( 25 U.S.C. 5301 (10) extensive natural gas development has occurred in the Greater Chaco region that affect the health, safety, economies, and quality of life of local communities; (11) renewed interest in oil exploration and production within the Mancos/Gallup Shale play has increased the potential for— (A) significant impacts on cultural and other resources, the holistic experience of the sacred landscape, and visitor experiences at the Chaco Culture National Historical Park; and (B) additional impacts on local communities in the Greater Chaco region, including the Pueblo Indian Tribes, Navajo Nation, Hopi Tribe, and other Indian Tribes; (12) a mineral withdrawal in the landscape around the Chaco Culture National Historical Park would prevent leasing and development on Federal land and of Federal minerals in the immediate area surrounding the Chaco Culture National Historical Park, which would protect resources and visitor experiences at the Chaco Culture National Historical Park; (13) additional studies and protective measures should be undertaken to address health, safety, and environmental impacts on communities and interests of the Pueblo Indian Tribes, Navajo Nation, Hopi Tribe, and other Indian Tribes in the Greater Chaco region; and (14) the Greater Chaco region continues to be used for ceremonial and cultural purposes by the Pueblo Indian Tribes, Navajo Nation, Hopi Tribe, and other Indian Tribes. 3. Definitions In this Act: (1) Covered lease The term covered lease (A) on which drilling operations have not been commenced before the end of the primary term of the applicable lease; (B) that is not producing oil or gas in paying quantities; and (C) that is not subject to a valid cooperative or unit plan of development or operation certified by the Secretary to be necessary. (2) Federal land (A) In general The term Federal land (i) any Federal land or interest in Federal land that is within the boundaries of the Chaco Cultural Heritage Withdrawal Area, as depicted on the Withdrawal Map; and (ii) any land or interest in land located within the boundaries of the Chaco Cultural Heritage Withdrawal Area, as depicted on the Withdrawal Map, that is acquired by the Federal Government after the date of enactment of this Act. (B) Exclusion The term Federal land (3) Secretary The term Secretary (4) Withdrawal map The term Withdrawal Map Proposed Withdrawal Chaco Culture National Historic Park Surrounding Area Notice of Proposed Withdrawal and Public Meetings; San Juan County, NM 4. Withdrawal of certain Federal land in the State of New Mexico (a) In general Subject to any valid existing rights, the Federal land is withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Availability of Withdrawal Map The Withdrawal Map shall be made available for inspection at each appropriate office of the Bureau of Land Management. (c) Conveyance of federal land to indian tribes Notwithstanding subsection (a), the Secretary may convey the Federal land to, or exchange the Federal land with, an Indian Tribe in accordance with a resource management plan that is approved as of the date of enactment of this Act, as subsequently developed, amended, or revised in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. (d) Oil and gas lease management (1) Termination of non-producing leases A covered lease— (A) shall automatically terminate by operation of law pursuant to section 17(e) of the Mineral Leasing Act ( 30 U.S.C. 226(e) (B) may not be extended by the Secretary. (2) Withdrawal of terminated, relinquished, or acquired leases Any portion of the Federal land subject to a covered lease terminated under paragraph (1) or otherwise or relinquished or acquired by the United States on or after the date of enactment of this Act is withdrawn from— (A) all forms of entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (e) Effect Nothing in this section— (1) affects the mineral rights of an Indian Tribe or a member of the Navajo Nation or any other Indian Tribe to trust land or allotment land; or (2) precludes improvements to, or rights-of-way for water, power, utility, or road development on, the Federal land to assist communities adjacent to or in the vicinity of the Federal land.

Chaco Cultural Heritage Area Protection Act of 2023

Utah School and Institutional Trust Lands Administration Exchange Act of 2023 This bill ratifies an agreement between the Utah School and Institutional Trust Lands Administration, the state of Utah, and the Department of the Interior for the exchange of certain federal and state lands in Utah. The bill provides for the equalization of values of such lands. The bill provides for the withdrawal of federal land to be conveyed to Utah from mineral entry prior to the exchange, and state land conveyed to the United States from all forms of appropriation and disposal.

118 S1405 IS: Utah School and Institutional Trust Lands Administration Exchange Act of 2023 U.S. Senate 2023-05-02 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. 1405 IN THE SENATE OF THE UNITED STATES May 2, 2023 Mr. Lee Mr. Romney Committee on Energy and Natural Resources A BILL To provide for the exchange of certain Federal land and State land in the State of Utah. 1. Short title This Act may be cited as the Utah School and Institutional Trust Lands Administration Exchange Act of 2023 2. Definitions In this Act: (1) Administration The term Administration (2) Agreement The term Agreement Memorandum of Understanding—Exchange of Lands (3) Legal description The term Legal Description (4) Map The term Map (5) Secretary The term Secretary (6) State The term State 3. Ratification of agreement between the Administration, the State of Utah, and the Secretary of the Interior (a) Ratification All terms, conditions, procedures, covenants, reservations, and other provisions included in the Agreement— (1) shall be considered to be in the public interest; (2) are incorporated by reference into this Act; (3) are ratified and confirmed by Congress; and (4) set forth the obligations of the United States, the State, and the Administration under the Agreement as a matter of Federal law. (b) Implementation The Secretary shall implement the Agreement. 4. Conveyances (a) Public interest determination The land exchange directed by the Agreement shall be considered to be in the public interest. (b) Authorization (1) Conveyances Notwithstanding any other provision of law, the conveyances of land and interests in land described in paragraphs (2), (3), and (5) of the Agreement shall be executed in accordance with this Act and the Agreement. (2) Deadline for certain conveyances The conveyances of land and interests in land described in paragraphs (2) and (3) of the Agreement shall be completed not later than 45 days after the date of enactment of this Act. (3) Requirement If necessary, the conveyances of land and interests in land described in the Agreement shall be equalized in accordance with section 5(b). (c) Map and legal descriptions (1) Public availability The Map and Legal Descriptions shall be on file and available for public inspection in the offices of the Secretary and the State Director of the Bureau of Land Management. (2) Conflict In the case of any conflict between the Map and the Legal Descriptions, the Legal Descriptions shall control. (3) Technical corrections Nothing in this Act prevents the Secretary and the Administration from agreeing to the correction of technical errors or omissions in the Map or Legal Descriptions. (d) Adequacy of applicable plans A conveyance of Federal land or an interest in Federal land to the State under the Agreement shall be considered to comply with any applicable land use plan developed under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 5. Equalization of the exchange (a) Appraisal (1) In general Not later than 18 months after the date of execution of the exchange under section 4, the total value of the land exchanged shall be determined by an appraisal in accordance with paragraph (5) of the Agreement, that shall— (A) be based on land and mineral values determined as of the date of enactment of this Act; (B) be conducted in accordance with section 206(d) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d) (C) use nationally recognized appraisal standards, including— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (2) Minerals (A) Mineral reports The appraisals conducted under paragraph (1) may take into account mineral and technical reports provided by the Secretary and the Administration in the evaluation of mineral deposits in the land and interests in land exchanged under the Agreement. (B) Mining claims The appraisal of any parcel of Federal land or interest in Federal land that is encumbered by a mining claim, mill site, or tunnel site located under the mining laws shall be conducted in accordance with standard appraisal practices, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisition. (C) Validity examinations Nothing in this paragraph requires the United States to conduct a mineral examination for any mining claim on the Federal land or interest in Federal land conveyed under the Agreement. (3) Adjustment (A) In general If value is attributed to any parcel of Federal land or interest in Federal land through an appraisal under paragraph (1) based on the presence of minerals subject to leasing under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 30 U.S.C. 191(a) (B) Limitation Any adjustment under subparagraph (A) shall not be considered to be a property right of the State. (4) Approval; duration An appraisal conducted under paragraph (1) shall— (A) be submitted to the Secretary and the Administration for approval; and (B) remain valid for 3 years after the date on which the appraisal is approved by the Secretary and the Administration under subparagraph (A). (5) Dispute resolution If, by the date that is 90 days after the date of submission of an appraisal for review and approval under paragraph (4)(A), the Secretary and the Administration do not agree to accept the findings of the appraisal with respect to any parcel of land or interest in land to be exchanged, the dispute shall be resolved in accordance with section 206(d)(2) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d)(2) (b) Equalization of values If the total value of the State land described in paragraph (2) of the Agreement and the total value of the Federal land and interests in Federal land described in paragraph (3) of the Agreement, as determined under subsection (a), are not equal— (1) the value shall be equalized in accordance with paragraph (5) of the Agreement; and (2) the conveyance of equalization parcels, in accordance with paragraph (5) of the Agreement, shall occur not later than 45 days after the date of the identification of the appraised equalization parcels or portions of parcels to be conveyed to ensure that the exchange is of equal value. 6. Withdrawals (a) Withdrawal of Federal land from mineral entry prior to exchange Subject to valid existing rights, the Federal land and interests in Federal land to be conveyed to the State under section 4(b) are withdrawn from mineral location, entry, and patent under the mining laws pending conveyance of the Federal land and interests in Federal land to the State. (b) Withdrawal of State land conveyed to the United States Subject to valid existing rights, on the date of acquisition by the United States, the State land described in paragraph (2) of the Agreement acquired by the United States under section 4(b), to the extent not subject to previous withdrawals, is permanently withdrawn from all forms of appropriation and disposal under— (1) the public land laws (including the mining and mineral leasing laws); and (2) the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. (c) Withdrawal revocation Any withdrawal of the parcels of Federal land and interests in Federal land described in paragraph (3) of the Agreement to be conveyed to the State under section 4(b) from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit the conveyance of the Federal land parcel to the State free of any encumbrances associated with power site reserves or classifications. 7. Sunnyside, Utah, water supply provisions The Act of January 7, 1921 (41 Stat. 1087, chapter 13), is amended by adding at the end the following: 5. Certain exclusions Notwithstanding any other provision of this Act, the provisions of this Act of shall not apply to the following: (1) S 1/2 1/4 (2) Lots 1–4, T. 14 S., R. 14 E., sec. 11, S 1/2 1/2 1/2 (3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, S 1/2 1/4 1/4 (4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, NE 1/4 1/2 1/2 1/4 (5) T. 14 S., R. 14 E., sec. 14, of the Salt Lake Meridian. .

Utah School and Institutional Trust Lands Administration Exchange Act of 2023

Targeting Child Predators Act of 2023 This bill revises the processes and procedures related to nondisclosure requirements issued in connection with certain administrative subpoenas. The bill modifies the process for issuing a nondisclosure requirement in a child exploitation or abuse investigation and lengthens the period of time during which a recipient of an administrative subpoena is prohibited from disclosure. It also subjects a nondisclosure requirement to judicial review, requires the administrative subpoena to include notice of the availability of judicial review, and establishes a process for judicial review.

118 S1406 IS: Targeting Child Predators Act of 2023 U.S. Senate 2023-05-02 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. 1406 IN THE SENATE OF THE UNITED STATES May 2, 2023 Mr. Kennedy Mr. Cotton Mr. Cruz Mr. Ricketts Mr. Cornyn Committee on the Judiciary A BILL To amend title 18, United States Code, to provide a certification process for the issuance of nondisclosure requirements accompanying certain administrative subpoenas, to provide for judicial review of such nondisclosure requirements, and for other purposes. 1. Short title This Act may be cited as the Targeting Child Predators Act of 2023 2. Nondisclosure of administrative subpoenas Section 3486(a) of title 18, United States Code, is amended— (1) by striking the Secretary of the Treasury the Secretary of Homeland Security (2) in paragraph (5), by striking ordered by a court (3) in paragraph (6)— (A) in subparagraph (A), by striking A United States Except as provided in subparagraph (D), a United States (B) by adding at the end the following: (D) (i) (I) If a subpoena issued under this section as described in paragraph (1)(A)(i)(II) is accompanied by a certification under subclause (II) of this clause and notice of the right to judicial review under clause (iii) of this subparagraph, no recipient of such a subpoena shall disclose to any person that the Federal official who issued the subpoena has sought or obtained access to information or records under this section, for a period of 180 days. (II) The requirements of subclause (I) shall apply if the Federal official who issued the subpoena certifies that the absence of a prohibition of disclosure under this subsection may result in— (aa) endangering the life or physical safety of an individual; (bb) flight from prosecution; (cc) destruction of or tampering with evidence; (dd) intimidation of potential witnesses; or (ee) otherwise seriously jeopardizing an investigation. (ii) (I) A recipient of a subpoena under this section as described in paragraph (1)(A)(i)(II) may disclose information otherwise subject to any applicable nondisclosure requirement to— (aa) those persons to whom disclosure is necessary in order to comply with the request; (bb) an attorney in order to obtain legal advice or assistance regarding the request; or (cc) other persons as permitted by the Federal official who issued the subpoena. (II) A person to whom disclosure is made under subclause (I) shall be subject to the nondisclosure requirements applicable to a person to whom a subpoena is issued under this section in the same manner as the person to whom the subpoena was issued. (III) Any recipient that discloses to a person described in subclause (I) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement. (IV) At the request of the Federal official who issued the subpoena, any person making or intending to make a disclosure under item (aa) or (cc) of subclause (I) shall identify to the individual making the request under this clause the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. (iii) (I) A nondisclosure requirement imposed under clause (i) shall be subject to judicial review under section 3486A. (II) A subpoena issued under this section as described in paragraph (1)(A)(i)(II), in connection with which a nondisclosure requirement under clause (i) is imposed, shall include notice of the availability of judicial review described in subclause (I). (iv) A nondisclosure requirement imposed under clause (i) may be extended in accordance with section 3486A(a)(4). . 3. Judicial review of nondisclosure requirements (a) In general Chapter 223 section 3486 3486A. Judicial review of nondisclosure requirements (a) Nondisclosure (1) In general (A) Notice If a recipient of a subpoena under section 3486 as described in subsection (a)(1)(A)(i)(II) of section 3486 wishes to have a court review a nondisclosure requirement imposed in connection with the subpoena, the recipient may notify the Government or file a petition for judicial review in any court described in subsection (a)(5) of section 3486. (B) Application Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant subpoena. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the subpoena is doing business or in the district court of the United States for any judicial district within which the authorized investigation that is the basis for the subpoena is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement. (C) Consideration A district court of the United States that receives a petition under subparagraph (A) or an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances. (2) Application contents An application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph (1) shall include a certification from the Federal official who issued the subpoena indicating that the absence of a prohibition of disclosure under this subsection may result in— (A) endangering the life or physical safety of an individual; (B) flight from prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; or (E) otherwise seriously jeopardizing an investigation. (3) Standard A district court of the United States shall issue a nondisclosure order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period may result in— (A) endangering the life or physical safety of an individual; (B) flight from prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; or (E) otherwise seriously jeopardizing an investigation. (4) Extension Upon a showing that the circumstances described in subparagraphs (A) through (E) of paragraph (3) continue to exist, a district court of the United States may issue an ex parte order extending a nondisclosure order imposed under this subsection or under section 3486(a)(6)(D) for additional periods of 180 days, or, if the court determines that the circumstances necessitate a longer period of nondisclosure, for additional periods which are longer than 180 days. (b) Closed hearings In all proceedings under this section, subject to any right to an open hearing in a contempt proceeding, the court must close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 3486. Petitions, filings, records, orders, certifications, and subpoenas must also be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a subpoena under section 3486. . (b) Clerical amendment The table of sections at the beginning of chapter 223 section 3486 3486A. Judicial review of nondisclosure requirements. .

Targeting Child Predators Act of 2023

Ending Forced Arbitration of Race Discrimination Act of 2023 This bill prohibits a predispute arbitration agreement from being valid or enforceable with respect to a case relating to a race discrimination dispute at the election of the person alleging the discrimination.

118 S1408 IS: Ending Forced Arbitration of Race Discrimination Act of 2023 U.S. Senate 2023-05-02 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. 1408 IN THE SENATE OF THE UNITED STATES May 2, 2023 Mr. Booker Mrs. Gillibrand Mr. Durbin Committee on the Judiciary A BILL To amend title 9, United States Code, with respect to arbitration of disputes involving race discrimination. 1. Short title This Act may be cited as the Ending Forced Arbitration of Race Discrimination Act of 2023 2. Predispute arbitration of disputes involving race discrimination (a) In general Title 9, United States Code, is amended by adding at the end the following: 5 Arbitration of disputes involving race discrimination Sec. 501. Definitions. 502. No validity or enforceability. 501. Definitions In this chapter: (1) Predispute arbitration agreement; predispute joint-action waiver The terms predispute arbitration agreement predispute joint-action waiver (2) Race discrimination dispute The term race discrimination dispute 502. No validity or enforceability (a) In general Notwithstanding any other provision of this title, at the election of the person alleging conduct constituting a race discrimination dispute, or the named representative of a class or in a collective action alleging such conduct, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, State, or local law and relates to the race discrimination dispute. (b) Determination of applicability An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. . (b) Technical and conforming amendments (1) In general Title 9, United States Code is amended— (A) in section 2, by inserting or 5 (B) in section 208, in the second sentence, by inserting or 5 (C) in section 307, in the second sentence, by inserting or 5 (2) Table of chapters The table of chapters for title 9, United States Code, is amended by adding at the end the following: 5. Arbitration of disputes involving race discrimination 501. . 3. Applicability This Act, and the amendments made by this Act, shall apply with respect to any dispute or claim that arises or accrues on or after the date of enactment of this Act.

Ending Forced Arbitration of Race Discrimination Act of 2023

Energy Consumer Protection Act of 2023 This bill expands enforcement provisions under the Federal Power Act and the Natural Gas Act, including by allowing the Federal Energy Regulatory Commission to temporarily or permanently ban any person from trading in energy markets if the person (1) violates those acts by manipulating the electricity or natural gas markets, or (2) files false information regarding those markets.

118 S1410 IS: Energy Consumer Protection Act of 2023 U.S. Senate 2023-05-03 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. 1410 IN THE SENATE OF THE UNITED STATES May 3, 2023 Ms. Cortez Masto Ms. Cantwell Committee on Energy and Natural Resources A BILL To amend the Federal Power Act and the Natural Gas Act with respect to the enforcement of certain provisions, and for other purposes. 1. Short title This Act may be cited as the Energy Consumer Protection Act of 2023 2. Prohibitions and suspensions for violations (a) Amendments to the Federal Power Act (1) Enforcement of certain provisions Section 316A of the Federal Power Act ( 16 U.S.C. 825o–1 (c) Prohibition or suspension for violations The Commission may prohibit, conditionally or unconditionally, permanently or for such period of time as the Commission determines to be appropriate, any person who is engaged or has engaged in practices constituting a violation of section 221 or 222 (and related rules and regulations) from engaging, directly or indirectly, in the business of purchasing or selling— (1) electric energy; (2) electric energy products, including financial transmission rights; or (3) transmission services subject to the jurisdiction of the Commission. . (2) Conforming amendments Section 314(d) of the Federal Power Act ( 16 U.S.C. 825m(d) (A) in the matter preceding paragraph (1)— (i) by striking individual person (ii) by inserting or 222 section 221 (B) in paragraph (1), by inserting with respect to a person who is an individual, acting (C) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting , directly or indirectly, engaging (ii) in subparagraph (A), by striking ; or (iii) by redesignating subparagraph (B) as subparagraph (C); and (iv) by inserting after subparagraph (A) the following: (B) electric energy products, including financial transmission rights; or . (b) Amendments to Natural Gas Act (1) Prohibition on filing false information The Natural Gas Act ( 15 U.S.C. 717 et seq. 4B. Prohibition on filing false information No person shall willfully and knowingly report to a Federal agency or private-sector price-reporting agency, with intent to fraudulently affect the data being compiled by the Federal agency or private-sector price-reporting agency, any information relating to the transportation or sale of natural gas subject to the jurisdiction of the Commission (including information relating to the availability and prices of natural gas sold at wholesale and in interstate commerce and information relating to the operation of facilities for the transportation and sale of natural gas at wholesale and in interstate commerce) that the person knows to be false at the time of the reporting. . (2) Civil penalty authority Section 22 of the Natural Gas Act ( 15 U.S.C. 717t–1 (d) Prohibition or suspension for violations The Commission may prohibit, conditionally or unconditionally, permanently or for such period of time as the Commission determines to be appropriate, any person who is engaged or has engaged in practices constituting a violation of section 4A or 4B (including related rules and regulations) from engaging, directly or indirectly, in the business of purchasing or selling— (1) natural gas; or (2) transmission services subject to the jurisdiction of the Commission. . (3) Conforming amendments Section 20(d) of the Natural Gas Act ( 15 U.S.C. 717s(d) (A) in the matter preceding paragraph (1), by striking individual person (B) in paragraph (1), by inserting with respect to a person who is an individual, acting (C) in paragraph (2), in the matter preceding subparagraph (A), by inserting , directly or indirectly, engaging

Energy Consumer Protection Act of 2023

National Weather Service Communications Improvement Act This bill requires the National Weather Service (NWS) to replace NWSChat with a commercial, off-the-shelf communications solution that is hosted on the public cloud. (NWSChat is an instant messaging program used by NWS personnel to share, in real-time, critical warnings and other types of weather information.)

118 S1414 ES: National Weather Service Communications Improvement 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. 1414 IN THE SENATE OF THE UNITED STATES AN ACT To improve the instant messaging service used by the National Weather Service, and for other purposes. 1. Short title This Act may be cited as the National Weather Service Communications Improvement Act 2. National Weather Service communications (a) In general Title IV of the Weather Research and Forecasting Innovation Act of 2017 ( 15 U.S.C. 8541 et seq. 415. National Weather Service communications (a) Improvement of instant messaging service (1) In general The Director of the National Weather Service shall improve the instant messaging service used by personnel of the National Weather Service by implementing by October 1, 2027, a commercial off-the-shelf communications solution that replaces the instant messaging service commonly referred to as NWSChat (2) Requirements The communications solution implemented under paragraph (1) shall— (A) be hosted on the public cloud; and (B) satisfy requirements set forth by the Director to ensure that the solution— (i) best accommodates future growth; (ii) performs successfully with increased numbers of users; (iii) is easy to use for the majority of users; and (iv) is similar to systems already in commercial use. (3) Definition of public cloud In this subsection, the term public cloud (b) No additional funds authorized Funds to carry out this section may only come from amounts authorized to be appropriated to the National Oceanic and Atmospheric Administration before the date of the enactment of the National Weather Service Communications Improvement Act . (b) Clerical amendment The table of contents in section 1(b) of the Weather Research and Forecasting Innovation Act of 2017 is amended by inserting after the item relating to section 414 the following: Sec. 415. National Weather Service communications. . Passed the Senate December 18, 2023. Secretary

National Weather Service Communications Improvement Act

Promoting Rural Exports Act of 2023 This bill establishes the Rural Export Center to assist rural businesses seeking to export their products. Specifically, the center must (1) provide in-depth, customized, and actionable market research services for rural businesses; and (2) conduct strategic planning and export support services for those businesses as needed. The center must also collect specified data to measure its effectiveness in assisting businesses and make this data available on its website.

118 S1415 IS: Promoting Rural Exports Act of 2023 U.S. Senate 2023-05-03 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. 1415 IN THE SENATE OF THE UNITED STATES May 3, 2023 Ms. Klobuchar Mr. Hoeven Ms. Smith Mr. Cramer Committee on Banking, Housing, and Urban Affairs A BILL To establish the Rural Export Center, and for other purposes. 1. Short title This Act may be cited as the Promoting Rural Exports Act of 2023 2. Findings Congress finds the following: (1) Rural businesses are often located far from information clusters and major transportation corridors. (2) Because of their location, rural businesses face higher barriers to accessing international markets. (3) A dedicated Rural Export Center within the United States and Foreign Commercial Service providing business- and product-specific support can help companies in the United States looking to export their products. 3. Establishment of the Rural Export Center (a) Definitions In this section: (1) Assistant Secretary The term Assistant Secretary 15 U.S.C. 4721(a)(2) (2) Commercial Service The term Commercial Service 15 U.S.C. 4721(a)(1) (b) Establishment of the Rural Export Center (1) In general Not later than 1 year after the date of the enactment of this Act, the Assistant Secretary shall establish a Rural Export Center (in this section referred to as the Center (2) Location of the Center (A) In general The Center shall be established at an office of the Commercial Service in the United States in existence before the date of the enactment of this Act. (B) Criteria for selecting location In selecting a location for the Center, the Assistant Secretary shall give preference— (i) based on expertise and operations at Commercial Service offices that support rural businesses exporting to new markets before the date of the enactment of this Act; and (ii) to such offices not located in major metropolitan areas. (C) Location of staff Any researcher or staff directly supporting the operation of the Center shall be primarily based at the Center. (c) Export Center operations (1) In general The Center shall— (A) provide in-depth, customized, and actionable market research services that— (i) a business may opt into based on need; and (ii) are— (I) focused on actionable and measurable results for a business; (II) business- and product-specific; (III) targeted to not more than 3 international markets; (IV) based on high-quality data, including data from international trade association subscription databases; and (V) based on market analysis and export services of the Commercial Service available before the date of the enactment of this Act, including the Rural America's Intelligence Service for Exporters program; and (B) conduct strategic planning and export support services for rural businesses as needed. (2) Measure of effectiveness To measure the effectiveness of the Center, the Center shall collect and make available data on— (A) the number of businesses that sign up for market research assistance; (B) the number of export assistance services a business engages in following the research assistance, including— (i) trade shows; (ii) trade missions; and (iii) other services facilitated by the Center; and (C) the total monetary value of exports facilitated by the services provided by the Center. (3) Website for the Center The Center shall maintain an internet website that includes— (A) data collected by the Center; (B) best practices for rural businesses beginning to evaluate export opportunities; and (C) appropriate contact information for staff at the Center.

Promoting Rural Exports Act of 2023

Collegiate Housing and Infrastructure Act of 2023 This bill allows tax-exempt charitable or educational organizations to make collegiate housing and infrastructure grants to certain tax-exempt social clubs (e.g., college fraternities and sororities) that apply such grants to their collegiate housing property. A collegiate housing and infrastructure grant is a grant to provide, improve, operate, or maintain collegiate housing property that may involve more than incidental social, recreational, or private purposes. The grant must be for purposes that would be permissible for a dormitory or other residential facility of the college or university with which the collegiate housing property is associated. The grant may not be used to provide physical fitness facilities.

118 S1420 IS: Collegiate Housing and Infrastructure Act of 2023 U.S. Senate 2023-05-03 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. 1420 IN THE SENATE OF THE UNITED STATES May 3, 2023 Mr. Cardin Mrs. Capito Mr. Carper Mr. Boozman Mr. Wicker Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for collegiate housing and infrastructure grants. 1. Short title This Act may be cited as the Collegiate Housing and Infrastructure Act of 2023 2. Charitable organizations permitted to make collegiate housing and infrastructure grants (a) In general Section 501 (s) Treatment of organizations making collegiate housing and infrastructure improvement grants (1) In general For purposes of subsection (c)(3) and sections 170(c)(2)(B), 2055(a)(2), and 2522(a)(2), an organization shall not fail to be treated as organized and operated exclusively for charitable or educational purposes solely because such organization makes collegiate housing and infrastructure grants to an organization described in subsection (c)(7) which applies the grant to its collegiate housing property. (2) Housing and infrastructure grants For purposes of paragraph (1), collegiate housing and infrastructure grants are grants for capital improvements to provide, improve, operate, or maintain collegiate housing property that may involve more than incidental social, recreational, or private purposes, so long as such grants are for purposes that would be permissible for a dormitory or other residential facility of the college or university with which the collegiate housing property is associated. A grant shall not be treated as a collegiate housing and infrastructure grant for purposes of paragraph (1) to the extent that such grant is used to provide physical fitness facilities. (3) Collegiate housing property For purposes of this subsection, collegiate housing property is property in which, at the time of a grant or following the acquisition, lease, construction, or modification of such property using such grant, substantially all of the residents are full-time students at the college or university in the community where such property is located. (4) Grants to certain organizations holding title to property, etc For purposes of this subsection, a collegiate housing and infrastructure grant to an organization described in subsection (c)(2) or (c)(7) holding title to property exclusively for the benefit of an organization described in subsection (c)(7) shall be considered a grant to the organization described in subsection (c)(7) for whose benefit such property is held. . (b) Effective date The amendment made by this section shall apply to grants made in taxable years ending after the date of the enactment of this Act.

Collegiate Housing and Infrastructure Act of 2023

Sickle Cell Care Expansion Act of 2023 This bill establishes programs to increase treatment and other services for populations with sickle cell disease. Sickle cell disease is an inherited blood disorder that can lead to pain, anemia, infections, and stroke. Specifically, the Department of Health and Human Services (HHS) must award grants to federally qualified health centers, community-based organizations, or other nonprofits that treat or otherwise support populations with sickle cell disease for education and advocacy programs concerning the disease. HHS must also award grants to nonprofits, including hospitals or institutions of higher education, that provide comprehensive care to populations with sickle cell disease for programs to support the transition from pediatric to adult care for patients with the disease. Additionally, the Health Resources and Services Administration must establish a program to provide scholarships or student loan repayment awards to individuals who commit to engage in clinical practice or research related to sickle cell disease for a period of obligated service as physicians.

118 S1423 IS: Sickle Cell Care Expansion Act of 2023 U.S. Senate 2023-05-03 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. 1423 IN THE SENATE OF THE UNITED STATES May 3, 2023 Mr. Van Hollen Mr. Booker Ms. Klobuchar Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to authorize a scholarship and loan repayment program to incentivize physicians to enter into the field of sickle cell disease research, treatment, and patient care, and for other purposes. 1. Short title This Act may be cited as the Sickle Cell Care Expansion Act of 2023 2. Advancing treatment and research pertaining to sickle cell disease Part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. XIII Advancing treatment and research pertaining to sickle cell disease 340J. Scholarship and loan repayment program (a) In general To advance learning regarding sickle cell disease and to enhance the supply of physicians to treat such disease, especially with respect to adult populations, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program consisting of entering into contracts with individuals under which— (1) the Secretary awards a scholarship under subsection (b) or agrees to make loan repayments under subsection (c) with respect to each individual; and (2) the individual agrees to serve for a period (in this section referred to as the period of obligated service (A) sickle cell disease research; or (B) service in a public or private setting that is primarily focused on treatment and education related to sickle cell disease in a health care facility, clinic, rural health clinic, mobile medical asset, or other facility as determined by the Secretary. (b) Scholarships (1) Eligibility To be eligible to participate in the scholarship program under this section, an individual shall— (A) be accepted for enrollment, or be enrolled, as a full-time student in an accredited (as determined by the Secretary) educational institution in a State and in a course of study or program offered by such institution and approved by the Secretary, leading to a degree in medicine or osteopathic medicine; (B) submit an application to participate in the scholarship program; and (C) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in paragraph (2)) to accept payment of a scholarship and to serve (in accordance with this section) for the applicable period of obligated service. (2) Written contract The written contract under this subsection between the Secretary and an individual shall contain— (A) an agreement that— (i) subject to paragraph (1), the Secretary agrees to provide the individual with a scholarship in each such school year or years for a period of years (not to exceed four school years) determined by the individual, during which period the individual is pursuing a course of study described in paragraph (1)(A); and (ii) subject to paragraph (1), the individual agrees to— (I) accept provision of such a scholarship to the individual; (II) maintain enrollment in a course of study described in paragraph (1)(A) until the individual completes the course of study; (III) maintain an acceptable level of academic standing; (IV) complete a residency in a specialty that the Secretary determines is consistent with pursuit of a fellowship in hematology; (V) complete a fellowship in the specialty of hematology; and (VI) serve for a time period equal to one year for each school year for which the individual was provided a scholarship under this section; (B) a provision that any financial obligation of the United States arising out of the contract and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this section; (C) a statement of the damages to which the United States is entitled if the individual should breach the contract; and (D) such other statements of the rights and liabilities of the Secretary and of the individual as the Secretary determines appropriate, not inconsistent with the provisions of this section. (c) Loan repayments (1) Eligibility To be eligible to participate in the loan repayment program under this section, an individual shall— (A) have a degree in medicine or osteopathic medicine; be enrolled in an approved graduate training program in medicine or osteopathic medicine; or be enrolled as a full-time student in an accredited (as determined by the Secretary) educational institution in a State, and in the final year of a course of study offered by such institution and approved by the Secretary, leading to a degree in medicine or osteopathic medicine; (B) submit an application to participate in the loan repayment program; and (C) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in paragraph (2)) to accept payment by the Secretary of the educational loans of the individual in consideration of the individual serving for a period of obligated service. (2) Written contract The written contract under this subsection between the Secretary and an individual shall contain— (A) an agreement that— (i) subject to paragraph (1), the Secretary agrees to pay on behalf of the individual the principal, interest, and related expenses on government and commercial loans received by the individual regarding the undergraduate or graduate education of the individual (or both), which loans were made for— (I) tuition expenses; (II) all other reasonable educational expenses, including fees, books, and laboratory expenses, incurred by the individual; or (III) reasonable living expenses as determined by the Secretary; and (ii) subject to paragraph (1), the individual agrees to— (I) accept loan payments on behalf of the individual; (II) maintain enrollment in a course of study described in paragraph (1)(A) (if applicable) until the individual completes the course of study; (III) maintain an acceptable level of academic standing; (IV) complete a residency in a specialty that the Secretary determines is consistent with pursuit of a fellowship in hematology; and (V) complete a fellowship in hematology; (B) a provision that any financial obligation of the United States arising out of the contract and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for loan repayments under this section; (C) a statement of the damages to which the United States is entitled if the individual should breach the contract; and (D) such other statements of the rights and liabilities of the Secretary and of the individual as the Secretary determines appropriate, not inconsistent with the provisions of this section. (d) Priority In awarding contracts under this section for scholarships and loan repayments, the Secretary may prioritize making awards to individuals from disadvantaged backgrounds. (e) Definition In this section, the term sickle cell disease research (f) Authorization of appropriations To carry out this section, there is authorized to be appropriated $150,000,000 for each of fiscal years 2024 through 2029. 340J–1. Community-based grants to engage the sickle cell disease population by designing education and advocacy programs and policies for health and community services (a) In general The Secretary shall carry out a program consisting of awarding grants to eligible entities for the establishment and support of education and advocacy programs that engage the sickle cell disease population, their families, or State and local governments in order to— (1) improve sickle cell disease health literacy, including mental health awareness and educational attainment; (2) disseminate information on health and community services related to sickle cell disease; or (3) improve access to care and treatment decision-making processes related to sickle cell disease. (b) Applications To seek a grant under subsection (a), an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (c) Consideration In determining whether to award a grant under this section to an applicant, and the amount of a grant under this section, the Secretary shall consider the need for sickle cell education or services in the area to be served using the grant. (d) Definition In this section, the term eligible entity (1) a community-based organization or faith-based organization or clinic that provides services to, or engages in, advocacy for individuals with sickle cell disease; (2) a nonprofit organization providing comprehensive care to populations with sickle cell disease, including any such nonprofit organization that is a faith-based organization or community-based organization; or (3) a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act) or nonprofit organization engaged in providing sickle cell disease education, information, or treatment services. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated $50,000,000 for each of fiscal years 2024 through 2029. 340J–2. Grants for sickle cell disease pediatric to adult transitions of care (a) In general The Secretary shall carry out a program of awarding grants to eligible entities for the establishment and support of programs— (1) that— (A) provide transition support through a dedicated transition coordinator and management of care for sickle cell disease patients between the ages of 18 and 29 who are aging out of pediatric care and receiving adult care for sickle cell disease; (B) assist sickle cell patients in identifying and maintaining adult primary care providers and adult specialists for sickle cell disease compatible with the patient’s health insurance; and (C) provide support services, including mental health services, for the management of the patient’s treatments and medical appointments throughout the transition to adult care; and (2) which, in the case of an eligible entity that is a hospital or an institute of higher education, may include providing training to adult sickle cell disease care specialists on the medical needs of young sickle cell disease patients, through— (A) 1- to 2-year long fellowships for any individual that has completed a residency in medicine, combined internal medicine and pediatrics, or family medicine; or (B) short-term programs and workshops. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall— (1) be a nonprofit organization providing comprehensive care to populations with sickle cell disease, including a hospital or an institute of higher education, and including any such nonprofit organization that is a faith-based organization or community-based organization; and (2) submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. (c) Consideration In determining whether to award a grant under this section to an eligible entity, and the amount of a grant under this section, the Secretary shall consider the size of the population the eligible entity intends to serve. (d) Reports (1) Reporting by eligible entities Eligible entities receiving a grant under this section shall submit, during the grant period, an annual report to the Secretary. Each such report shall— (A) use an established and recognized registry on measuring quality metrics specified by the Secretary; and (B) include— (i) a description of the activities carried out using the grant funds; (ii) a summary of the health outcomes for sickle cell patients benefitting from the transition coordination and management program supported by the grant; and (iii) the number of specialists trained and fellowships funded under the grant, as described in subsection (a)(2), as applicable. (2) Reporting by the Secretary Not later than 2 years after the date of enactment of the Sickle Cell Care Expansion Act of 2023 (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated $70,000,000 for each of fiscal years 2024 through 2029. .

Sickle Cell Care Expansion Act of 2023

Agriculture PFAS Liability Protection Act of 2023 This bill exempts producers and harvesters of agricultural products from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for the release of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. However, liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity acted with gross negligence or willful misconduct. PFAS are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.

118 S1427 IS: Agriculture PFAS Liability Protection Act of 2023 U.S. Senate 2023-05-03 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. 1427 IN THE SENATE OF THE UNITED STATES May 3, 2023 Ms. Lummis Mr. Boozman Mr. Cramer Mr. Graham Mr. Mullin Mr. Ricketts Mr. Sullivan Mr. Wicker Committee on Environment and Public Works A BILL To exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. 1. Short title This Act may be cited as the Agriculture PFAS Liability Protection Act of 2023 2. Exemption of agricultural operations from CERCLA liability for releases of PFAS (a) Definitions In this section: (1) Covered perfluoroalkyl or polyfluoroalkyl substance The term covered perfluoroalkyl or polyfluoroalkyl substance 42 U.S.C. 9601 (2) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (3) Protected entity The term protected entity 7 U.S.C. 1626 (b) Exemption No person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a protected entity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (c) Savings provision Nothing in this section precludes liability for damages or costs associated with the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected entity if that protected entity acted with gross negligence or willful misconduct in the discharge, disposal, management, conveyance, or storage of the covered perfluoroalkyl or polyfluoroalkyl substance.

Agriculture PFAS Liability Protection Act of 2023

Resource Management PFAS Liability Protection Act of 2023 This bill exempts the owner or operator of a solid waste management facility or a facility that processes compost for sale or distribution to the public from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. Specifically, such exemption only applies if the release of a PFAS resulted from (1) the disposal or management of any residuals or byproduct of municipal solid waste in accordance with a permit, (2) the disposal or management of biosolids consistent with the Federal Water Pollution Control Act, or (3) the application or processing of compost in accordance with state law. Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity acted with gross negligence or willful misconduct.

118 S1429 IS: Resource Management PFAS Liability Protection Act of 2023 U.S. Senate 2023-05-03 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. 1429 IN THE SENATE OF THE UNITED STATES May 3, 2023 Ms. Lummis Mr. Boozman Mr. Cramer Mr. Graham Mr. Mullin Mr. Ricketts Mr. Sullivan Mr. Wicker Committee on Environment and Public Works A BILL To exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. 1. Short title This Act may be cited as the Resource Management PFAS Liability Protection Act of 2023 2. Exemption for owners and operators of certain resource management facilities from CERCLA liability for releases of PFAS (a) Definitions In this section: (1) Compost The term compost (2) Covered perfluoroalkyl or polyfluoroalkyl substance The term covered perfluoroalkyl or polyfluoroalkyl substance 42 U.S.C. 9601 (3) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (4) Protected entity The term protected entity 42 U.S.C. 9601 (A) a solid waste management facility (as defined in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 (B) a facility that processes compost for sale or distribution to the public. (b) Exemption Subject to subsection (c), no person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a protected entity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (c) Requirements Subsection (b) shall only apply if the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected entity resulted from— (1) the disposal or management of any residuals or byproduct of municipal solid waste in accordance with a permit issued under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. 42 U.S.C. 6901 et seq. (2) the disposal or management of biosolids consistent with section 405 of the Federal Water Pollution Control Act ( 33 U.S.C. 1345 (3) the application or processing of compost in accordance with State law. (d) Savings provision Nothing in this section precludes liability for damages or costs associated with the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected entity if that protected entity acted with gross negligence or willful misconduct in the discharge, disposal, management, processing, conveyance, or storage of the covered perfluoroalkyl or polyfluoroalkyl substance.

Resource Management PFAS Liability Protection Act of 2023

Water Systems PFAS Liability Protection Act This bill exempts specified water management entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. Specifically, the entities covered under the bill are public water systems, publicly or privately owned or operated treatment works, municipalities with a stormwater discharge permit, political subdivisions or special districts of a state that act as a wholesale water agency, and contractors performing the management or disposal activities for such entities. Under the bill, the exemption only applies if a specified entity transports, treats, disposes of, or arranges for the transport, treatment or disposal of PFAS consistent with applicable laws and during and following the conveyance or treatment of water under federal or state law, such as through the management or disposal of biosolids consistent with the Federal Water Pollution Control Act. Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity acted with gross negligence or willful misconduct.

118 S1430 IS: Water Systems PFAS Liability Protection Act U.S. Senate 2023-05-03 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. 1430 IN THE SENATE OF THE UNITED STATES May 3, 2023 Ms. Lummis Mr. Boozman Mr. Cramer Mr. Graham Mr. Mullin Mr. Ricketts Mr. Sullivan Mr. Wicker Committee on Environment and Public Works A BILL To exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 with respect to releases of perfluoroalkyl and polyfluoroalkyl substances, and for other purposes. 1. Short title This Act may be cited as the Water Systems PFAS Liability Protection Act 2. Exemption of water and wastewater treatment facilities from CERCLA liability for releases of PFAS (a) Definitions In this section: (1) Covered perfluoroalkyl or polyfluoroalkyl substance The term covered perfluoroalkyl or polyfluoroalkyl substance 42 U.S.C. 9601 (2) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (3) Protected entity The term protected entity (A) a public water system (as defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f (B) a publicly or privately owned or operated treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 (C) a municipality to which a permit under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (D) a political subdivision of a State or a special district of a State acting as a wholesale water agency; and (E) a contractor performing the management or disposal activities described in subsection (c) for an entity described in any of subparagraphs (A) through (D). (b) Exemption Subject to subsection (c), no person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a protected entity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (c) Requirements Subsection (b) shall only apply if a protected entity transports, treats, disposes of, or arranges for the transport, treatment, or disposal of a covered perfluoroalkyl or polyfluoroalkyl substance— (1) in a manner consistent with all applicable laws at the time the activity is carried out; and (2) during and following the conveyance or treatment of water under Federal or State law, including through— (A) the management or disposal of biosolids consistent with section 405 of the Federal Water Pollution Control Act ( 33 U.S.C. 1345 (B) the discharge of effluent in accordance with a permit issued under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 (C) the release or disposal of water treatment residuals or any other byproduct of drinking water or wastewater treatment activities, such as granulated activated carbon, filter media, and processed waste streams; or (D) the conveyance or storage of water for the purpose of conserving or reclaiming the water for water supply. (d) Savings provision Nothing in this section precludes liability for damages or costs associated with the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected entity if that protected entity acted with gross negligence or willful misconduct in the discharge, disposal, management, conveyance, or storage of the covered perfluoroalkyl or polyfluoroalkyl substance.

Water Systems PFAS Liability Protection Act

Fire Suppression PFAS Liability Protection Act This bill exempts entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for certain releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. Specifically, the bill applies to entities with a fire suppression system installed (or otherwise in use) in accordance with applicable fire codes that uses an aqueous film forming foam that contains PFAS. Under the bill, the exemption only applies if the release of PFAS resulted from the lawful discharge of an aqueous film forming foam in connection with a fire suppression system that conforms to applicable fire codes and is compliant with the most recently approved engineering standards at the time of discharge. Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity (1) acts with gross negligence or willful misconduct, or (2) continues to use an aqueous film forming foam agent in its fire suppression system five years after the date on which approved engineering standards were updated to no longer require the use of such foam.

118 S1432 IS: Fire Suppression PFAS Liability Protection Act U.S. Senate 2023-05-03 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. 1432 IN THE SENATE OF THE UNITED STATES May 3, 2023 Ms. Lummis Mr. Boozman Mr. Cramer Mr. Graham Mr. Mullin Mr. Ricketts Mr. Sullivan Mr. Wicker Committee on Environment and Public Works A BILL To exempt certain entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for the release of certain perfluoroalkyl or polyfluoroalkyl substances, and for other purposes. 1. Short title This Act may be cited as the Fire Suppression PFAS Liability Protection Act 2. Exemption under cercla (a) Definitions In this section: (1) Covered perfluoroalkyl or polyfluoroalkyl substance The term covered perfluoroalkyl or polyfluoroalkyl substance 42 U.S.C. 9601 (2) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (3) Lawful discharge The term lawful discharge (4) Protected entity The term protected entity (b) Exemption Subject to subsection (c), no person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a protected entity under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (c) Requirement Subsection (b) shall only apply if the release of the covered perfluoroalkyl or polyfluoroalkyl substance resulted from the lawful discharge of an aqueous film forming foam in connection with a fire suppression system that— (1) conforms to applicable Federal, State, and local fire codes; and (2) is compliant with the most recently approved engineering standards at the time of the discharge. (d) Savings provision Nothing in this section precludes liability for damages or costs associated with the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected entity if the protected entity— (1) acts with gross negligence or willful misconduct in the discharge of the covered perfluoroalkyl or polyfluoroalkyl substance; or (2) continues to use an aqueous film forming foam agent in the fire suppression system of the protected entity on or after the date that is 5 years after the date on which approved engineering standards were updated to no longer require the use of an aqueous film forming foam.

Fire Suppression PFAS Liability Protection Act

Airports PFAS Liability Protection Act This bill exempts airport sponsors from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. A sponsor is (1) a public agency that submits an application for financial assistance to the Department of Transportation (DOT) related to airport development and improvement, and (2) a private owner of a public-use airport that submits an application for financial assistance to DOT for the airport. Under the bill, a sponsor also includes a sponsor of the civilian portion of a joint-use airport or shared-use airport (i.e., airports owned by the government or military). Under the bill, the exemption only applies if the release of PFAS resulted from the use of an aqueous film forming foam and the use was (1) required by the Federal Aviation Administration (FAA), and (2) carried out in accordance with applicable FAA standards and guidance Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity acts with gross negligence or willful misconduct in the use of an aqueous film forming foam.

118 S1433 IS: Airports PFAS Liability Protection Act U.S. Senate 2023-05-03 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. 1433 IN THE SENATE OF THE UNITED STATES May 3, 2023 Ms. Lummis Mr. Boozman Mr. Cramer Mr. Graham Mr. Mullin Mr. Ricketts Mr. Sullivan Mr. Wicker Committee on Environment and Public Works A BILL To exempt certain aviation entities from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for the release of certain perfluoroalkyl or polyfluoroalkyl substances, and for other purposes. 1. Short title This Act may be cited as the Airports PFAS Liability Protection Act 2. Exemption under CERCLA (a) Definitions In this section: (1) Covered perfluoroalkyl or polyfluoroalkyl substance The term covered perfluoroalkyl or polyfluoroalkyl substance 42 U.S.C. 9601 (2) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (3) Sponsor The term sponsor (b) Exemption Subject to subsection (c), no person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a sponsor, including a sponsor of the civilian portion of a joint-use airport or a shared-use airport (as those terms are defined in section 139.5 of title 14, Code of Federal Regulations (or a successor regulation)), under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. (c) Requirements Subsection (b) shall only apply— (1) if the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a sponsor resulted from the use of an aqueous film forming foam; and (2) if the use described in paragraph (1) was— (A) required by the Federal Aviation Administration for compliance with part 139 of title 14, Code of Federal Regulations (or successor regulations); and (B) carried out in accordance with Federal Aviation Administration standards and guidance on the use of that substance. (d) Savings provision Nothing in this section precludes liability for damages or costs associated with the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a sponsor if that sponsor acted with gross negligence or willful misconduct in the use of an aqueous film forming foam.

Airports PFAS Liability Protection Act

Small Community Air Service Enhancement Act This bill reauthorizes through FY2028 and revises the Small Community Air Service Development Program, a Department of Transportation (DOT) grant program designed to help small communities address air service and airfare issues. The bill requires DOT to prioritize grants to communities that meet certain requirements, including where the assistance will be used to help restore scheduled passenger air service that has been terminated or significantly reduced. Under the current program, the air service must have been terminated. Further, DOT must solicit grant applications during a fiscal year when DOT has in excess of $5 million available to provide grants in that fiscal year.

118 S1438 IS: Small Community Air Service Enhancement Act U.S. Senate 2023-05-03 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. 1438 IN THE SENATE OF THE UNITED STATES May 3, 2023 Mr. Tester Mr. Moran Committee on Commerce, Science, and Transportation A BILL To make improvements to the small community air service development program. 1. Short title This Act may be cited as the Small Community Air Service Enhancement Act 2. Improvements to the small community air service development program Section 41743 of title 49, United States Code, is amended— (1) in subsection (c)(5)(E), by striking has been terminated; (i) terminated; or (ii) significantly reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes); ; and (2) in subsection (e)— (A) in paragraph (2), in the first sentence, by striking $10,000,000 for each of fiscal years 2018 through 2023 $16,000,000 for each of fiscal years 2024 through 2028 (B) by adding at the end the following new paragraph: (3) Requirement if funding available In any fiscal year in which the amount available to the Secretary to make agreements to provide assistance under this section exceeds $5,000,000, the Secretary shall, subject to the total amount so available, issue an order soliciting grant applications under this section during that fiscal year. .

Small Community Air Service Enhancement Act

Quantum Sandbox for Near-Term Applications Act of 2023 This bill requires the Department of Commerce, in coordination with the National Institute of Standards and Technology, to establish a public-private partnership to accelerate the deployment of quantum applications and algorithms with near-term use cases by supporting demonstration and testing.

118 S1439 IS: Quantum Sandbox for Near-Term Applications Act of 2023 U.S. Senate 2023-05-04 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. 1439 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mrs. Blackburn Mr. Luján Committee on Commerce, Science, and Transportation A BILL To amend the National Quantum Initiative Act to establish a public-private partnership for near-term quantum application development and acceleration, and for other purposes. 1. Short title This Act may be cited as the Quantum Sandbox for Near-Term Applications Act of 2023 2. Findings Congress finds as follows: (1) The National Quantum Initiative and its ongoing activities explore and promote Quantum Information Science. (2) Continual innovation by the quantum industry of the United States is critically important. (3) Quantum and quantum-hybrid applications have the ability to provide innovative solutions for near-term use cases across a variety of public and private sector challenges. (4) Many quantum computers are available via the cloud and through a dedicated near-term quantum application acceleration program that is inclusive of the wide variety of quantum computing technologies will break down barriers to access quantum computing hardware systems. (5) Business and consumers of the United States will be able to see benefits of the innovation through a program focusing on near-term use of the technology. (6) Quantum information science is a foundational technology that is transforming the economy of the 21st century. (7) Robust leadership in quantum research and near-term development will have a great impact on the economic security of the United States. (8) Unrivaled excellence in workforce development is key in developing next generation leaders in quantum applications. 3. Public-private partnership for quantum application development acceleration (a) In general Title IV of the National Quantum Initiative Act ( 15 U.S.C. 8851 et seq. 405. Public-private partnership for quantum application development acceleration (a) Definitions In this section: (1) Quantum applications The term quantum applications (2) Quantum sandbox The term quantum sandbox (A) for innovation and development of applications using quantum information sciences with a focus on near-term use cases; and (B) that can be used to develop and test demonstrations, proofs of concepts, and pilot applications. (3) Near-term use case The term near-term use case (b) Establishment of quantum sandbox required The Secretary of Commerce shall, in coordination with the Director of the National Institute of Standards and Technology, establish a quantum sandbox through the establishment of a public-private partnership focused on quantum application development acceleration for quantum application near-term use cases. (c) Engagement As part of the Program and in carrying out subsection (b), the Secretary shall, acting through the Director of the National Institute of Standards and Technology, engage with the Quantum Economic Development Consortium, the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 . (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by adding after the item relating to section 404 the following new item: Sec. 405. Public-private partnership for quantum application development acceleration. .

Quantum Sandbox for Near-Term Applications Act of 2023

Accelerating Biomedical Innovation Act This bill requires the Department of Health and Human Services to establish, through a consortium of institutions of higher education, a center to accelerate the development of advanced medical countermeasures. (These are certain medical products that may be used to diagnose, prevent, or treat conditions associated with chemical, biological, radiological, or nuclear threats or emerging infectious diseases during public health emergencies.) The center must work on drugs or devices that are selected by the Biomedical Advanced Research and Development Agency (BARDA). A drug or device is eligible for selection if it incorporates a novel technology (or uses an existing technology in a novel way) in a manner that substantially (1) furthers the development of a drug or device of interest, (2) fulfills an unmet need, or (3) develops the manufacturing process for a drug or device. The bill also requires BARDA to coordinate with international partners to encourage global efforts to advance medical countermeasures.

118 S1441 IS: Accelerating Biomedical Innovation Act U.S. Senate 2023-05-04 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. 1441 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mr. Cornyn Mr. Kaine Committee on Health, Education, Labor, and Pensions A BILL To establish a Center for Biomedical Innovation and Development in order to accelerate innovation and development of advanced medical countermeasure products. 1. Short title This Act may be cited as the Accelerating Biomedical Innovation Act 2. Center for biomedical innovation and development program Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. 319L–2. Center for biomedical innovation and development program (a) Establishment of consortium Not later than 1 year after the date of enactment of this section, the Secretary shall establish a consortium of not fewer than 3 institutions of higher education (as defined in section 101 of the Higher Education Act), to accelerate innovation and development of advanced medical countermeasure products, including biological products and devices, selected by the Biomedical Advanced Research and Development Agency (referred to in this section as BARDA Center (b) Selection of participating institutions In selecting institutions of higher education to participate in the Center under subsection (a), the Secretary shall— (1) select eligible institutions that have— (A) expertise and capabilities in current good manufacturing practices, as defined in part 117 of title 21 Code of Federal Regulations (or successor regulations); (B) experience in technology innovation, including advanced manufacturing technologies, that may assist in countermeasure and advanced research and development; (C) facilities with flexible and adaptable advanced process development capabilities; and (D) other relevant qualifications, as determined by the Secretary; (2) select at least one institution with the capability to handle secure and classified information, as appropriate; and (3) prioritize institutions most likely to aid in the advancement and innovation of the medical countermeasure products, the manufacturing processes for such products, and the execution and design of clinical trials. (c) Center activities The Center established under subsection (a) shall assist public and private entities in accelerating nonclinical research discoveries with respect to medical countermeasures through advanced development and clinical trials. The activities of the Center may include— (1) advanced process development and pilot manufacturing to support clinical trials; (2) technical assistance; (3) contract award management; (4) referral and coordination with potential manufacturing partners; (5) regulatory assistance; (6) technology transfer; and (7) program management. (d) Eligible products A drug or device (including a combination of one or more drugs or devices) is eligible for consideration and referral by the Director of BARDA to the Center if such drug or device incorporates a novel technology, or uses an established technique or technology in a novel way, that will substantially— (1) further development of a drug or device of interest; (2) fulfil an unmet need; or (3) develop the manufacturing process for a drug or device. (e) International coordination The Director of BARDA, in collaboration with the Assistant Secretary for Global Affairs and the Center established under subsection (a), shall coordinate, as appropriate, with international partners to enhance global health security by encouraging other initiatives, similar to the program described in subsection (a), under which international advanced development networks support an expanded worldwide strategy for vaccine, drug, device, and other countermeasure research, development, and manufacturing. .

Accelerating Biomedical Innovation Act

Scaling Community Lenders Act of 2023 This bill allows the Community Development Financial Institutions Fund to provide funds for guarantees, loan loss reserves, or other forms of credit to promote liquidity for Community Development Financial Institutions. The bill also removes matching requirements, establishes eligibility requirements and projects prioritization, and increases the cap on the allowed assistance available to an organization. The bill also allows the Emergency Capital Investment Fund to provide assistance for these purposes.

118 S1442 IS: Scaling Community Lenders Act of 2023 U.S. Senate 2023-05-04 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. 1442 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mr. Warner Mr. Crapo Committee on Banking, Housing, and Urban Affairs A BILL To amend the Community Development Banking and Financial Institutions Act of 1994 to adjust for inflation the maximum amount of assistance provided by the Community Development Financial Institutions Fund, and for other purposes. 1. Short title This Act may be cited as the Scaling Community Lenders Act of 2023 2. Capitalization assistance to enhance liquidity (a) In general Section 113 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4712 (1) by striking subsection (a) and inserting the following: (a) Assistance (1) In general The Fund may provide funds to organizations for the purpose of— (A) purchasing loans, loan participations, or interests therein from community development financial institutions; (B) providing guarantees, loan loss reserves, or other forms of credit enhancement to promote liquidity for community development financial institutions; and (C) otherwise enhancing the liquidity of community development financial institutions. (2) Construction of Federal Government funds For purposes of this subsection, notwithstanding section 105(a)(9) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a)(9) ; (2) by striking subsection (b) and inserting the following: (b) Selection (1) In general The selection of organizations to receive assistance and the amount of assistance to be provided to any organization under this section shall be at the discretion of the Fund and in accordance with criteria established by the Fund. (2) Eligibility Organizations eligible to receive assistance under this section— (A) shall have a primary purpose of promoting community development; and (B) are not required to be community development financial institutions. (3) Prioritization For the purpose of making an award of funds under this section, the Fund shall prioritize the selection of organizations that— (A) demonstrate relevant experience or an ability to carry out the activities under this section, including experience leading or participating in loan purchase structures or purchasing or participating in the purchase of, assigning, or otherwise transferring, assets from community development financial institutions; (B) demonstrate the capacity to increase the number or dollar volume of loan originations or expand the products or services of community development financial institutions, including by leveraging the award with private capital; and (C) will use the funds to support community development financial institutions that represent broad geographic coverage or that serve borrowers that have experienced significant unmet capital or financial services needs. ; (3) in subsection (c), in the first sentence— (A) by striking $5,000,000 $20,000,000 (B) by striking during any 3-year period (4) by adding at the end the following: (g) Regulations The Secretary may promulgate such regulations as may be necessary or appropriate to carry out the authorities or purposes of this section. (h) Authorization of appropriations There are authorized to be appropriated to the Secretary $100,000,000 to carry out this section, including to carry out a study on the options to increase community development financial institution liquidity and secondary market opportunities. . (b) Emergency Capital Investment Funds Section 104A of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4703a (l) Deposit of funds All funds received by the Secretary in connection with purchases made pursuant this section, including interest payments, dividend payments, and proceeds from the sale of any financial instrument, shall be deposited into the Fund and used— (1) to provide financial assistance to organizations pursuant to section 113; and (2) to provide financial and technical assistance pursuant to section 108, except that subsection (e) of that section shall be waived. . (c) Annual reports (1) Definitions In this subsection, the terms community development financial institution Fund 12 U.S.C. 4702 (2) Requirements Not later than 1 year after the date on which assistance is first provided under section 113 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4712 (A) the total amount of— (i) loans, loan participations, and interests therein purchased from community development financial institutions; and (ii) guarantees, loan loss reserves, and other forms of credit enhancement provided to community development financial institutions; (B) the effect of the purchases and guarantees made by the Fund on the overall competitiveness of community development financial institutions; and (C) the impact of the purchases and guarantees made by the Fund on the liquidity of community development financial institutions.

Scaling Community Lenders Act of 2023

Stand Your Ground Act of 2023 This bill establishes affirmative defenses for individuals who use (or threaten or attempt to use) force in the commission of certain federal criminal violations. First, an individual is justified in using (or threatening or attempting to use) non-deadly force if the individual reasonably believes it is necessary to defend against an imminent use of unlawful force. An individual who is at risk of becoming a victim of a forcible felony does not have a duty to retreat before using force to act in self-defense. Second, an individual is justified in using (or threatening or attempting to use) deadly force if the individual reasonably believes it is necessary to prevent imminent death or great bodily harm or to prevent the imminent commission of a forcible felony. An individual who is at risk of becoming a victim of a forcible felony does not have a duty to retreat before using force to act in self-defense and may use any means necessary to defend himself or herself so long as the individual is not engaged in a criminal activity and is in a place where he or she has a right to be.

118 S1445 IS: Stand Your Ground Act of 2023 U.S. Senate 2023-05-04 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. 1445 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mr. Mullin Committee on the Judiciary A BILL To amend title 18, United States Code, to provide an affirmative defense for certain criminal violations, and for other purposes. 1. Short title This Act may be cited as the Stand Your Ground Act of 2023 2. Certain affirmative defenses (a) Affirmative defense (1) In general Chapter 1 28. Affirmative defense for certain criminal violations (a) Definition In this section, the term forcible felony (b) Use or threatened use of non-Deadly force in defense of person (1) In general It shall be an affirmative defense to a prosecution under this title that the defendant used, threatened to use, or attempted to use force, except deadly force, against an aggressor if, and to the extent that, the defendant reasonably believed that the use, threat to use, or attempt to use such force was necessary to defend the defendant or another individual against the imminent use of unlawful force by the aggressor. (2) No duty to retreat For purposes of paragraph (1), an individual who is at risk of becoming a victim of a forcible felony shall not be required to first seek retreat as the preferred alternative to using force to act in self-defense. (c) Use or threatened use of deadly force in defense of person (1) In general It shall be an affirmative defense to a prosecution under this title that the defendant used, threatened to use, or attempted to use deadly force against an aggressor if the defendant reasonably believed that the use, threat to use, or attempt to use such force was necessary to— (A) prevent imminent death or great bodily harm to the defendant or another individual; or (B) prevent the imminent commission of a forcible felony. (2) No duty to retreat; right to stand your ground For purposes of paragraph (1), an individual who is at risk of becoming a victim of a forcible felony— (A) shall not be required to first seek retreat as the preferred alternative to using force to act in self-defense; and (B) may use any means necessary to defend himself or herself if the individual— (i) is not engaged in criminal activity; and (ii) is in a place where the individual has a right to be. (d) Burden of proof The defendant has the burden of proving a defense under this section by a preponderance of the evidence. . (2) Table of sections The table of sections for chapter 1 28. Affirmative defense for certain criminal violations. . (b) Effective date; applicability The amendments made by subsection (a) shall— (1) take effect on the date of enactment of this Act; and (2) apply to any prosecution commenced after the date of enactment of this Act.

Stand Your Ground Act of 2023

Nurse Corps Tax Parity Act of 2023 This bill excludes from taxpayer gross income, for income tax purposes, amounts attributable to Nurse Corps scholarships and loan repayment programs.

118 S1446 IS: Nurse Corps Tax Parity Act of 2023 U.S. Senate 2023-05-04 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. 1446 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mr. Merkley Mr. Wicker Mrs. Murray Mr. Boozman Mr. Sanders Mr. Whitehouse Ms. Stabenow Mr. Welch Ms. Klobuchar Mr. Kelly Mrs. Gillibrand Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to exclude certain Nurse Corps payments from gross income. 1. Short title This Act may be cited as the Nurse Corps Tax Parity Act of 2023 2. Tax treatment of certain Nurse Corps payments (a) In general Paragraph (4) of section 108(f) 338B(g) 338B(g) or 846 (b) Qualified scholarships Subparagraph (A) of section 117(c)(2) the Public Health Service Act the Public Health Service Act or the scholarship program under section 846 of such Act (c) Effective date The amendments made by this section shall apply to amounts received in taxable years beginning after the date of the enactment of this Act.

Nurse Corps Tax Parity Act of 2023

Bipartisan Solution to Cyclical Violence Act of 2023 This bill directs the Department of Health and Human Services to establish a grant program for specified trauma centers and nonprofits to establish or expand intervention or prevention programs related to intentional violent trauma, excluding intimate partner violence.

118 S1447 IS: Bipartisan Solution to Cyclical Violence Act of 2023 U.S. Senate 2023-05-04 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. 1447 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mr. Cardin Mr. Marshall Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to establish a grant program supporting trauma center violence intervention and violence prevention programs, and for other purposes. 1. Short title This Act may be cited as the Bipartisan Solution to Cyclical Violence Act of 2023 2. Grant program supporting trauma center violence intervention and violence prevention programs Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. 399V–8. Grant program supporting trauma center violence intervention and violence prevention programs (a) Authority established (1) In general The Secretary shall award grants to eligible entities to establish or expand violence intervention or prevention programs for services and research designed to reduce the incidence of reinjury and reincarceration caused by intentional violent trauma, excluding intimate partner violence. (2) First award Not later than 9 months after the date of enactment of this section, the Secretary shall make the first award under paragraph (1). (3) Grant duration Each grant awarded under paragraph (1) shall be for a period of 3 years. (4) Grant amount The total amount of each grant awarded under paragraph (1) for the 3-year grant period shall be not less than $250,000 and not more than $500,000. (5) Supplement not supplant A grant awarded under paragraph (1) to an eligible entity with an existing program described in paragraph (1) shall be used to supplement, and not supplant, any other funds provided to such entity for such program. (b) Eligible entities To be eligible to receive a grant under subsection (a)(1), an entity shall— (1) either be— (A) a State-designated trauma center, or a trauma center verified by the American College of Surgeons, that conducts or seeks to conduct a violence intervention or violence prevention program; or (B) a nonprofit entity that conducts or seeks to conduct a program described in subparagraph (A) in cooperation with a trauma center described in such subparagraph; (2) serve a community in which at least 100 incidents of intentional violent trauma occur annually; and (3) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Selection of grant recipients (1) Geographic diversity In selecting grant recipients under subsection (a)(1), the Secretary shall ensure that, collectively, grantees represent a diversity of geographic areas. (2) Priority In selecting grant recipients under subsection (a)(1), the Secretary shall prioritize applicants that serve one or more communities with high absolute numbers or high rates of intentional violent trauma. (3) Health professional shortage areas (A) Encouragement The Secretary shall encourage entities described in paragraphs (1) and (2) that are located in or serve a health professional shortage area to apply for grants under subsection (a)(1). (B) Definition In subparagraph (A), the term health professional shortage area (d) Reports (1) Reports to Secretary (A) In general An entity that receives a grant under subsection (a)(1) shall submit reports on the use of the grant funds to the Secretary, including progress reports, as required by the Secretary. Such reports shall include— (i) any findings of the program established, or expanded, by the entity through the grant; and (ii) if applicable, the manner in which the entity has incorporated such findings in the violence intervention or violence prevention program conducted by such entity. (B) Option for joint report To the extent feasible and appropriate, an entity that receives a grant under subsection (a)(1) may elect to coordinate with one or more other entities that have received such a grant to submit a joint report that meets the requirements of subparagraph (A). (2) Report to Congress Not later than 6 years after the date of enactment of the Bipartisan Solution to Cyclical Violence Act of 2023 (A) on any findings resulting from reports submitted to the Secretary under paragraph (1); (B) on best practices developed by the Secretary under subsection (e); and (C) with recommendations for legislative action relating to intentional violent trauma prevention that the Secretary determines appropriate. (e) Best practices Not later than 6 years after the date of enactment of the Bipartisan Solution to Cyclical Violence Act of 2023 (1) develop, and post on a public website of the Department of Health and Human Services, best practices for intentional violent trauma prevention, based on any findings reported to the Secretary under subsection (d)(1); and (2) disseminate such best practices to stakeholders, as determined appropriate by the Secretary. (f) Authorization of appropriations To carry out this section, there is authorized to be appropriated $10,000,000 for the period of fiscal years 2024 through 2027. .

Bipartisan Solution to Cyclical Violence Act of 2023

Grandfamily Housing Act of 2023 This bill establishes grants through the Department of Housing and Urban Development for owners of intergenerational dwellings. Grants must be used to (1) provide services such as tutoring, health care services, and after-school care; (2) perform outreach to intergenerational families in the surrounding community; and (3) maintain spaces within the property to be used for programs and services for intergenerational families.

118 S1448 IS: Grandfamily Housing Act of 2023 U.S. Senate 2023-05-04 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. 1448 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mr. Casey Mr. Brown Ms. Collins Committee on Banking, Housing, and Urban Affairs A BILL To provide grants to owners of intergenerational dwelling units, and for other purposes. 1. Short title This Act may be cited to as the Grandfamily Housing Act of 2023 2. Grant program for grandfamily housing (a) In general Title II of the LEGACY Act of 2003 ( 12 U.S.C. 1790q 206. Grant program (a) In general The Secretary shall, not later than 180 days after the date of enactment of this section, establish a program to provide grants to owners of intergenerational dwelling units. (b) Application To be eligible to receive a grant under this section, an owner of an intergenerational dwelling unit shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (c) Use of grant amounts An owner of an intergenerational dwelling unit that receives a grant under this section shall use amounts provided to cover costs associated with— (1) employing a service coordinator to— (A) offer onsite services to intergenerational families, including tutoring, health care services, afterschool care, and activities that are age appropriate for children of various ages of development; and (B) coordinate with any local kinship navigator program (as described in section 474(a)(7) of the Social Security Act ( 42 U.S.C. 674(a)(7) (2) facilitating outreach to intergenerational families as described in subsection (d); (3) planning and providing services to intergenerational families; and (4) retrofitting and maintaining existing spaces within the property that contains the intergenerational dwelling unit for the services and programs provided to intergenerational families. (d) Outreach (1) In general An owner of an intergenerational dwelling unit that receives a grant under this section shall engage with intergenerational families in the community surrounding the property that contains the grandfamily housing owned by the grant recipient by— (A) performing periodic informational outreach; and (B) planning and offering events for intergenerational families. (2) Coordination Outreach under this subsection shall, where possible, be in coordination with a local kinship navigator program (as described in section 474(a)(7) of the Social Security Act ( 42 U.S.C. 674(a)(7) (e) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section for each of fiscal years 2024 through 2028. (f) Nondiscrimination The program established under this section shall be implemented by the Secretary in a manner that is consistent with the Fair Housing Act ( 42 U.S.C. 3601 et seq. . (b) VAWA protections Section 41411(a)(3) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(a)(3) (1) by redesignating subparagraphs (O) and (P) as subparagraphs (P) and (Q), respectively; and (2) by inserting after subparagraph (N) the following: (O) the program established under section 206 of the LEGACY Act of 2003; . (c) Report Not later than 2 years after the date of enactment of this section, the Secretary of Housing and Urban Development shall submit to the Congress a report that— (1) describes the effectiveness of the grant program established under section 206 of the LEGACY Act of 2003, as added by subsection (a); and (2) makes recommendations for legislative changes that could allow for the grant program to be more effective.

Grandfamily Housing Act of 2023

Community Mental Wellness and Resilience Act of 2023 This bill requires the Centers for Disease Control and Prevention to award competitive grants for planning and implementing community mental wellness and resilience programs through networks of schools, businesses, health and human services providers, and other community groups. These programs take a public health approach to build the capacity of the community to detect, prevent, and heal mental health, behavioral health, and psychosocial conditions.

118 S1452 IS: Community Mental Wellness and Resilience Act of 2023 U.S. Senate 2023-05-04 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. 1452 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mr. Markey Mr. Merkley Mr. Blumenthal Mr. Whitehouse Committee on Health, Education, Labor, and Pensions A BILL To promote mental wellness and resilience and prevent and heal mental health, behavioral health, and psychosocial conditions through developmentally and culturally appropriate community programs, and award grants for the purpose of establishing, operating, or expanding community-based mental wellness and resilience programs, and for other purposes. 1. Short title This Act may be cited as the Community Mental Wellness and Resilience Act of 2023 2. Grant program for community mental wellness and resilience programs Title III of the Public Health Service Act is amended by inserting after section 317V, as added by section 2201 of the PREVENT Pandemics Act ( Public Law 117–328 317W. Grant program for community mental wellness and resilience programs (a) Grants (1) Planning grants (A) Awards The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in consultation with the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, shall award grants to eligible organizations— (i) to organize a resilience coordinating network; (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 (2). (B) Amount The amount of a grant under subparagraph (A), with respect to any eligible organization seeking such a grant shall not exceed $250,000. (C) Eligible organization defined In this paragraph, the term eligible organization (i) is a nonprofit or community-based entity eligible to be a part of the resilience coordinating network under subsection (c); and (ii) has documented support from at least 3 other such entities. (2) Program grants (A) Awards The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in consultation 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 resilience coordinating networks, on a competitive basis, for the purpose of establishing, operating, or expanding community mental wellness and resilience programs. (B) Amount The amount of a grant under subparagraph (A) shall not exceed $500,000 each year over a period not to exceed 4 years. (C) Rural set aside (i) In general Of the funds appropriated to carry out this section for a fiscal year, 20 percent of such funds shall be reserved to award grants to community mental wellness and resilience programs in rural areas. (ii) Rural area described For purposes of clause (i), a rural area is a region outside of an urban or suburban area. (iii) Inclusion For purposes of clause (ii), a rural area may include individuals and organizations from multiple towns in the county or region involved. (b) Program requirements A program carried out using funds awarded under subsection (a)(2) shall take a public health approach to mental health prevention and promotion, using the best available evidence, to strengthen the entire community’s psychological and emotional wellness and resilience, including by— (1) collecting and analyzing information from residents of the community 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, and leadership in the community to— (A) facilitate using a public health approach to mental health; and (B) detect, prevent, and heal mental health, behavioral health, and psychosocial conditions 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 residents in building social connections, including across cultural, geographic, and economic boundaries; (B) enhancing local economic, social, and environmental conditions, including with respect to the build environment; (C) becoming trauma-informed and learning simple self-administrable mental wellness and resilience skills; (D) engaging in community activities that strengthen mental wellness and resilience; (E) partaking in nonclinical group and community-minded prevention and recovery programs; and (F) other activities to promote mental wellness and resilience and prevent or heal individual and community traumas. (c) Resilience coordinating network (1) In general In this section, the term resilience coordinating network (2) Categories The categories listed in this paragraph are the following: (A) Grassroots groups, community-based organizations, neighborhood associations, and volunteer civic organizations. (B) Elementary and secondary schools, high-needs schools, institutions of higher education, including community colleges, job-training programs, and other education or training agencies or organizations. (C) Youth serving organizations, such as youth after-school and summer programs. (D) Parental, 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 emergency response groups and organizations. (J) Businesses and business associations. (K) Organizations involved with community safety, security, and the justice system. (L) Social work, mental health, behavioral health, substance use, physical health, public health, and other professionals, groups, organizations, agencies, and institutions in the human health and social services fields. (M) The general public, including individuals who have experienced adverse mental health or behavioral health conditions who can represent and engage with populations relevant to the community. (d) Technical assistance The Secretary shall provide, directly or through grants to, or contracts with public or private entities, to eligible organizations and resilience coordinating networks technical assistance— (1) in developing applications for grants under paragraph (1) or (2) of subsection (a); and (2) by sharing best practices learned from resilience coordinating networks. (e) Report (1) Submission Not later than December 31, 2028, the Secretary shall submit a report to 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, and the outputs and outcomes achieved. (f) Definitions In this section: (1) 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, intervene before they become more severe, 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, emotional, and behavioral wellness and resilience for adversities; (ii) taking a holistic systems perspective that recognizes that most mental health, behavioral health, and psychosocial conditions result from numerous interrelated personal, family, social, economic, and environmental factors that require multipronged community-based interventions; and (iii) using the best available evidence to take action and implement strategies that support mental health prevention and recovery efforts. (2) The term community (3) The term community trauma (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 mental wellness (6) The term psychosocial problem (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 toxic stress (g) Authorization of appropriations (1) In general To carry out this section, there is authorized to be appropriated $36,000,000 for the period of fiscal years 2024 through 2028. (2) Limitation Of the amount made available to carry out this section for a fiscal year, not more than 5 percent of such funds may be used to carry out subsection (d). .

Community Mental Wellness and Resilience Act of 2023

Taiwan Tax Agreement Act of 2023 This bill authorizes the United States to enter into a tax agreement with Taiwan. Specifically, the President may, through the American Institute in Taiwan (AIT), negotiate and enter into a tax agreement with the Taipei Economic and Cultural Representative Office (TECRO). (The U.S.-Taiwan relationship is unofficial; TECRO is Taiwan's principal representative office in the United States, while the AIT, a private corporation, performs many of the same functions as U.S. embassies elsewhere.) The agreement must address issues including (1) the taxation of tax residents of Taiwan, the United States, or both; (2) relief from double taxation; and (3) protection against tax evasion or avoidance. The agreement must conform with the 2016 U.S. Model Income Tax Convention and other customary U.S. bilateral income tax convention terms. The bill requires the President to notify Congress 15 days before negotiations begin and provide periodic reports. The Department of the Treasury must brief Congress upon request and provide timely updates during the course of negotiations. The negotiated agreement may only take legal effect upon submission of the agreement to Congress and the approval of a concurrent resolution in a form prescribed by the bill. The agreement, once in force, must be afforded the same treatment as a treaty under U.S. law.

118 S1457 IS: Taiwan Tax Agreement Act of 2023 U.S. Senate 2023-05-04 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. 1457 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mr. Menendez Mr. Risch Mr. Van Hollen Mr. Romney Committee on Foreign Relations A BILL To authorize negotiation and conclusion and to provide for congressional consideration of a tax agreement between the American Institute in Taiwan (AIT) and the Taipei Economic and Cultural Representative Office (TECRO). 1. Short title This Act may be cited as the Taiwan Tax Agreement Act of 2023 2. Findings Congress makes the following findings: (1) The United States has entered into tax treaties covering 65 jurisdictions, which facilitate economic activity, strengthen bilateral cooperation, and benefit United States businesses and other United States taxpayers. (2) Taiwan is a one of the largest trading partners of the United States and one of the world’s largest economies, and further bolstering economic ties between the United States and Taiwan remains critical, especially given Taiwan’s strategic importance and the increasing threat posed by the People’s Republic of China. (3) A tax agreement with Taiwan would play a key role in facilitating and promoting increased bilateral investment and trade between the United States and Taiwan, fortifying the relationship between the two more generally, and encouraging other nations to increase their economic linkages to Taiwan. 3. Authorization to negotiate and conclude (a) In general The President is authorized to negotiate and enter into a tax agreement relative to Taiwan through the American Institute in Taiwan (AIT) (hereinafter the Agreement (b) Elements of agreement The Agreement authorized to be negotiated and concluded under this section shall conform with the provisions customarily contained in United States bilateral income tax conventions, as exemplified by the 2016 United States Model Income Tax Convention, and shall include the following elements: (1) Application to tax residents of the United States, Taiwan, or both, exclusive of enterprises permanently established in the People’s Republic of China or in third States that do not have a comprehensive income tax treaty with the United States. (2) Relief from double taxation. (3) Measures aimed at limiting the risk of tax evasion or avoidance. (4) Entry into force conditioned upon confirmation by the President of approval by the United States Congress, as described in section 4, and relevant authority in Taiwan and necessary steps taken to enable implementation. (c) Limitation The Agreement authorized to be negotiated and concluded under this section may not include elements outside the scope of the 2016 United States Model Income Tax Convention. 4. Consultation (a) Notification upon commencement of negotiations The President shall provide written notification to the appropriate congressional committees of the commencement of negotiations between AIT and TECRO on the Agreement at least 15 calendar days before such commencement. (b) Reports Not later than 90 days after commencement of negotiations on the Agreement, and every 180 days thereafter until conclusion of the Agreement, the President shall submit a report to the appropriate congressional committees providing an update on the status of negotiations, including a description of elements under negotiation. (c) Consultations during negotiations In the course of negotiations conducted under the authorities of this Act, the Secretary of the Treasury, in coordination with the Secretary of State, shall— (1) meet, upon request, with the Chairman or Ranking Member of the appropriate congressional committees regarding negotiating objectives and the status of negotiations in progress; and (2) consult closely, on a timely basis, and keep fully apprised of the negotiations, the appropriate congressional committees. 5. Approval of the Agreement (a) Submission of agreement Not later than 30 days after the Agreement is concluded, the Secretary of State shall provide the Agreement and technical explanation to the appropriate congressional committees. (b) Approval The Agreement shall not take effect until after Congress passes a concurrent resolution of approval as described in subsection (c). (c) Terms of concurrent resolution of approval (1) In general For purposes of subsection (b), the term concurrent resolution of approval (A) which does not have a preamble; (B) which includes in the matter after the resolving clause the following: That Congress approves the Tax Agreement concluded between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office, as submitted by the President on ____. (C) the title of which is as follows: Concurrent resolution approving the Tax Agreement concluded between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office. (2) Referral A resolution described in this subsection that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A resolution described in this subsection that is introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives. 6. Entry into force and legal effect of the Agreement (a) Entry into force Upon passage of the concurrent resolution of approval, the President may bring the Agreement into force. (b) Legal effect Upon entry into force, the Agreement shall be afforded the same treatment as a treaty for purposes of the laws of the United States. 7. Appropriate congressional committees defined In this section, the term appropriate congressional committees

Taiwan Tax Agreement Act of 2023

Cap Insulin Prices Act This bill reduces cost-sharing for insulin under private health insurance and the Medicare prescription drug benefit. Specifically, the bill caps cost-sharing under private health insurance for a month's supply of selected insulin products at $25 or 25% of a plan's negotiated price (after any price concessions), whichever is less, beginning in 2024. The bill caps cost-sharing under the Medicare prescription drug benefit for a month's supply insulin products at $25 beginning in 2024. The current cap on insulin products under Medicare is $35 per month.

118 S146 IS: Cap Insulin Prices Act 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. 146 IN THE SENATE OF THE UNITED STATES January 30, 2023 Mr. Hawley Committee on Health, Education, Labor, and Pensions A BILL To reduce the price of insulin for patients. 1. Short title This Act may be cited as the Cap Insulin Prices Act 2. Reduction in cost-sharing for covered insulin products under Medicare part D Section 1860D–2(b)(9)(D) of the Social Security Act ( 42 U.S.C. 1395w–102(b)(9)(D) (1) by redesignating clause (ii) as clause (iii); (2) in clause (i)— (A) by striking plan years 2023, 2024, and 2025 plan year 2023 (B) by striking and (3) by inserting after clause (i) the following new clause: (ii) during plan years 2024 and 2025, $25; and ; and (4) in clause (iii)(I), as redesignated by paragraph (1) of this section, by striking $35 $25 3. Requirements with respect to cost-sharing for insulin products (a) 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 cost-sharing for certain insulin products (a) In general For plan years beginning on or after January 1, 2024, a group health plan or health insurance issuer offering group or individual health insurance coverage shall provide coverage of selected insulin products, and with respect to such products, shall not— (1) apply any deductible; (2) impose any cost-sharing requirement in excess of the lesser of, per 30-day supply— (A) $25; or (B) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan or coverage, including price concessions received by or on behalf of third-party entities providing services to the plan or coverage, such as pharmacy benefit management services; or (3) impose any utilization management practices such as prior authorization, step therapy protocols, or other similar conditions on such products, except as clinically justified and as specified by the Secretary. (b) Definitions In this section: (1) Selected insulin products The term selected insulin products (2) Insulin defined The term insulin (c) Out-of-Network providers Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. (d) Rule of construction Subsection (a) shall not be construed to require coverage of, or prevent a group health plan or health insurance coverage from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. (e) Application of cost-Sharing towards deductibles and out-of-Pocket maximums Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage. . (b) No effect on other cost-Sharing Section 1302(d)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(d)(2) (D) Special rule relating to insulin coverage For plan years beginning on or after January 1, 2024, the exemption of coverage of selected insulin products (as defined in section 2799A–11(b) of the Public Health Service Act) from the application of any deductible pursuant to section 2799A–11(a)(1) of such Act, section 726(a)(1) of the Employee Retirement Income Security Act of 1974, or section 9826(a)(1) . (c) Coverage of certain insulin products under catastrophic plans Section 1302(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(e) (4) Coverage of certain insulin products (A) In general Notwithstanding paragraph (1)(B)(i), a health plan described in paragraph (1) shall provide coverage of selected insulin products, in accordance with section 2799A–11 of the Public Health Service Act, for a plan year before an enrolled individual has incurred cost-sharing expenses in an amount equal to the annual limitation in effect under subsection (c)(1) for the plan year. (B) Terminology For purposes of subparagraph (A)— (i) the term selected insulin products (ii) the requirements of section 2799A–11 of such Act shall be applied by deeming each reference in such section to individual health insurance coverage . (d) ERISA (1) In general Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq. 726. Requirements with respect to cost-sharing for certain insulin products (a) In general For plan years beginning on or after January 1, 2024, a group health plan or health insurance issuer offering group health insurance coverage shall provide coverage of selected insulin products, and with respect to such products, shall not— (1) apply any deductible; (2) impose any cost-sharing requirement in excess of the lesser of, per 30-day supply— (A) $25; or (B) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan or coverage, including price concessions received by or on behalf of third-party entities providing services to the plan or coverage, such as pharmacy benefit management services; or (3) impose any utilization management practices such as prior authorization, step therapy protocols, or other similar conditions on such products, except as clinically justified and as specified by the Secretary. (b) Definitions In this section: (1) Selected insulin products The term selected insulin products (2) Insulin defined The term insulin 42 U.S.C. 262 (c) Out-of-Network providers Nothing in this section requires a plan or issuer that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan or issuer that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. (d) Rule of construction Subsection (a) shall not be construed to require coverage of, or prevent a group health plan or health insurance coverage from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. (e) Application of cost-Sharing towards deductibles and out-of-Pocket maximums Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan or coverage. . (2) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq. Sec. 726 Requirements with respect to cost-sharing for certain insulin products. . (e) Internal Revenue Code (1) In general Subchapter B of chapter 100 9826. Requirements with respect to cost-sharing for certain insulin products (a) In general For plan years beginning on or after January 1, 2024, a group health plan shall provide coverage of selected insulin products, and with respect to such products, shall not— (1) apply any deductible; (2) impose any cost-sharing requirement in excess of the lesser of, per 30-day supply— (A) $25; or (B) the amount equal to 25 percent of the negotiated price of the selected insulin product net of all price concessions received by or on behalf of the plan, including price concessions received by or on behalf of third-party entities providing services to the plan, such as pharmacy benefit management services; or (3) impose any utilization management practices such as prior authorization, step therapy protocols, or other similar conditions on such products, except as clinically justified and as specified by the Secretary. (b) Definitions In this section: (1) Selected insulin products The term selected insulin products (2) Insulin defined The term insulin 42 U.S.C. 262 (c) Out-of-Network providers Nothing in this section requires a plan that has a network of providers to provide benefits for selected insulin products described in this section that are delivered by an out-of-network provider, or precludes a plan that has a network of providers from imposing higher cost-sharing than the levels specified in subsection (a) for selected insulin products described in this section that are delivered by an out-of-network provider. (d) Rule of construction Subsection (a) shall not be construed to require coverage of, or prevent a group health plan from imposing cost-sharing other than the levels specified in subsection (a) on, insulin products that are not selected insulin products, to the extent that such coverage is not otherwise required and such cost-sharing is otherwise permitted under Federal and applicable State law. (e) Application of cost-Sharing towards deductibles and out-of-Pocket maximums Any cost-sharing payments made pursuant to subsection (a)(2) shall be counted toward any deductible or out-of-pocket maximum that applies under the plan. . (2) Clerical amendment The table of sections for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item: Sec. 9826 Requirements with respect to cost-sharing for certain insulin products. . (f) Implementation The Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury shall implement the provisions of this section, including the amendments made by this section, through subregulatory guidance or program instruction.

Cap Insulin Prices Act

Firearm Safety Act of 2023 This bill allows the Consumer Product Safety Commission to issue safety standards for firearms and firearm components.

118 S1460 IS: Firearm Safety Act of 2023 U.S. Senate 2023-05-04 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. 1460 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mr. Booker Ms. Warren Ms. Hirono Mr. Menendez Mr. Durbin Mrs. Feinstein Mr. Reed Mr. Merkley Committee on Commerce, Science, and Transportation A BILL To amend the Consumer Product Safety Act to remove the exclusion of pistols, revolvers, and other firearms from the definition of consumer product in order to permit the issuance of safety standards for such articles by the Consumer Product Safety Commission. 1. Short title This Act may be cited as the Firearm Safety Act of 2023 2. Removal of exclusion of firearms from the definition of consumer product Section 3(a)(5) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a)(5)

Firearm Safety Act of 2023

Stop Human Trafficking of Unaccompanied Migrant Children Act of 2023 This bill imposes additional requirements relating to placing unaccompanied alien children with sponsors. (Under federal law, an unaccompanied alien child is a minor with no lawful immigration status and no parent or legal guardian in the United States to provide care and physical custody.) Before the Department of Health and Human Services (HHS) may release such a child to a sponsor, the sponsor must complete a fingerprint background check and vetting that includes (1) a public records check, (2) a National Sex Offender Registry check, (3) a Federal Bureau of Investigation National Criminal History Check, (4) a child abuse and neglect check, and (5) state and local criminal history checks. Each adult in the sponsor's household must also undergo such vetting before the placement. Currently, the Office of Refugee Resettlement (ORR) within HHS conducts background checks of potential sponsors, which includes fingerprinting and checks of criminal public records and sex offender registries. ORR also vets adults in the sponsor's household in certain cases, such as if the sponsor is unrelated to the child, but this vetting may be waived or relaxed. The bill also requires HHS to visit the home of a proposed sponsor before the placement and to conduct periodic home visits after. A child may not be placed with a sponsor who is unlawfully present in the United States unless the sponsor is the child's parent, relative, or legal guardian. HHS must retroactively apply these vetting standards to all sponsors for placements made since January 20, 2021.

118 S1461 IS: Stop Human Trafficking of Unaccompanied Migrant Children Act of 2023 U.S. Senate 2023-05-04 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. 1461 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mr. Scott of Florida Mr. Cotton Mr. Rubio Committee on the Judiciary A BILL To establish vetting standards for the placement of unaccompanied alien children with sponsors, and for other purposes. 1. Short title This Act may be cited as the Stop Human Trafficking of Unaccompanied Migrant Children Act of 2023 2. Vetting standards for placement of unaccompanied alien children with sponsors (a) Vetting of prospective sponsors (1) In general Before an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) (A) a public records check; (B) a check of the National Sex Offender Registry of the Department of Justice, conducted through the public internet website for such registry; (C) a Federal Bureau of Investigation National Criminal History check based on digital fingerprints or digitized fingerprints submitted on paper; (D) a Child Abuse and Neglect check, obtained on a State-by-State basis; and (E) a check of the criminal history repository of the applicable 1 or more States and a police records check of the applicable localities. (2) Adults household members As part of the vetting process under paragraph (1), each individual who is 18 years of age or older in the household of a prospective sponsor shall undergo and complete all vetting processes required by paragraph (1), to the satisfaction of the Secretary of Health and Human Services and the head of the department of children and family services of the applicable State (or the equivalent State agency) and in consultation with the Attorney General and the Secretary of Homeland Security, before an unaccompanied alien child may be placed in such household. (b) Limitation on placement with illegal aliens The Secretary of Health and Human Services may not release an unaccompanied alien child to the custody of a sponsor who is an alien unlawfully present in the United States, unless such alien is a biological parent, legal guardian, or relative of the child. (c) Monitoring visits (1) Pre-release Before an unaccompanied alien child may be released from the custody of the Secretary of Health and Human Services, the Secretary shall conduct a home visit to the household in which the child is proposed to be placed, regardless of the sponsor category of the prospective sponsor. (2) Post-release For each child released from the custody of the Secretary of Health and Human Services after the date of the enactment of this Act, the Secretary shall conduct— (A) during the 1-year period beginning on the date on which the child is so released, not fewer than 5 unannounced in-person home visits; and (B) during the subsequent 1-year period, 1 in-person home visit each quarter. (d) Retroactive vetting The Secretary of Health and Human Services, in collaboration with the head of the department of children and family services of each applicable State (or the equivalent State agency) and in consultation with the Attorney General and the Secretary of Homeland Security, shall immediately conduct the fingerprint background check and vetting process described in subsection (a) for each sponsor with whom a child released from the custody of the Secretary of Health and Human Services has been placed since January 20, 2021, until the sponsor of each such child has been vetted in accordance with this Act. (e) Monthly reports (1) Children in custody and released to sponsors Not later than 30 days after the date of the enactment of this Act, and every 30 days thereafter, the Secretary of Health and Human Services and the Secretary of Homeland Security shall jointly submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains, for the preceding month— (A) the number of unaccompanied alien children encountered by the Secretary of Homeland Security; (B) the number of unaccompanied alien children released by the Secretary of Homeland Security into the custody of the Secretary of Health and Human Services; (C) the number of sponsor background checks completed under subsection (a); (D) the number of sponsor background checks in progress under such subsection; (E) the number of pre-release home visits completed; (F) the number of post-release home visits completed; (G) the number of unaccompanied alien children released to sponsors, disaggregated by sponsor category; (H) total number of unaccompanied alien children in the custody of the Secretary of Health and Human Services, disaggregated by State and Department of Health and Human Services facility; and (I) the rate at which the Secretary of Health and Human Services rejected sponsorship applications. (2) Missing children Not later than 30 days after the date of the enactment of this Act, and every 30 days thereafter, the Secretary of Health and Human Services and the Secretary of Homeland Security shall jointly submit to Congress a report on all efforts made, during the preceding month, by the Department of Health and Human Services and the Department of Homeland Security to account for all children— (3) who were released from the custody of the Secretary of Health and Human Services to a sponsor on or after January 20, 2021; and (4) as of the date of the enactment of this Act— (A) who have been reported missing; or (B) with respect to whom the Secretary of Health and Human Services has no record since the date of release from custody.

Stop Human Trafficking of Unaccompanied Migrant Children Act of 2023

Access Technology Affordability Act of 2023 This bill allows a refundable tax credit equal to the amounts paid for qualified access technology for use by a blind individual who is the taxpayer, the taxpayer's spouse, or a dependent of the taxpayer. Qualified access technology is hardware, software, or other information technology with the primary function of converting or adapting information that is visually represented into forms or formats usable by blind individuals. The credit is limited to (1) costs that are not compensated by insurance or otherwise, and (2) an aggregate amount of $2,000 per blind individual in any period of three consecutive taxable years. The credit must be adjusted for inflation after 2024 and terminates after 2028.

118 S1467 IS: Access Technology Affordability Act of 2023 U.S. Senate 2023-05-04 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. 1467 IN THE SENATE OF THE UNITED STATES May 4, 2023 Mr. Cardin Mr. Boozman Mr. Wyden Mr. Young Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow a refundable tax credit against income tax for the purchase of qualified access technology for the blind. 1. Short title This Act may be cited as the Access Technology Affordability Act of 2023 2. Credit for qualified access technology for the blind (a) In general Subpart C of part IV of subchapter A of chapter 1 36C. Credit for qualified access technology for the blind (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this subtitle an amount equal to amounts paid or incurred during the taxable year, not compensated for by insurance or otherwise, by the taxpayer for qualified access technology for use by a qualified blind individual who is the taxpayer, the taxpayer’s spouse, or any dependent (as defined in section 152) of the taxpayer. (b) Limitation The aggregate amount of the credit allowed under subsection (a) with respect to any qualified blind individual shall not exceed $2,000 in any 3-consecutive-taxable-year period. (c) Definitions For purposes of this section— (1) Qualified blind individual The term qualified blind individual (2) Qualified access technology defined The term qualified access technology (d) Denial of double benefit No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. (e) Inflation adjustment (1) In general In the case of a taxable year beginning after 2024, the $2,000 amount in subsection (b) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2023 calendar year 2016 (2) Rounding If the amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. (f) Termination This section shall not apply with respect to amounts paid or incurred in taxable years beginning after December 31, 2028. . (b) Conforming amendments (1) Section 6211(b)(4)(A) , 36C 36B (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting , 36C , 36B (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 Sec. 36C. Credit for qualified access technology for the blind. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023.

Access Technology Affordability Act of 2023

See Something, Say Something Online Act of 2023 This bill requires a provider of an interactive computer service (e.g., a social media company) to submit an activity report to the Department of Justice if it detects the transmission of any post, message, comment, tag, or other user-generated content or transmission that commits, facilitates, incites, promotes, or otherwise assists the commission of a major crime. The activity report describing the transmission must contain (1) the name, location, and other identification information submitted by the user; (2) the date and nature of the user-generated content or transmission detected for suspicious activity; and (3) any relevant text, information, and metadata related to the suspicious transmission. If a provider fails to report a known suspicious transmission, the bill eliminates federal liability protection (sometimes referred to as Section 230 protection) for claims related to that transmission. (Generally, Section 230 provides federal immunity that prevents providers and users of interactive computer services from being held liable for transmitting or taking down user-generated content.)

118 S147 IS: See Something, Say Something Online 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. 147 IN THE SENATE OF THE UNITED STATES January 30, 2023 Mr. Manchin Mr. Cornyn Committee on Commerce, Science, and Transportation A BILL To require reporting of suspicious transmissions in order to assist in criminal investigations and counterintelligence activities relating to international terrorism, and for other purposes. 1. Short title This Act may be cited as the See Something, Say Something Online Act of 2023 2. Sense of Congress It is the sense of Congress that— (1) section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 Communications Decency Act of 1996 (2) it is not the intent of this Act to remove or strip all liability protection from websites or interactive computer service providers that are proactively working to resolve these issues; and (3) should websites or interactive computer service providers fail to exercise due care in the implementation, filing of the suspicious transmission activity reports, and reporting of major crimes, Congress intends to look at removing liability protections under the Communications Decency Act of 1996 in its entirety. 3. Definitions In this Act: (1) Department The term Department (2) Interactive computer service The term interactive computer service 47 U.S.C. 230 (3) Known suspicious transmission The term known suspicious transmission (A) should have reasonably known to have occurred; or (B) was notified of by a director, officer, employee, agent, interactive computer service user, or State or Federal law enforcement agency. (4) Major crime The term major crime (A) that is a crime of violence (as defined in section 16 of title 18, United States Code); (B) relating to domestic or international terrorism (as those terms are defined in section 2331 of title 18, United States Code); or (C) that is a serious drug offense (as defined in section 924(e) of title 18, United States Code). (5) STAR The term STAR (6) Suspicious transmission The term suspicious transmission 4. Reporting of suspicious activity (a) Mandatory reporting of suspicious transmissions (1) In general If a provider of an interactive computer service detects a suspicious transmission, the provider, including any director, officer, employee, agent, or representative of the provider, shall submit to the Department a STAR describing the suspicious transmission in accordance with this section. (2) Requirements (A) In general Except as provided in subparagraph (C), a STAR required to be submitted under paragraph (1) shall be submitted not later than 30 days after the date on which the provider of an interactive computer service— (i) initially detects the suspicious transmission; or (ii) is alerted to the suspicious transmission on the platform of such service. (B) Immediate notification In the case of a suspicious transmission that requires immediate attention, such as an active sale or solicitation of sale of drugs or a threat of terrorist activity, the provider of an interactive computer service shall— (i) immediately notify, by telephone, an appropriate law enforcement authority; and (ii) file a STAR in accordance with this section. (C) Delay of submission The 30-day period described in subparagraph (A) may be extended by 30 days if the provider of an interactive computer service provides a valid reason to the agency designated or established under subsection (b)(2). (b) Reporting process (1) In general The Attorney General shall establish a process by which a provider of an interactive computer service may submit STARs under this section. (2) Designated agency (A) In general In carrying out this section, the Attorney General shall designate an agency within the Department, or, if the Attorney General determines appropriate, establish a new agency within the Department, to which STARs should be submitted under subsection (a). (B) Consumer reporting The agency designated or established under subparagraph (A) shall establish a centralized online resource, which may be used by individual members of the public to report suspicious activity related to major crimes for investigation by the appropriate law enforcement or regulatory agency. (C) Cooperation with industry The agency designated or established under subparagraph (A)— (i) may conduct training for enforcement agencies and for providers of interactive computer services on how to cooperate in reporting suspicious activity; (ii) may develop relationships for promotion of reporting mechanisms and resources available on the centralized online resource required to be established under subparagraph (B); and (iii) shall coordinate with the National White Collar Crime Center to convene experts to design training programs for State and local law enforcement agencies, which may include using social media, online ads, paid placements, and partnering with expert non-profit organizations to promote awareness and engage with the public. (c) Contents Each STAR submitted under this section shall contain, at a minimum— (1) the name, location, and other such identification information as submitted by the user to the provider of the interactive computer service; (2) the date and nature of the post, message, comment, tag, transaction, or other user-generated content or transmission detected for suspicious activity such as time, origin, and destination; and (3) any relevant text, information, and metadata related to the suspicious transmission. (d) Retention of records and nondisclosure (1) Retention of records Each provider of an interactive computer service shall— (A) maintain a copy of any STAR submitted under this section and the original record equivalent of any supporting documentation for the 5-year period beginning on the date on which the STAR was submitted; (B) make all supporting documentation available to the Department and any appropriate law enforcement agencies upon request; and (C) not later than 30 days after the date on which the provider submits a STAR under this section, take action against the website or account reported unless the provider receives a notification from a law enforcement agency that the website or account should remain open. (2) Nondisclosure Except as otherwise prescribed by the Attorney General, no provider of an interactive computer service, or officer, director, employee, or agent of such a provider, subject to an order under subsection (a) may disclose the existence of, or terms of, the order to any person. (e) Disclosure to other agencies (1) In general Subject to paragraph (2), the Attorney General shall— (A) ensure that STARs submitted under this section and reports from the public submitted under subsection (b)(2)(B) are referred as necessary to the appropriate Federal, State, or local law enforcement or regulatory agency; (B) make information in a STAR submitted under this section available to an agency, including any State financial institutions supervisory agency or United States intelligence agency, upon request of the head of the agency; and (C) develop a strategy to disseminate relevant information in a STAR submitted under this section in a timely manner to other law enforcement and government agencies, as appropriate, and coordinate with relevant nongovernmental entities, such as the National Center for Missing and Exploited Children. (2) Limitation The Attorney General may only make a STAR available under paragraph (1) for law enforcement purposes. (f) Compliance Any provider of an interactive computer service that fails to report a known suspicious transmission shall not be immune from civil or criminal liability for such transmission under section 230(c) of the Communications Act of 1934 ( 47 U.S.C. 230(c) (g) Application of FOIA Any STAR submitted under this section, and any information therein or record thereof, shall be exempt from disclosure under section 552 of title 5, United States Code, or any similar State, local, Tribal, or territorial law. (h) Rulemaking authority Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to carry out this section. (i) Report Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report describing the plan of the Department for implementation of this Act, including a breakdown of the costs associated with implementation. (j) Authorization of appropriations There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. 5. Amendment to Communications Decency Act Section 230(e) of the Communications Act of 1934 ( 47 U.S.C. 230(e) (6) Loss of liability protection for failure to submit suspicious transmission activity report (A) Definitions In this paragraph, the terms known suspicious transmission suspicious transmission See Something, Say Something Online Act of 2023 (B) Requirement Any provider of an interactive computer service shall take reasonable steps to prevent or address unlawful users of the service through the reporting of suspicious transmissions. (C) Failure to comply Any provider of an interactive computer service that fails to report a known suspicious transmission may be held liable as a publisher for the related suspicious transmission. (D) Rule of construction Nothing in this paragraph shall be construed to impair or limit any claim or cause of action arising from the failure of a provider of an interactive computer service to report a suspicious transmission. .

See Something, Say Something Online Act of 2023

Dairy Nutrition Incentive Program Act of 2023 This bill directs the Department of Agriculture (USDA) to establish a dairy nutrition incentive program to develop and test methods to increase the purchase and consumption of dairy under the Supplemental Nutrition Assistance Program (SNAP). Specifically, the program must provide an incentive to SNAP benefit recipients for the purchase of naturally nutrient-rich dairy, which the bill defines to include fluid milk, yogurt, and cheese made from cow's milk. To carry out the program, USDA must enter into cooperative agreements with, or provide competitive grants to, state or local governments and nonprofit organizations for projects. The bill provides funding for the program for each fiscal year. USDA must provide for an independent evaluation of each project that measures, to the maximum extent practicable, the effect of incentives on purchases of naturally nutrient-rich dairy by SNAP recipients. Projects currently carried out by the USDA Healthy Fluid Milk Incentives (HFMI) program must be transitioned to the new dairy nutrition incentive program; the bill repeals the HFMI program one year after USDA certifies that the transition is complete.

118 S1474 IS: Dairy Nutrition Incentive Program Act of 2023 U.S. Senate 2023-05-04 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. 1474 IN THE SENATE OF THE UNITED STATES May 4, 2023 Ms. Klobuchar Mr. Marshall Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to establish a dairy nutrition incentive program, and for other purposes. 1. Short title This Act may be cited as the Dairy Nutrition Incentive Program Act of 2023 2. Dairy nutrition incentive program (a) In general The Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. 31. Dairy nutrition incentive program (a) Definitions In this section: (1) Dairy product The term dairy product (A) the first ingredient on the labeled ingredients list of the product; or (B) the second ingredient on the labeled ingredients list of the product, if the first listed ingredient is water. (2) Eligible entity The term eligible entity (A) a State or local governmental entity; and (B) a nonprofit organization. (3) Fluid milk The term fluid milk (A) is packaged in liquid form; and (B) contains vitamins A and D at levels consistent with the Food and Drug Administration standards, and applicable State and local standards, for fluid milk. (4) Naturally nutrient-rich dairy The term naturally nutrient-rich dairy (A) fluid milk; (B) yogurt and other cultured cow’s milk dairy products; and (C) cheese (including nonstandardized cheese) made from cow’s milk. (5) Program The term program (b) Establishment Not later than 180 days after the date of enactment of this section, the Secretary shall establish a dairy nutrition incentive program under which the Secretary shall develop and test methods to increase the purchase and consumption of naturally nutrient-rich dairy by members of households that receive benefits under the supplemental nutrition assistance program by providing an incentive for the purchase of naturally nutrient-rich dairy at the point of purchase to members of households purchasing food using those benefits. (c) Grants or cooperative agreements (1) In general To carry out the program, the Secretary shall enter into cooperative agreements with, or provide grants to, eligible entities, on a competitive basis, for projects that meet the purpose of the program described in subsection (b). (2) Application An eligible entity seeking to enter into a cooperative agreement or receive a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Selection criteria The Secretary shall develop and make public criteria for evaluating proposed projects in applications submitted under paragraph (2), which shall incorporate a scientifically based strategy designed to improve diet quality and nutritional outcomes through the increased purchase of naturally nutrient-rich dairy. (4) Priority In entering into cooperative agreements and awarding grants under the program, the Secretary shall give priority to projects that— (A) maximize the percentage of funds used for direct incentives for participants in the supplemental nutrition assistance program; (B) include a project design— (i) that provides incentives when naturally nutrient-rich dairy is purchased using benefits under the supplemental nutrition assistance program; and (ii) in which the incentives earned may be used only to purchase naturally nutrient-rich dairy; (C) include project sites that serve members of households that participate in the supplemental nutrition assistance program; and (D) incorporate the use of point-of-sale systems that can electronically issue incentives earned under the program. (5) Additional financial assistance An eligible entity may request funds from the Secretary, pursuant to section 16, to offset initial costs to enable electronic benefits transfer technology for electronic point-of-sale systems described in paragraph (4)(D) for projects sites selected under the program. (d) Evaluation (1) In general The Secretary shall provide for an independent evaluation of each project carried out under the program that measures, to the maximum extent practicable, the effect of incentives on purchases of naturally nutrient-rich dairy by members of households that receive benefits under the supplemental nutrition assistance program. (2) Methodology requirement The independent evaluation under paragraph (1) shall use rigorous methodologies, such as random assignment or other methods that are capable of producing scientifically valid information regarding activities that are effective. (3) Discontinuance (A) In general Except as provided in subparagraph (B), subject to availability of funds, nothing in this section shall limit the continuation of a project carried out under the program. (B) Noncompliance The Secretary may discontinue a project or close a project site under the program if the project— (i) does not comply with the requirements under this section; (ii) does not comply with the requirements of the grant awarded or cooperative agreement entered into under the program, as applicable; or (iii) if the Secretary determines that the results of the independent evaluation of the project under paragraph (1) are not satisfactory. (4) Public dissemination The Secretary shall make publicly available the results of each independent evaluation carried out under paragraph (1). (e) Report Not later than December 31 of the first full calendar year following the date of establishment of the program, and biennially thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that includes a description of— (1) the status of each project carried out under the program; and (2) the results of each completed evaluation under paragraph (1) during the period covered by the report. (f) Funding (1) Mandatory funding There is appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $10,000,000 for each fiscal year to carry out this section. (2) Authorization of appropriations (A) In general In addition to the funds made available under paragraph (1), there is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2025 and each fiscal year thereafter. (B) Appropriations in advance With respect to any funds made available under subparagraph (A), only funds appropriated in advance specifically to carry out this section shall be available to carry out this section. (3) Evaluation costs Of the funds made available to carry out this section for a fiscal year, the Secretary shall use not more than 7 percent to carry out subsection (d). (4) Limitation on use Funds made available to carry out this section shall not be used for any project that limits the use of benefits under the supplemental nutrition assistance program. . (b) Transition from healthy fluid milk incentives projects (1) In general The Secretary of Agriculture (referred to in this subsection as the Secretary 7 U.S.C. 2026a (2) No interruption In carrying out paragraph (1), the Secretary shall ensure that— (A) there is no interruption in projects being carried out under section 4208 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 2026a (B) any additional authorities or flexibilities under the dairy nutrition incentive program established under section 31 of the Food and Nutrition Act of 2008 shall be applied to the projects described in subparagraph (A). (3) Repeal Effective 1 year after the date on which the Secretary certifies that the Secretary has completed carrying out paragraph (1), section 4208 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 2026a

Dairy Nutrition Incentive Program Act of 2023

Pharmaceutical Research Transparency Act of 2023 This bill requires the disclosure of costs associated with clinical trials and pharmaceutical research and development. Specifically, the National Institutes of Health must create a publicly available repository of cost data from certain clinical trials that test the efficacy of drugs, biological products, and devices in human subjects. For each applicable trial, the registry must, among other information, include the total and per patient cost of the trial, as well as costs for personnel, health care services, and other categories of expenditures. Information must be added to the registry within one year of the trial's completion. The bill also requires drug manufacturers to include their research and development expenditures for drugs and biological products in annual disclosures made to the Securities and Exchange Commission.

118 S1476 IS: Pharmaceutical Research Transparency Act of 2023 U.S. Senate 2023-05-09 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. 1476 IN THE SENATE OF THE UNITED STATES May 9, 2023 Ms. Stabenow Ms. Smith Mr. Welch Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to increase the transparency of pharmaceutical research costs, and for other purposes. 1. Short title This Act may be cited as the Pharmaceutical Research Transparency Act of 2023 2. Expansion of registry and results data bank to include costs of drug clinical trials (a) In general Section 402(j) of the Public Health Service Act ( 42 U.S.C. 282(j) (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following new paragraph: (7) Creation of clinical trial cost data repository (A) Generally The Secretary, acting through the Director of NIH, shall create a publicly available Federal website to serve as a repository of cost data for all applicable drug clinical trials (in this paragraph referred to as the cost data repository (i) The responsible party or sponsor of the applicable drug clinical trial, or any entity funding the applicable drug clinical trial. (ii) The name of the intervention, including any drug being studied in the applicable drug clinical trial. (iii) The study phase of the applicable drug clinical trial. (iv) The start date and completion date of the applicable drug clinical trial. (v) Such other criteria as the Secretary deems appropriate. (B) Cost data defined For purposes of this paragraph, the term cost data (i) The total cost of the applicable drug clinical trial. (ii) The cost of the trial per patient. (iii) Expenditures for each of the following categories: (I) Personnel. (II) Any intervention or treatment that is administered in one or more arms of the applicable drug clinical trial. (III) Materials and supplies. (IV) Health care services provided to subjects. (V) Site management. (VI) Laboratory. (VII) Equipment. (VIII) The allocable portion of any facilities costs, administrative costs, or other costs that are not solely attributable to the applicable drug clinical trial. (IX) Such other categories as the Secretary may identify by regulation. (C) Posting of clinical trial cost data (i) In general Except as provided in clause (iii), each responsible party of an applicable drug clinical trial shall post cost data for that trial to the cost data repository no later than 1 year after the completion date of the trial. (ii) Format and methodology of posting A cost data posting under clause (i) shall— (I) include individual data points for the information required under subparagraphs (B)(i) and (B)(ii), separated by year; (II) include individual data points for each category listed under subparagraph (B)(iii), separated by year; (III) limit the cost of the intervention or treatment under subparagraph (B)(iii)(II) to manufacturing costs unless the responsible party of the trial was required to purchase the intervention or treatment from an unaffiliated third party; (IV) include detailed documentation and methodology for the calculation of costs identified under subparagraph (B)(iii)(VIII); and (V) include a signed certification that the posted data is complete and accurate. (iii) Delayed posting of cost data and extensions (I) Seeking initial approval of drug, or approval of a new use If the responsible party for an applicable drug clinical trial submits a certification that paragraph (3)(E)(iv) or paragraph (3)(E)(v) applies to such trial, the responsible party shall post cost data under clause (i) at the time that clinical trial information is required to be submitted under the applicable paragraph. (II) Extension for good cause The Director of NIH may provide an extension of the deadline for posting of cost data under clause (i) if the responsible party for the trial submits to the Director a written request that demonstrates good cause for the extension and provides an estimate of the date on which the information will be posted. The Director of NIH may grant more than one such extension for a clinical trial, but under no circumstances shall an extension under this subclause extend beyond the date that is 18 months after the completion date of the trial. (III) Extension to establish necessary infrastructure If necessary to establish the necessary infrastructure to accept, organize, and post cost data submitted under clause (i), the Director of NIH may extend the deadline for the posting of cost data under clause (i) to not later than 2 years after the date of enactment of the Pharmaceutical Research Transparency Act of 2023 (IV) Rule of construction This clause shall not be construed to have any effect on reporting obligations of the responsible party under provisions other than this paragraph. (D) Linking to cost data repository (i) Creation of field The Director of NIH shall create a field within the registry and results data bank to include an electronic link to the relevant cost data posting under subparagraph (C)(i). (ii) Posting The responsible party for an applicable drug clinical trial shall post in the field created under clause (i) a link to the relevant cost data posting no later than 5 days after initial posting of the cost data under subparagraph (C)(i). (E) Rulemaking (i) In general The Secretary shall promulgate regulations to carry out this paragraph that include— (I) definitions for each category of information identified in subparagraph (B); (II) standards for allocating fixed expenditures across multiple years of an applicable drug clinical trial; (III) a standard format for the submission and posting of cost data under this paragraph; (IV) procedures, standards, and requirements for the reporting documentation and methodology required under subparagraph (C)(ii)(IV); and (V) any other procedures, standards, or requirements necessary to ensure public transparency of cost data as required by this paragraph. (ii) Initial regulations The Secretary shall— (I) not later than one year after the date of enactment of the Pharmaceutical Research Transparency Act of 2023 (II) not later than 2 years after such date of enactment, finalize such regulations. (F) Applicability The requirements of this paragraph apply only to applicable drug clinical trials with a start date on or after the date of enactment of the Pharmaceutical Research Transparency Act of 2023 . (b) Conforming changes Section 402(j) of the Public Health Service Act ( 42 U.S.C. 282(j) (1) in paragraph (1)(A)(iv), by striking paragraph (2) or under paragraph (3) paragraph (2), (3), or (7) (2) in paragraph (4)— (A) in subparagraph (A), by striking paragraph (2) or paragraph (3) paragraph (2), (3), or (7) (B) in subparagraph (B)(i), by striking paragraphs (2) and (3) paragraphs (2), (3), and (7) (3) in paragraph (5)— (A) in subparagraph (A), by striking paragraphs (2) and (3) paragraphs (2), (3), and (7) (B) in subparagraph (E)(i), by striking paragraphs (2) or (3) paragraph (2), (3), or (7) 3. Disclosure of research and development expenditures by drug manufacturers Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m (t) Disclosure of research and development expenditures by drug manufacturers (1) Definitions In this subsection: (A) Drug The term drug (i) A new drug application (or supplemental new drug application) filed under subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 (ii) A biologic product application (or supplemental application) filed under subsection (a) or (k) of section 351 of the Public Health Service Act ( 42 U.S.C. 262 (B) Drug manufacturer issuer The term drug manufacturer issuer (i) is required to file an annual report with the Commission under subsection (a); and (ii) engages in the development, manufacture, or marketing of any drug. (2) Disclosure (A) In general Subject to the other provisions of this paragraph, the Commission shall issue rules that require each drug manufacturer issuer’s annual report under subsection (a) to include information regarding the drug manufacturer issuer’s research and development expenditures with respect to— (i) a drug; and (ii) any preliminary research or development of a drug product or drug substance, as those terms are defined in section 314.3 of title 21, Code of Federal Regulations (or any successor regulation) for which the drug manufacturer issuer has not submitted an application described in clause (i) or (ii) of paragraph (1)(A). (B) Initial rules The Commission shall— (i) not later than 1 year after the date of enactment of the Pharmaceutical Research Transparency Act of 2023 (ii) not later than 2 years after the date of enactment described in clause (i), finalize the rules required under subparagraph (A). (C) Required information The information required under subparagraph (A) shall include total expenditures, which shall be disaggregated to each stage of drug research and development, including— (i) basic research; (ii) pre-clinical research; (iii) phase I of a clinical investigation of a new drug, as described in section 312.21(a) of title 21, Code of Federal Regulations, or any successor regulation; (iv) phase II of a clinical investigation of a new drug, as described in section 312.21(b) of title 21, Code of Federal Regulations, or any successor regulation; (v) phase III of a clinical investigation of a new drug, as described in section 312.21(c) of title 21, Code of Federal Regulations, or any successor regulation; and (vi) post-market studies or clinical trials required under section 505(o) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(o) (D) Limitations calculation The calculation of expenditure information disclosed under subparagraph (A) shall not include the following information, although such information may be disclosed separately: (i) Costs incurred in connection with licensing agreements or acquiring intellectual property. (ii) The cost of mergers or acquisitions. (iii) Any intangible costs, including estimates, adjustments, and assumptions related to the risk of failure, or the risk associated with seeking regulatory approval by the Food and Drug Administration or another agency. (iv) The estimated cost of capital. (3) Consultation in rulemaking In issuing rules under this subsection, the Commission— (A) shall consult with the Commissioner of Food and Drugs and the Director of the National Institutes of Health; and (B) may consult with the head of any other Federal agency or entity that the Commission determines is relevant. . 4. Severability If any provision of this Act, an amendment made by this Act, or the application of any such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of the provisions of this Act, the amendments made by this Act, and the application of such provisions and amendments to any person or circumstance shall not be affected thereby.

Pharmaceutical Research Transparency Act of 2023

Make the Migrant Protection Protocols Mandatory Act of 2023 This bill requires the Department of Justice (DOJ) to remove certain non-U.S. nationals (aliens under federal law) from the United States while such an individual's application for admission is pending. Specifically, if such an individual arrived by land from a foreign country bordering the United States and the individual is not clearly and beyond a doubt entitled to admission into the United States, DOJ must return that individual to that bordering foreign country while the individual's application for admission is pending. (Currently, DOJ may choose to detain such an individual or return the individual to the bordering foreign country while the application for admission is pending.)

118 S1479 IS: Make the Migrant Protection Protocols Mandatory Act of 2023 U.S. Senate 2023-05-09 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. 1479 IN THE SENATE OF THE UNITED STATES May 9, 2023 Mrs. Blackburn Ms. Lummis Mr. Braun Mr. Daines Committee on the Judiciary A BILL To amend section 235(b)(2)(C) of the Immigration and Nationality Act to require the implementation of the Migrant Protection Protocols. 1. Short title This Act may be cited as the Make the Migrant Protection Protocols Mandatory Act of 2023 2. Mandatory implementation of the Migrant Protection Protocols Section 235(b)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(2)(C) may shall

Make the Migrant Protection Protocols Mandatory Act of 2023

Financial Exploitation Prevention Act of 2023 This bill addresses the redemption of securities involving the potential financial exploitation of an adult by allowing an open-end investment company to elect to comply with certain procedures. (Open-end investment management companies offer securities in pooled investment vehicles such as mutual funds.) Specifically, the bill allows for the delay of the redemption of a security issued by an open-end investment management company if the company reasonably believes the redemption involves the financial exploitation of an individual age 65 or older or an individual age 18 or older who is unable to protect his or her own interests. The company may initially delay the redemption for up to 15 days and, upon making a determination of exploitation, may delay the redemption an additional 10 days. In the event of delay, the company must hold the amounts related to the redemption in a demand deposit account. Additionally, the Securities and Exchange Commission must make legislative and regulatory recommendations to address the financial exploitation of these adults.

118 S1481 IS: Financial Exploitation Prevention Act of 2023 U.S. Senate 2023-05-09 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. 1481 IN THE SENATE OF THE UNITED STATES May 9, 2023 Mr. Hagerty Mr. Tester Committee on Banking, Housing, and Urban Affairs A BILL To amend the Investment Company Act of 1940 to postpone the date of payment or satisfaction upon redemption of certain securities in the case of the financial exploitation of specified adults, and for other purposes. 1. Short title This Act may be cited as the Financial Exploitation Prevention Act of 2023 2. Redemption of certain securities postponed (a) In general Section 22 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–22 (h) Requirements with respect to non-Institutional direct at-Fund accounts (1) Election (A) In general A registered open-end investment company and a transfer agent described in paragraph (2) may elect to comply with the requirements under paragraph (2) and subsection (i) by notifying the Commission of that election. (B) Effect of election Paragraph (2) and subsection (i) shall only apply to a registered open-end investment company and a transfer agent that have made an election under subparagraph (A). (2) Requirements In the case of a customer who is a holder of a non-institutional account held directly with a registered open-end investment company and serviced by a transfer agent (commonly known as a direct-at-fund account (A) request from that customer the name and contact information of at least 1 individual who— (i) is, at the time of that request, an adult; and (ii) may be contacted with respect to that account; (B) document and retain the information received under subparagraph (A); and (C) disclose to that customer in writing (including through electronic delivery) that such company or transfer agent may contact an individual specified under subparagraph (A) with respect to the account of that customer to— (i) address possible financial exploitation of that customer; (ii) confirm the contact information or health status of that customer; or (iii) identify any legal guardian, executor, trustee, or holder of a power of attorney with respect to the customer. (i) Redemption of certain securities postponed (1) In general Notwithstanding subsection (e), a registered open-end investment company or a transfer agent acting on behalf of such a company may postpone the date of payment or satisfaction upon redemption of any redeemable security in accordance with its terms for more than seven days after the tender of such security to such company or its agent designated for that purpose for redemption if such company or agent reasonably believes that— (A) that redemption is requested by a security holder who is a specified adult; and (B) financial exploitation has occurred, is occurring, or has been attempted with respect to that redemption. (2) Duration (A) In general Except as provided in subparagraphs (B) and (C), a registered open-end investment company or a transfer agent acting on behalf of such company may postpone the date of payment or satisfaction upon redemption of a redeemable security under paragraph (1) for a period of not more than 15 business days. (B) Extension upon determination of exploitation The period described in subparagraph (A) may be extended by an additional 10 business days if the registered open-end investment company or a transfer agent acting on behalf of such a company— (i) reasonably believes that— (I) the redemption is requested by a security holder who is a specified adult; and (II) financial exploitation has occurred, is occurring, or has been attempted with respect to such redemption; (ii) subject to subparagraph (D), not later than 2 days after making a determination under clause (i), notifies the individuals specified by that security holder under subsection (h)(2)(A) in writing (including through electronic delivery) of the extension of the period described in subparagraph (A) under this subparagraph and the reason for that extension; (iii) initiates an internal review of the facts and circumstances relating to the determination under clause (i); (iv) holds amounts relating to the delayed payment or satisfaction upon redemption of the redeemable security in a demand deposit account; and (v) documents and retains records related to carrying out clause (iv) and includes those records in the first required account statement of the security holder provided after the date on which the determination is made under clause (i). (C) Extension by government A State regulator, administrative agency of competent jurisdiction, or court of competent jurisdiction may extend the period described in subparagraph (A). (D) Notification (i) Exception Subparagraph (B)(ii) shall not apply if a registered open-end investment company or transfer agent acting on behalf of such a company reasonably believes that an individual required to be notified under that subparagraph is, has been, or will subject the security holder who identified that individual under subsection (h)(2)(A) to financial exploitation. (ii) Reasonable efforts An open-end investment company or transfer agent acting on behalf of such a company shall be considered in compliance with subparagraph (B)(ii) if that company or transfer agent makes a reasonable effort to contact the individuals specified by a security holder under subsection (h)(2)(A). (E) Internal procedures An open-end investment company or transfer agent acting on behalf of such a company shall establish procedures to carry out the requirements under this subsection, including procedures— (i) relating to the identification and reporting of matters relating to the financial exploitation of specified adults; (ii) to determine whether to release or reinvest delayed redemption proceeds, taking into account the facts and circumstances of each case, should the internal review under subparagraph (B)(iii) support the reasonable belief described in subparagraph (B)(i); (iii) identifying each employee of the company or transfer agent with authority to establish, extend, or terminate a period described in paragraph (1) or subparagraph (A); (iv) in the case of a transfer agent, that are reasonably designed to ensure that the employees of the transfer agent comply with this subsection; and (v) in the case of an open-end investment company, establishing periodic reporting requirements under which a transfer agent acting on behalf of the company shall notify the company of— (I) each extension under subparagraph (B) authorized by the transfer agent; (II) each finding by the transfer agent under subparagraph (B)(i); (III) each notification under subparagraph (B)(ii) carried out by the transfer agent; and (IV) the results of each internal review initiated by the transfer agent under subparagraph (B)(iii). (F) Information included in certain statements An open-end investment company shall include in each prospectus or statement of additional information a notification that the company or a transfer agent acting on behalf of the company may postpone redemption of certain securities under this subsection. (G) Record retention An open-end investment company or transfer agent acting on behalf of such a company shall— (i) document and retain records of— (I) each postponement of redemption under subparagraphs (A), (B), and (C); (II) each finding under subparagraph (B)(i); (III) the name and position of each employee described in subparagraph (E)(iii); (IV) each notification carried out under subparagraph (B)(ii); and (V) the results of each internal review initiated under subparagraph (B)(iii); and (ii) make the records described in clause (i) available to the Commission at the request of the Commission. (3) Specified adult defined In this subsection, the term specified adult (A) is not younger than 65 years of age; or (B) is not younger than 18 years of age and who a registered open-end investment company or a transfer agent acting on behalf of such a company reasonably believes has a mental or physical impairment that renders the individual unable to protect the interests of the individual. . (b) Recommendations (1) In general Not later than 1 year after the date of enactment of this Act, the Securities and Exchange Commission, in consultation with the entities specified in paragraph (2), shall submit to Congress a report that includes recommendations regarding the regulatory and legislative changes necessary to address the financial exploitation of security holders who are specified adults (as defined in subsection (i)(3) of section 22 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–22 (2) Consultation The entities specified in this paragraph are as follows: (A) The Commodity Futures Trading Commission. (B) The Director of the Bureau of Consumer Financial Protection. (C) The Financial Industry Regulatory Authority. (D) The North American Securities Administrators Association. (E) The Board of Governors of the Federal Reserve System. (F) The Comptroller of the Currency. (G) The Federal Deposit Insurance Corporation.

Financial Exploitation Prevention Act of 2023

Food Date Labeling Act of 2023 This bill establishes requirements for the format of quality date and discard date labels on food packaging. Specifically, the bill requires the quality date on a food label (i.e., the date after which the quality of the item may deteriorate) to include the phrase BEST If Used By or the abbreviation BB. Similarly, the discard date on a food label (i.e., the date after which the item should not be consumed) must include the phrase USE By or the abbreviation UB. Abbreviations may only be used if the full phrase does not fit on the label. The Department of Health and Human Services and Department of Agriculture may specify alternative phrases through regulations.

118 S1484 IS: Food Date Labeling Act of 2023 U.S. Senate 2023-05-09 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. 1484 IN THE SENATE OF THE UNITED STATES May 9, 2023 Mr. Blumenthal Committee on Health, Education, Labor, and Pensions A BILL To establish requirements for quality and discard dates that are voluntarily declared on the food label. 1. Short title This Act may be cited as the Food Date Labeling Act of 2023 2. Definitions In this Act: (1) Administering Secretaries The term administering Secretaries (A) the Secretary of Agriculture, with respect to any product that is— (i) under the jurisdiction of the Secretary of Agriculture; and (ii) (I) a poultry product (as defined in section 4 of the Poultry Products Inspection Act ( 21 U.S.C. 453 (II) a meat food product (as defined in section 1 of the Federal Meat Inspection Act ( 21 U.S.C. 601 (III) an egg product (as defined in section 4 of the Egg Products Inspection Act ( 21 U.S.C. 1033 (B) the Secretary of Health and Human Services, with respect to any product that is— (i) under the jurisdiction of the Secretary of Health and Human Services; and (ii) a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 (2) Discard date The term discard date (3) Quality date The term quality date (A) the quality of the product may begin to deteriorate; but (B) the product remains apparently wholesome food (as defined in subsection (b) of the Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791(b) 3. Quality dates and discard dates (a) Quality dates (1) In general If a quality date is used on a food label, such quality date shall be immediately proceeded by the uniform quality date label phrase under paragraph (2). (2) Uniform phrase The uniform quality date label phrase under this paragraph shall be BEST If Used By BB (3) Option of the entity responsible for the food label The decisions of whether to include a quality date on food packaging and which foods should be so labeled shall be at the discretion of the entity responsible for the food label. (b) Discard dates (1) In general If a discard date is used on a food label, such discard date shall be immediately proceeded by the uniform discard date label phrase under paragraph (2). (2) Uniform phrase The uniform discard date label phrase under this paragraph shall be USE By UB (3) Option of the entity responsible for the food label The decisions of whether to include a discard date on food packaging and which foods should be so labeled shall be at the discretion of the entity responsible for the food label. (c) Quality date and discard date labeling (1) In general The quality date or discard date, as applicable, and immediately adjacent uniform quality date label phrase or discard date label phrase shall be— (A) in single easy-to-read type style; and (B) located in a conspicuous place on the food label or elsewhere on the package. (2) Date format Each quality date and discard date shall be stated in terms of month and year or, as appropriate, month, day, and year. (3) Abbreviations A standard abbreviation of BB UB (4) Freeze by A food labeler may add or freeze by (d) Education Not later than 1 year after the date of enactment of this Act, the administering Secretaries, acting in coordination, shall provide consumer education and outreach on the meaning of quality dates and discard dates on food labels. (e) Effect; preemption (1) Effect on sale or donation of foods Nothing in this Act or an amendment made by this Act prohibits any State or political subdivision of a State from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the discard date. (2) Effect on infant formula Nothing in this Act or an amendment made by this Act— (A) applies with respect to infant formula (as defined in section 201(z) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(z) (B) affects the requirements relating to infant formula under section 412 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350a (3) Preemption No State or political subdivision of a State may establish or continue in effect any requirement that— (A) relates to the inclusion in food labeling of a quality date or a discard date that is different from or in addition to, or that is otherwise not identical with, the requirements of this Act and the amendments made by this Act; or (B) prohibits the sale or donation of foods based on passage of the quality date. (4) Enforcement The administering Secretaries, acting in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform discard date label phrase are standardized across all food products. (5) Savings Notwithstanding paragraph (3), nothing in this Act, any amendment made by this Act, or any standard or requirement imposed pursuant to this Act preempts, displaces, or supplants any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including a remedy for civil damage, or a penalty for criminal conduct. (f) Time temperature indicator labels Nothing in this Act or an amendment made by this Act prohibits or restricts the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2). 4. Misbranding (a) FDA violations Section 403 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 343 (z) If the label bears a quality date or discard date that fails to comply with the requirements as specified in sections 3(a) and 3(b) of the Food Date Labeling Act of 2023 . (b) Poultry products Section 4(h) of the Poultry Products Inspection Act ( 21 U.S.C. 453(h) (1) in paragraph (11), by striking or (2) in paragraph (12), by striking the period at the end and inserting ; or (3) by adding at the end the following: (13) if its labeling is in violation of section 3 of the Food Date Labeling Act of 2023 . (c) Meat products Section 1(n) of the Federal Meat Inspection Act ( 21 U.S.C. 601(n) (1) in paragraph (11), by striking or (2) in paragraph (12), by striking the period at the end and inserting ; or (3) by adding at the end the following: (13) if its labeling is in violation of section 3 of the Food Date Labeling Act of 2023 . (d) Egg products Section 7(b) of the Egg Products Inspection Act ( 21 U.S.C. 1036(b) or if its labeling is in violation of section 3 of the Food Date Labeling Act of 2023 5. Delayed applicability This Act and the amendments made by this Act shall apply only with respect to food products that are labeled on or after the date that is 2 years after the date of enactment of this Act.

Food Date Labeling Act of 2023

Presidential Conflicts of Interest Act of 2023 This bill addresses financial conflicts of interest of the President and Vice President and related ethics matters. Specifically, the President and Vice President, not later than 30 days after assuming office, must submit to Congress and the Office of Government Ethics (OGE) a disclosure of financial interests. Such disclosure must include the tax returns filed by or on behalf of the President and Vice President for the three most recent taxable years and each taxable year for which an audit is pending on the date the report is filed. The President, the Vice President, the spouse of either, and any minor child of either shall divest of any financial interest posing a potential conflict of interest. The OGE must submit to Congress, the President, and the Vice President an annual report regarding the financial interests of the President, the Vice President, the spouse of either, and any minor child of either. The Department of Justice, the attorney general's office of any state, or any person aggrieved by a violation of divestiture requirements may seek declaratory or injunctive relief if the OGE is unable to issue a report indicating whether the President or Vice President is in substantial compliance or if there is probable cause to believe that either has not complied. The bill sets forth provisions regarding (1) recusal of presidential appointees when the President is a party to a matter, (2) contracts by the President or Vice President, and (3) disclosure of tax returns of Presidents and candidates for President.

118 S1486 IS: Presidential Conflicts of Interest Act of 2023 U.S. Senate 2023-05-09 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. 1486 IN THE SENATE OF THE UNITED STATES May 9, 2023 Ms. Warren Mr. Murphy Ms. Stabenow Mrs. Feinstein Mr. Casey Mr. Markey Mr. Van Hollen Mr. Blumenthal Ms. Duckworth Mr. Merkley Mr. Brown Mr. Booker Mr. Bennet Mrs. Murray Mr. Wyden Mr. Cardin Ms. Hirono Mr. Padilla Mr. Coons Ms. Klobuchar Mr. Luján Mrs. Gillibrand Ms. Smith Committee on Homeland Security and Governmental Affairs A BILL To address financial conflicts of interest of the President and Vice President. 1. Short title This Act may be cited as the Presidential Conflicts of Interest Act of 2023 2. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest (a) Definitions (1) In general In this section— (A) the term conflict-free holding (i) is diversified (as defined in section 2640.102 of title 5, Code of Federal Regulations, as in effect on the date of enactment of this Act); and (ii) is— (I) publicly traded; (II) registered as a management company under the Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. (III) a unit investment trust (as defined in section 4 of the Investment Company Act of 1940 15 U.S.C. 80a–4 section 851 (B) the term financial interest posing a potential conflict of interest (i) would constitute a financial interest described in subsection (a) of section 208 of title 18, United States Code— (I) if— (aa) for purposes of such section 208, the terms officer employee (bb) the President or Vice President, as applicable, participated in a particular matter affecting such financial interest; and (II) determined without regard to any exception under subsection (b)(1) of such section 208; or (ii) constitutes a present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state (including from an entity owned or controlled by a foreign government), within the meaning of article I, section 9 of the Constitution of the United States; (C) the term qualified blind trust (D) the term tax return (i) means any Federal income tax return and any amendment or supplement thereto, including supporting schedules, attachments, or lists which are supplemental to, or part of, the return for the taxable year; and (ii) includes any information return that reports information that does or may affect the liability for tax for the taxable year. (2) Applicability of Ethics in Government requirements For purposes of the definition of qualified blind trust supervising ethics officer (b) Initial financial disclosure (1) Submission of disclosure (A) In general Not later than 30 days after assuming the office of President or Vice President, respectively, the President and Vice President shall submit to Congress and the Director of the Office of Government Ethics a disclosure of financial interests. (B) Application to sitting President and Vice President For any individual who is serving as the President or Vice President on the date of enactment of this Act, the disclosure of financial interests shall be submitted to Congress and the Director of the Office of Government Ethics not later than 30 days after the date of enactment of this Act. (2) Contents (A) President The disclosure of financial interests submitted under paragraph (1) by the President shall— (i) describe in detail each financial interest of the President, the spouse of the President, or a minor child of the President that is required to be disclosed under regulations of the Office of Government Ethics in addition to the financial interests required to be disclosed under section 13104 of title 5, United States Code; and (ii) include the tax returns filed by or on behalf of the President for— (I) the 3 most recent taxable years; and (II) each taxable year for which an audit of the return by the Internal Revenue Service is pending on the date the report is filed. (B) Vice President The disclosure of financial interests submitted under paragraph (1) by the Vice President shall— (i) describe in detail each financial interest of the Vice President, the spouse of the Vice President, or a minor child of the Vice President that is required to be disclosed under regulations of the Office of Government Ethics in addition to the financial interests required to be disclosed under section 13104 of title 5, United States Code; and (ii) include the tax returns filed by or on behalf of the Vice President for— (I) the 3 most recent taxable years; and (II) each taxable year for which an audit of the return by the Internal Revenue Service is pending on the date the report is filed. (c) Divestiture of financial interests posing a potential conflict of interest (1) In general The President, the Vice President, the spouse of the President or Vice President, and any minor child of the President or Vice President shall divest of any financial interest posing a potential conflict of interest by— (A) converting each such interest to cash or another investment that meets the criteria established by the Director of the Office of Government Ethics through regulation as being an interest so remote or inconsequential as not to pose a conflict; or (B) transferring such interest to a qualified blind trust. (2) Trustee duties Within a reasonable period of time after the date a financial interest is transferred to a qualified blind trust under paragraph (1)(B), the trustee of the qualified blind trust shall— (A) sell the financial interest; and (B) use the proceeds of the sale of the financial interest to purchase conflict-free holdings. (3) Regulations Not later than 120 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall promulgate regulations to define the criteria described in paragraph (1)(A). (d) Review by Office of Government Ethics (1) In general The Director of the Office of Government Ethics shall submit to Congress, the President, and the Vice President an annual report regarding the financial interests of the President, the Vice President, the spouse of the President or Vice President, and any minor child of the President or Vice President. (2) Contents Each report submitted under paragraph (1) shall— (A) indicate whether any financial interest of the President, the Vice President, the spouse of the President or Vice President, or a minor child of the President or Vice President is a financial interest posing a potential conflict of interest; (B) evaluate whether any previously held financial interest of the President, the Vice President, the spouse of the President or Vice President, or a minor child of the President or Vice President that was a financial interest posing a potential conflict of interest was divested in accordance with subsection (c); and (C) redact such information as the Director of the Office of Government Ethics determines necessary for preventing identity theft, such as social security numbers or taxpayer identification numbers. (3) Trustee responsibility If the President, the Vice President, the spouse of the President or Vice President, or any minor child of the President or Vice President transfers 1 or more interests to a qualified blind trust under subsection (c)(1)(B), the trustee for the qualified blind trust shall assist the Director in complying with paragraph (2)(B) of this subsection by notifying the Director of the Office of Government Ethics when all initial property of the qualified blind trust has been sold and furnishing such other information as the Director may require. (e) Enforcement (1) In general The Attorney General, the attorney general of any State, or any person aggrieved by any violation of subsection (c) may seek declaratory or injunctive relief in a court of competent jurisdiction if— (A) the Director of the Office of Government Ethics is unable to issue a report indicating whether the President or the Vice President is in substantial compliance with subsection (c); or (B) there is probable cause to believe that the President or the Vice President has not complied with subsection (c). (2) Fair market value In granting injunctive relief to the plaintiff, the court shall ensure that any divestment procedure is reasonably calculated to ensure the fair market return for any asset that is liquidated. 3. Recusal of appointees Section 208 of title 18, United States Code, is amended by adding at the end the following: (e) (1) Any officer or employee appointed by the President shall recuse himself or herself from any particular matter involving specific parties in which a party to that matter is— (A) the President who appointed the officer or employee, which shall include any entity in which the President has a substantial interest; or (B) the spouse of the President who appointed the officer or employee, which shall include any entity in which the spouse of the President has a substantial interest. (2) (A) Subject to subparagraph (B), if an officer or employee is recused under paragraph (1), a career appointee in the agency of the officer or employee shall perform the functions and duties of the officer or employee with respect to the matter. (B) (i) In this subparagraph, the term Commission (ii) If the recusal of a member of a Commission from a matter under paragraph (1) would result in there not being a statutorily required quorum of members of the Commission available to participate in the matter, notwithstanding such statute or any other provision of law, the members of the Commission not recused under paragraph (1) may— (I) consider the matter without regard to the quorum requirement under such statute; (II) delegate the authorities and responsibilities of the Commission with respect to the matter to a subcommittee of the Commission; or (III) designate an officer or employee of the Commission who was not appointed by the President who appointed the member of the Commission recused from the matter to exercise the authorities and duties of the recused member with respect to the matter. (3) Any officer or employee who knowingly and willfully violates paragraph (1) shall be subject to the penalties set forth in section 216. (4) For purposes of this section, the term particular matter . 4. Contracts by the President or Vice President (a) Amendment Section 431 of title 18, United States Code, is amended— (1) in the section heading, by inserting the President, Vice President, or a Contracts by (2) in the first undesignated paragraph, by inserting the President or Vice President, Whoever, being (b) Table of sections amendment The table of sections for chapter 23 431. Contracts by the President, Vice President, or a Member of Congress. . 5. Presidential tax transparency (a) Disclosure requirement (1) in general Chapter 131 (A) by inserting after section 13104 the following: 13104A. Disclosure of tax returns (a) Definitions In this section— (1) the term covered candidate (A) required to file a report under section 13103(c); and (B) who is nominated by a major party as a candidate for the office of President; and (2) the term covered individual (A) a President required to file a report under subsection (a) or (d) of section 13103; and (B) an individual who occupies the office of the President required to file a report under section 13103(e); (3) the term income tax return section 6103(b) (A) information returns issued to persons other than such covered candidate or covered individual, and (B) declarations of estimated tax; and (4) 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 13104, a covered individual shall include in each report required to be filed under this subchapter a copy of the income tax returns of the covered individual for the 3 most recent taxable years for which a return have 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 13104. (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) 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 13103(c) with the Federal Election Commission to include a copy of the income tax returns of the covered candidate 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 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 income tax return. (C) Publicly available Each 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 13104(b). (D) Redaction of certain information Before making any 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 for sitting Presidents Not later than 30 days after the date of enactment of this section, the President shall submit to the Director of the Office of Government Ethics a copy of the income tax returns described in paragraph (1)(A). ; and (B) in section 13106— (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 income tax return that such individual is required to disclose pursuant to section 13104A (II) in paragraph (2)(A)— (aa) in clause (i), by inserting or falsify any income tax return that such person is required to disclose under section 13104A (bb) in clause (ii), by inserting or fail to file any income tax return that such person is required to disclosed under section 13104A (ii) in subsection (b), in the first sentence by inserting or willfully failed to file or has willfully falsified an income tax return required to be disclosed under section 13104A (iii) in subsection (c), by inserting or failing to file or falsifying an income tax return required to be disclosed under section 13104A (iv) in subsection (d)(1)— (I) in the matter preceding subparagraph (A), by inserting or files an income tax return required to be disclosed under section 13104A subchapter (II) in subparagraph (A), by inserting or such income tax return, as applicable, report (2) Conforming amendment The table of sections for chapter 131 section 13104 13104A. Disclosure of tax returns. . (b) Authority To disclose information (1) In general Section 6103(l) (23) Disclosure of return information of Presidents and certain presidential candidates (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 13104A(b)(1)(B) of title 5, United States Code, provide to officers and employees of the Office of Government Ethics a copy of any income tax return of the President which is required to be filed under section 13104A of such title. (ii) Disclosure to public The Director of the Office of Government Ethics may disclose to the public the income tax return of any President which is required to be filed with the Director pursuant to section 13104A of title 5, United States Code. (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 13104A(b)(2)(B) of title 5, United States Code, provide to officers and employees of the Federal Election Commission copies of the applicable returns of any person who has been nominated as a candidate of a major party (as defined in section 9002(a)) for the office of President. (ii) Disclosure to public The Federal Election Commission may disclose to the public applicable returns of any person who has been nominated as a candidate of a major party (as defined in section 9002(6)) for the office of President and which is required to be filed with the Commission pursuant to section 13104A of title 5, United States Code. (C) Applicable returns For purposes of this paragraph, the term applicable returns . (2) Conforming amendments Section 6103(p)(4) of such Code, in the matter preceding subparagraph (A) and in subparagraph (F)(ii), is amended by striking or (22) (22), or (23) 6. Sense of Congress regarding violations It is the sense of Congress that a violation of section 2 of this Act or chapter 131 7. Rule of construction Nothing in this Act or an amendment made by this Act shall be construed to violate the Constitution of the United States. 8. Severability If any provision of this Act or any amendment made by this Act, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.

Presidential Conflicts of Interest Act of 2023

Protecting Election Administration from Interference Act of 2023 This bill revises preservation and retention requirements for federal election records. It also revises criminal penalties related to election records and the voting process. Under current law, election officials must, for a period of 22 months from the federal election, retain and preserve all election-related records and papers. This bill extends the requirement to electronic records and electronic equipment. Next, the bill directs the Cybersecurity and Infrastructure Security Agency to issue minimum standards and best practices for retaining and preserving records (including electronic records), papers, and electronic equipment, including protocols for observing their preservation, security, and transfer by the Department of Justice (DOJ) and a representative of each political party. In addition, the bill revises the federal criminal offense related to election records or papers to include reckless disregard of election record requirements resulting in the theft, destruction, concealment, mutilation, or alteration of a record, paper, or electronic equipment. Further, the bill allows DOJ to demand electronic records and electronic equipment be made available for inspection and generally prohibits DOJ from disclosing this information. The bill allows DOJ and candidates for federal office to bring an action in a district court to compel compliance with election record requirements. Finally, the bill extends criminal penalties related to voting interference to include intimidating, threatening, or coercing (or attempting to do so) an individual for processing or scanning ballots, tabulating, canvassing, or certifying voting results.

118 S1487 IS: Protecting Election Administration from Interference Act of 2023 U.S. Senate 2023-05-09 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. 1487 IN THE SENATE OF THE UNITED STATES May 9, 2023 Ms. Klobuchar Mr. Brown Mr. Merkley Mr. Padilla Mr. Sanders Ms. Smith Mr. Warner Mr. Welch Mr. Whitehouse Committee on Rules and Administration A BILL To enhance protections for election records. 1. Short title This Act may be cited as the Protecting Election Administration from Interference Act of 2023 2. Enhancement of protections for election records, papers, and equipment (a) Preservation of records, paper, and equipment Section 301 of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 (1) by striking Every officer (a) In general Every officer ; (2) by striking records and papers records (including electronic records), papers, and election equipment (3) by striking “record or paper” and inserting “record (including electronic record), paper, or election equipment”; (4) by inserting (but only under the direct administrative supervision of an election officer). Notwithstanding any other provision of this section, the paper record of a voter’s cast ballot shall remain the official record of the cast ballot for purposes of this title upon such custodian (5) by inserting , or acts in reckless disregard of, fails to comply with (6) by inserting after subsection (a) the following: (b) Election equipment The requirement in subsection (a) to preserve election equipment shall not be construed to prevent the reuse of such equipment in any election that takes place within twenty-two months of a Federal election described in subsection (a), provided that all electronic records, files, and data from such equipment related to such Federal election are retained and preserved. (c) Guidance Not later than 1 year after the date of the enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Election Assistance Commission and the Attorney General, shall issue guidance regarding compliance with subsections (a) and (b), including minimum standards and best practices for retaining and preserving records (including electronic records), papers, and election equipment in compliance with subsections (a) and (b). Such guidance shall also include protocols for enabling the observation of the preservation, security, and transfer of records (including electronic records), papers, and election equipment described in subsection (a) by the Attorney General and by a representative of each party, as defined by the Attorney General. . (b) Penalty Section 302 of the Civil Rights Act of 1960 ( 52 U.S.C. 20702 (1) by inserting , or whose reckless disregard of section 301 results in the theft, destruction, concealment, mutilation, or alteration of, or alters (2) by striking record or paper record (including electronic record), paper, or election equipment (c) Inspection, reproduction, and copying Section 303 of the Civil Rights Act of 1960 ( 52 U.S.C. 20703 record or paper (d) Nondisclosure Section 304 of the Civil Rights Act of 1960 ( 52 U.S.C. 20704 record or paper (e) Jurisdiction To compel production Section 305 of the Civil Rights Act of 1960 ( 52 U.S.C. 20705 record or paper 3. Judicial review for election records Title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. (1) by redesignating section 306 as section 307; and (2) by inserting after section 305 the following: 306. Judicial review to ensure compliance (a) Right of action The Attorney General, a representative of the Attorney General, or a candidate in a Federal election described in section 301 may bring an action in the district court of the United States for the judicial district in which a record (including electronic record), paper, or election equipment is located, or in the United States District Court for the District of Columbia, to compel compliance with the requirements of section 301. (b) Duty To expedite It shall be the duty of the court to advance on the docket, and to expedite to the greatest possible extent the disposition of, the action and appeal under this section. . 4. Criminal penalties for intimidation of tabulation, canvass, or certification efforts Section 12(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511(1) (1) in subparagraph (B), by striking or (2) by adding at the end the following: (D) processing or scanning ballots, or tabulating, canvassing, or certifying voting results; or .

Protecting Election Administration from Interference Act of 2023

TSP Fiduciary Security Act of 2023 This bill incorporates national security interests into management of the Thrift Savings Fund. Specifically, the bill requires fiduciaries that are responsible for managing the fund (i.e., the Federal Retirement Thrift Investment Board) to prevent fund investments and associated votes that harm the national security of the United States, including investments in entities on certain lists maintained by the Department of Defense and the Department of Commerce (e.g., Chinese military companies). The Department of Labor must issue implementing regulations that include these and other standards for compliance. Beginning January 1, 2025, fiduciaries may be held personally liable for monetary damages and may be assessed civil penalties for failing to meet these requirements.

118 S149 IS: TSP Fiduciary Security 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. 149 IN THE SENATE OF THE UNITED STATES January 30, 2023 Mr. Rubio Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes. 1. Short title This Act may be cited as the TSP Fiduciary Security Act of 2023 2. Findings Congress finds the following: (1) The Federal Retirement Thrift Investment Board has a fiduciary duty to manage the Thrift Savings Fund in the best interest of the beneficiaries of the Fund. (2) The principal beneficiaries of the Thrift Savings Fund are the civil servants of the United States, and members of the uniformed services, who are tasked with defending the national security of the United States. (3) The duty of the Federal Retirement Thrift Investment Board to manage the Thrift Savings Fund in the best interests of the beneficiaries of the Fund includes a duty not to harm the national security of the United States. 3. Fiduciary responsibilities with respect to Thrift Savings Fund Section 8477 of title 5, United States Code, is amended— (1) in subsection (b)(1)— (A) in subparagraph (B), by striking ; and (B) in subparagraph (C), by striking the period at the end and inserting ; and (C) by adding at the end the following: (D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States. ; and (2) in subsection (e), by adding at the end the following: (9) (A) Notwithstanding any other provision of this subsection, no fiduciary shall be personally liable for any monetary damages, or be assessed any civil penalty, under this subsection with respect to a breach of the requirement under subsection (b)(1)(D). (B) Subparagraph (A) shall cease to have effect beginning on January 1, 2025. . 4. Review of Thrift Savings Fund for compliance with fiduciary duties (a) In general Section 8477(f) of title 5, United States Code, is amended— (1) by inserting (1) (f) (2) by adding at the end the following: (2) (A) Not later than 1 year after the date of enactment of this paragraph, the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, shall prescribe regulations to carry out subsection (b)(1)(D) with respect to each of the following: (i) The investments of the Thrift Savings Fund, which shall include the establishment of standards by which compliance with subsection (b)(1)(D) with respect to the investments of the Thrift Savings Fund (or portions thereof) shall be determined. (ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). (B) The regulations prescribed under subparagraph (A)(ii) shall include— (i) the establishment of a process by which the exercise of voting rights described in subparagraph (A)(ii) shall be reviewed by the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, for compliance with subsection (b)(1)(D) with respect to the exercise of those rights; and (ii) the establishment of standards by which compliance with subsection (b)(1)(D) with respect to the exercise of voting rights described in subparagraph (A)(ii) shall be determined, including the factors contributing to a determination that a covered vote would not comply with subsection (b)(1)(D). (C) For the purposes of any regulation prescribed under subparagraph (A), the Secretary of Labor shall presume that— (i) an investment of the Thrift Savings Fund (or portions thereof) does not comply with subsection (b)(1)(D) if the investment invests in— (I) an entity included on— (aa) the list of Communist Chinese military companies maintained under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 50 U.S.C. 1701 (bb) the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; or (II) a parent, subsidiary, or affiliate of, or an entity controlled by, an entity described in subclause (I); and (ii) an exercise of voting rights associated with any investments of the Thrift Savings Fund (or portions thereof) does not comply with subsection (b)(1)(D) if that exercise of voting rights is a covered vote with respect to a proposal that would— (I) approve or ratify a transaction, including a transaction described in subparagraph (D)(ii)(I), that would cause, or would reasonably be expected to cause, an entity to which the covered vote applies to— (aa) breach any contract with the Federal Government to which the entity is a party, and under which the consideration provided to the entity over the course of the entire contract is more than $10,000,000, if the entity has otherwise complied with all applicable laws and regulations in fulfilling the responsibilities of the entity with respect to the contract; (bb) significantly reduce the production of, or the capital expenditure or research and development expenditure with respect to, any— (AA) industrial resources, critical technology items, or materials that are essential to the national defense (as those terms are defined in section 702 of the Defense Production Act of 1950 ( 50 U.S.C. 4552 (BB) emerging and foundational technology identified by the President under section 1758 of the Export Controls Act of 2018 ( 50 U.S.C. 4817 (cc) outsource or substantially sell, whether to any affiliated entity or joint venture, or by contract, to any entity located in a covered country, any— (AA) industrial resources, critical technology items, or materials that are essential to the national defense (as those terms are defined in section 702 of the Defense Production Act of 1950 ( 50 U.S.C. 4552 (BB) emerging and foundational technology identified by the President under section 1758 of the Export Controls Act of 2018 ( 50 U.S.C. 4817 (II) elect to the board of directors of any entity an individual who— (aa) is a director, officer, employee, or affiliate of any entity described in clause (i)(I); (bb) at any time during the 5-year period preceding the date on which that election occurs, was as described in item (aa); or (cc) a reasonable investor would believe supports any proposal described in subclause (I). (D) In this paragraph— (i) the term covered country (I) the People’s Republic of China, the Russian Federation, North Korea, Iran, Syria, Sudan, Venezuela, or Cuba; (II) any country, the government of which the Secretary of State determines has provided support for international terrorism pursuant to— (aa) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A) (bb) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 (cc) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 (dd) any other provision of law; or (III) any other country that the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, designates as posing an undue or unnecessary risk to the national security of the United States; and (ii) the term covered vote (I) approve or ratify a transaction involving an entity, including— (aa) any sale of, or other disposition of (whether in a single or a series of transactions) assets or capital stock; and (bb) any merger, consolidation, joint venture, partnership, spin-off, reverse spin-off, dissolution, restructuring, recapitalization, liquidation, or any other business combination or strategic transaction; or (II) elect an individual to the board of directors of the entity that is the subject of the proposal. . (b) Review of exercise of voting rights; report to Congress Section 8438 of title 5, United States Code, is amended— (1) in subsection (f)— (A) by inserting (1) (f) (B) by adding at the end the following: (2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund. ; and (2) by adding at the end the following: (i) Not later than 2 years after the date of enactment of this subsection, and annually thereafter, the Secretary of Labor shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report regarding— (1) for the year covered by the report, the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, that have been reviewed for compliance with section 8477(b)(1)(D); and (2) the outcome with respect to enforcement of each review conducted under paragraph (1) and a justification for that outcome. .

TSP Fiduciary Security Act of 2023

Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2023 This bill provides for the settlement of claims by the Prairie Band Potawatomi Nation relating to the Shab-eh-nay Band Reservation in northern Illinois. The reservation consists of 1,280 acres and, due to a sale in 1849, is currently occupied by the tribe and nontribe entities, including the State of Illinois, the Dekalb County government, and corporate entities. In particular, the bill recognizes the tribe's ownership of 129 acres of land within the reservation. Further, the bill extinguishes the tribe's title to the remainder of the reservation. Subject to appropriations, the bill requires the Department of the Interior to pay the tribe a specified amount as settlement of the tribe's claims for the tribe to promote economic development and land acquisition. The tribe may use these settlement funds to acquire up to 1,151 acres of land within or near the reservation. The bill authorizes the tribe to enter into agreements with the State of Illinois and local governments. It requires land that is located within the boundaries of the reservation and owned by state and local governments to be managed to protect any human or cultural remains.

79 S1492 IS: Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2023 U.S. Senate 2023-05-09 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. 1492 IN THE SENATE OF THE UNITED STATES May 9, 2023 Mr. Moran Mr. Marshall Committee on Indian Affairs A BILL To provide for the settlement of claims relating to the Shab-eh-nay Band Reservation in Illinois, and for other purposes. 1. Short title This Act may be cited as the Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2023 2. Findings; purposes (a) Findings Congress finds that— (1) pursuant to the Treaty of July 29, 1829, made and concluded at Prairie du Chien (7 Stat. 320) (commonly known as the Second Treaty of Prairie du Chien (2) (A) pursuant to the Treaty of September 26, 1833, made at Chicago (7 Stat. 431) (commonly known as the Treaty of Chicago (B) the Senate rejected the provision that ceded that reservation, with the effect of affirming the Indian-held title and boundaries of the Shab-eh-nay Band Reservation; (3) (A) in 1849, while Chief Shab-eh-nay was visiting his relatives in Kansas, the Commissioner of the General Land Office of the United States sold the Shab-eh-nay Band Reservation at public auction to non-Indians who erroneously believed that they had acquired good title to the land on which the Shab-eh-nay Band Reservation is located; and (B) the Shab-eh-nay Band Reservation is illegally occupied as of the date of enactment of this Act; (4) the Shab-eh-nay Band Reservation continues to exist; (5) (A) there is no evidence that Chief Shab-eh-nay and his Band abandoned the Shab-eh-nay Band Reservation; but (B) even if Chief Shab-eh-nay and his band did abandon the Shab-eh-nay Band Reservation, that abandonment could not be the basis for extinguishing the treaty-recognized Indian title to the Reservation; (6) the Shab-eh-nay Band held recognized title to the Shab-eh-nay Band Reservation; (7) Congress has never acted by treaty or statute to extinguish the recognized Indian title to the Shab-eh-nay Band Reservation; (8) the Tribe is the successor in interest to Chief Shab-eh-nay and his Band and the rightful owner and occupant of the Shab-eh-nay Band Reservation; (9) the United States continues to bear a trust responsibility to the Tribe for the Shab-eh-nay Band Reservation; (10) the Tribe pursued a claim against the United States under the Act of August 13, 1946 ( Public Law 79–726 Indian Claims Commission Act (11) the Federal Government, through the actions of the General Land Office, has deprived the Tribe of the right of exclusive use and occupancy of the Shab-eh-nay Band Reservation without legal authorization or just compensation; (12) certain non-Indian individuals, entities, and local governments occupying land within the boundaries of the Shab-eh-nay Band Reservation as of the date of enactment of this Act, including the State and the County— (A) acquired ownership interests to the land in good faith; and (B) should be able to possess clear title to the land; and (13) the United States has a moral and legal responsibility— (A) to help secure a fair and equitable settlement of past inequities to the Tribe; and (B) to ensure protection of the ownership interests of non-Indian occupants of the Shab-eh-nay Band Reservation. (b) Purposes The purposes of this Act are— (1) to acknowledge the unlawful sale by the Federal Government of the valuable right held by the Tribe to the exclusive use and occupancy of the Shab-eh-nay Band Reservation; (2) to reaffirm Federal recognition of the ownership by the Tribe of, and jurisdiction over, land that the Tribe owns within the Shab-eh-nay Band Reservation; (3) to promote the economic self-sufficiency of the Tribe and the members of the Tribe; (4) to extinguish the Indian title to, and confirm the ownership by the State, the County, and certain individuals and entities of, certain land within the boundaries of the Shab-eh-nay Band Reservation; (5) to provide stability and security to the State and residents of the State, the local governments and the areas over which the local governments exercise jurisdiction, and businesses regarding the ownership and use by the Tribe of the Reaffirmed Reservation; (6) to extinguish potential claims by the Tribe against the United States, the State, the local governments, and private individuals and entities that could be a direct consequence of not reaching a settlement with the Tribe; (7) to require the Secretary to preserve and protect, but not manage, the Reaffirmed Reservation in furtherance of the trust responsibility of the Federal Government; and (8) to authorize the Secretary— (A) to execute the waiver and release of claims and compensate the Tribe; and (B) to take any other action necessary to carry out this Act. 3. Definitions In this Act: (1) County The term County (2) Local government The term local government (3) Reaffirmed reservation The term Reaffirmed Reservation (A) the Reservation; and (B) any land located within the Replacement Area that is held in trust after being taken into trust by the Secretary for the benefit of the Tribe pursuant to section 4(b). (4) Replacement area The term Replacement Area (A) On the north by Interstate 88. (B) On the west by Interstate 39. (C) On the south by State Route 30 and Preserve Road. (D) On the east by South 4th Street and State Route 23. (5) Repurchased Lands The term Repurchased Lands (6) Reservation The term Reservation (A) reserved in the Treaty of July 29, 1829, made and concluded at Prairie du Chien (7 Stat. 320) (commonly known as the Second Treaty of Prairie du Chien Treaty of Chicago (B) described as follows: sec. 23, the W 1/2 1/2 (7) Secretary The term Secretary (8) State The term State (9) Tribe The term Tribe 4. Reaffirmation of Shab-eh-nay band reservation (a) Reaffirmation of reservation status The Repurchased Lands is reaffirmed as Indian country (as defined in section 1151 of title 18, United States Code). (b) Transfer of lands into trust Not later than 180 days after the date of enactment of this Act, if the Tribe transfers title to any or all of the Repurchased Lands to the United States, the Secretary, not later than 180 days after the date of that transfer, shall take the transferred land into trust for the benefit of the Tribe. (c) Administration The Repurchased Lands transferred and taken into trust under subsection (b) shall be part of the Reaffirmed Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. 5. Extinguishment of Indian title; confirmation of land ownership (a) Extinguishment of Indian title The title to all land within the exterior boundaries of the Reservation held by the Tribe on the date of enactment of this Act, except for the Repurchased Lands, is extinguished. (b) Confirmation of land ownership Title to land and interests in land within the exterior boundaries of the Reservation held by the State, the local governments, or any individual or entity on November 5, 1849, is recognized and confirmed. 6. Waiver and release of claims (a) Claims against United States, state, local governments, and other parties The Tribe and the Secretary shall execute appropriate documents providing for the relinquishment by the Tribe of all claims against— (1) the United States for a breach of the trust responsibility associated with any sale of any portion of the Reservation; and (2) the State, local governments, and any other individual or entity occupying the Reservation for any trespass and related damages in connection with the occupation and use of the Reservation during the period beginning on November 5, 1849, and ending on the effective date described in subsection (b). (b) Effective date The relinquishment of claims under subsection (a) shall take effect on the later of— (1) the date on which the Tribe receives payment of all of the settlement funds under section 7; and (2) the date on which the Secretary publishes in the Federal Register a notice that the documents described in subsection (a) have been executed by the Secretary and the Tribe. 7. Settlement funds Subject to the appropriation of funds, the Secretary shall pay to the Tribe $50,000,000 over 5 years in full settlement of the claims of the Tribe, to be managed, invested, and used by the Tribe to promote economic development and land acquisition, as determined by the Tribe in accordance with the constitution and laws of the Tribe. 8. Land acquisition; tribal authority to enter into agreements; no use of condemnation or eminent domain (a) Land acquisition (1) In general After the date of enactment of this Act, the Tribe may acquire from 1 or more willing sellers not more than a total of 1,151 acres of land within the exterior boundaries of or abutting the Reservation or within the exterior boundaries of the Replacement Area using the settlement funds received by the Tribe under section 7 or other funds of the Tribe. (2) Transfer of additional lands into trust At the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe any land acquired under paragraph (1) not later than 180 days after the date on which the Tribe transfers title to such land to the United States. (b) Recognition of tribal government authority To enter into agreements with state and local governments The Tribe may enter into agreements with the State and any local government regarding the Reaffirmed Reservation and activities occurring on the Reaffirmed Reservation, including agreements relating to jurisdiction, land use, and services. (c) No use of condemnation or eminent domain Land or interests in land within the exterior boundaries of the Reservation or the Replacement Area— (1) may not be acquired by condemnation or eminent domain under this Act; and (2) shall be acquired only by purchase with payment of fair market value. (d) Cultural and historic preservation of reservation Land owned by the State and local governments located within the boundaries of the Reservation shall be managed to protect any human or cultural remains, consistent with applicable Federal and State law and subject to the consent of the Tribe. 9. Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this Act $10,000,000 for each of fiscal years 2024 through 2028.

Prairie Band Potawatomi Nation Shab-eh-nay Band Reservation Settlement Act of 2023

9-8-8 Lifeline Cybersecurity Responsibility Act This bill requires the Substance Abuse and Mental Health Services Administration (SAMHSA) to undertake efforts to protect the 9-8-8 Suicide & Crisis Lifeline from cybersecurity threats. (The lifeline is a three-digit number that connects callers in suicidal crisis or mental health distress to a national network of crisis centers.) The bill also expands related reporting requirements. Specifically, the network administrator for the lifeline must report identified cybersecurity incidents and vulnerabilities to SAMHSA, and local and regional crisis centers that participate in the lifeline must report identified cybersecurity incidents and vulnerabilities to the administrator. Additionally, the Government Accountability Office must conduct a study that evaluates cybersecurity risks and vulnerabilities associated with the lifeline and report the findings to Congress.

118 S1493 IS: 9–8–8 Lifeline Cybersecurity Responsibility Act U.S. Senate 2023-05-09 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. 1493 IN THE SENATE OF THE UNITED STATES May 9, 2023 Ms. Sinema Mr. Mullin Committee on Health, Education, Labor, and Pensions A BILL To amend title V of the Public Health Service Act to secure the suicide prevention lifeline from cybersecurity incidents, and for other purposes. 1. Short title This Act may be cited as the 9–8–8 Lifeline Cybersecurity Responsibility Act 2. Protecting suicide prevention lifeline from cybersecurity incidents (a) National suicide prevention lifeline program Section 520E–3(b) of the Public Health Service Act (42 U.S.C. 290bb–36c(b)) is amended— (1) in paragraph (4), by striking and (2) in paragraph (5), by striking the period at the end and inserting ; and (3) by adding at the end the following: (6) coordinating with the Chief Information Security Officer of the Department of Health and Human Services to take such steps as may be necessary to ensure the program is protected from cybersecurity incidents and eliminates known cybersecurity vulnerabilities. . (b) Reporting Section 520E–3 of the Public Health Service Act ( 42 U.S.C. 290bb–36c (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: (f) Cybersecurity reporting (1) In general (A) In general The program’s network administrator receiving Federal funding pursuant to subsection (a) shall report to the Assistant Secretary, in a manner that protects personal privacy, consistent with applicable Federal and State privacy laws— (i) any identified cybersecurity vulnerabilities to the program within 24 hours of identification of such a vulnerability; and (ii) any identified cybersecurity incidents to the program within 24 hours of identification of such incident. (B) Local and regional crisis centers Local and regional crisis centers participating in the program shall report to the program’s network administrator identified in subparagraph (A), in a manner that protects personal privacy, consistent with applicable Federal and State privacy laws— (i) any identified cybersecurity vulnerabilities to the program within 24 hours of identification of such vulnerability; and (ii) any identified cybersecurity incidents to the program within 24 hours of identification of such incident. (2) Notification If the program’s network administrator receiving funding pursuant to subsection (a) discovers, or is informed by a local or regional crisis center pursuant to paragraph (1)(B) of, a cybersecurity vulnerability or incident, within 24 hours of such discovery or receipt of information, such entity shall report the vulnerability or incident to the Assistant Secretary. (3) Clarification (A) Oversight (i) Local and regional crisis center Except as provided in clause (ii), local and regional crisis centers participating in the program shall oversee all technology each center employs in the provision of services as a participant in the program. (ii) Network administrator The program’s network administrator receiving Federal funding pursuant to subsection (a) shall oversee the technology each crisis center employs in the provision of services as a participant in the program if such oversight responsibilities are established in the applicable network participation agreement. (B) Supplement, not supplant The cybersecurity incident reporting requirements under this subsection shall supplement, and not supplant, cybersecurity incident reporting requirements under other provisions of applicable Federal law that are in effect on the date of the enactment of the 9–8–8 Lifeline Cybersecurity Responsibility Act . (c) Study Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) conduct and complete a study that evaluates cybersecurity risks and vulnerabilities associated with the 9–8–8 National Suicide Prevention Lifeline; and (2) submit a report of the findings of such study to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

9–8–8 Lifeline Cybersecurity Responsibility Act

Emergency Access to Insulin Act of 2023 This bill reduces the marketing exclusivity period for biological drug products from 12 to 7 years and establishes policies and programs designed to increase access to prescription insulin. Specifically, the bill requires the Department of Health and Human Services (HHS) to award grants to states to create insulin card programs, which provide uninsured or underinsured individuals with insulin at no cost for specified time periods. Payments for insulin prescriptions made through the program must count toward an underinsured individual’s health plan deductible or other out-of-pocket expenses required under the plan. Further, HHS must collect annual fees from insulin manufacturers, based on each manufacturer’s market share, equal to the total estimated expenditures under the insulin grants program. Subject to certain exceptions, the bill also establishes an excise tax on insulin manufacturers when the price of an insulin product spikes. The tax amount is a specified percentage of the revenue a manufacturer received as a result of the price spike. The tax amount increases in tiers based on the percentage of the price spike for that product.

118 S1497 IS: Emergency Access to Insulin Act of 2023 U.S. Senate 2023-05-09 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. 1497 IN THE SENATE OF THE UNITED STATES May 9, 2023 Ms. Smith Committee on Finance A BILL To amend the Public Health Service Act to establish insulin assistance programs, and for other purposes. 1. Short title This Act may be cited as the Emergency Access to Insulin Act of 2023 2. Insulin assistance programs (a) In general Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. 320C. Insulin assistance programs (a) Establishment of program of grants to States, Indian tribes, and tribal organizations (1) In general The Secretary shall, not later than 1 year after the date of enactment of this section, make grants to States, Indian tribes, and tribal organizations for the purpose of carrying out programs to assist eligible individuals in obtaining insulin in accordance with paragraph (4). (2) Grant and contract authority for States, Indian tribes, and tribal organizations (A) In general A State, Indian tribe, or tribal organization receiving a grant under paragraph (1) may, subject to subparagraph (B), expend the grant to carry out the purpose described in such paragraph through grants or contracts to public or private entities, including local governments. (B) Certain applications If a nonprofit private entity and a private entity that is not a nonprofit entity both submit applications to a State, Indian tribe, or tribal organization to receive an award of a grant or contract under subparagraph (A), the State, Indian tribe, or tribal organization shall give priority to the application submitted by the nonprofit private entity in any case in which the State, Indian tribe, or tribal organization determines that the quality of such application is equivalent to the quality of the application submitted by the other private entity. (3) Allotment Each State, Indian tribe, or tribal organization that applies for a grant in accordance with subsection (e) shall receive a grant under this section in an amount that is equal to the sum of— (A) a minimum amount determined by the Secretary; and (B) an additional amount based on criteria established by the Secretary, which may include the ability of the State, Indian tribe, or tribal organization to successfully assist individuals in seeking eligibility for Federal or State-funded programs as described in paragraph (4)(A)(ii)(II). (4) Program components (A) In general A State, Indian tribe, or tribal organization carrying out a program supported by a grant under this subsection— (i) shall use the grant funds to— (I) issue insulin cards to eligible individuals in accordance with subparagraph (B); and (II) enter into agreements with pharmacies— (aa) for such pharmacies to fill prescriptions for individuals displaying valid insulin cards that are issued in accordance with subparagraph (B) at no cost to such individuals; and (bb) for the State, Indian tribe, or tribal organization to pay such pharmacies for insulin filled for a prescription described in item (aa); and (ii) may use the grant funds to— (I) purchase insulin; or (II) assist individuals in seeking eligibility for Federal or State-funded programs which may provide coverage for insulin or otherwise assist such individuals in obtaining insulin. (B) Insulin cards (i) Application An eligible individual seeking an insulin card through a program supported by a grant under this subsection shall submit an application to the State, Indian tribe, or tribal organization receiving the grant, at such time, in such manner, and containing such information as the State, Indian tribe, or tribal organization may reasonably require for purposes of this subsection, including— (I) documentation indicating proof of— (aa) in the case of a grant awarded to a State, residency in the State; (bb) in the case of a grant awarded to an Indian tribe, membership in the Indian tribe; or (cc) in the case of a grant awarded to a tribal organization, membership in the Indian tribe or Indian community served by the tribal organization; (II) a prescription for insulin that is prescribed to the individual; (III) a statement that, to the best of the individual's knowledge, the individual is an uninsured individual or an underinsured individual; and (IV) if the individual is an underinsured individual, the name of the high-deductible health plan in which the individual is enrolled and any unique identifier of the plan, such as a policy number. (ii) Initial card (I) In general A State, Indian tribe, or tribal organization carrying out a program supported by a grant under this subsection shall issue an initial insulin card to each individual that submits an application to the State, Indian tribe, or tribal organization meeting the requirements under clause (i). (II) Timing A State, Indian tribe, or tribal organization that receives an application under clause (i) from an individual shall issue an initial insulin card to such individual not later than 5 business days after receiving such application. (III) Supply An initial insulin card issued to an individual under this clause shall be valid for an approximate 7-day supply of insulin that is appropriate for the individual based on the prescription for the individual provided in the application under clause (i) and packaging and processing practices for insulin. (iii) 3-month cards Not later than 12 business days after an individual submits an application under clause (i) to a State, Indian tribe, or tribal organization, the State, Indian tribe, or tribal organization shall— (I) determine whether the individual is an eligible individual; and (II) if the individual is an eligible individual, issue the individual an insulin card that is valid for an approximate 90-day supply of insulin that is appropriate for the individual based on the prescription provided in the application under clause (i) and packaging and processing practices for insulin. (iv) Renewal of cards (I) 3-month cards An eligible individual that is issued an insulin card under clause (iii) may apply to renew such card in accordance with a process established by the State, Indian tribe, or tribal organization. (II) Limitation An individual that submits an application under clause (i) and is denied an insulin card under clause (ii) or (iii) may not submit another application under clause (i) for the 1-year period beginning on the date on which the individual is denied such card. (b) Requirement of matching funds (1) In general The Secretary may not make a grant under subsection (a) unless the State, Indian tribe, or tribal organization involved agrees, with respect to the costs to be incurred by the State, Indian tribe, or tribal organization in carrying out the purpose described in subsection (a)(1), to make available non-Federal contributions (in cash or in kind under paragraph (2)) toward such costs in an amount equal to not less than $1 for each $3 of Federal funds provided in the grant. Such contributions may be made directly or through donations from public or private entities. (2) Determination of amount of non-federal contribution (A) In general Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including equipment or services (and excluding indirect or overhead costs). Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (B) Maintenance of effort In making a determination of the amount of non-Federal contributions for purposes of paragraph (1), the Secretary may include only non-Federal contributions in excess of the average amount of non-Federal contributions made by the State, Indian tribe, or tribal organization involved toward the purpose described in subsection (a)(1) for the 2-year period preceding the first fiscal year for which the State, Indian tribe, or tribal organization is applying to receive a grant under subsection (a). (C) Inclusion of relevant non-federal contributions for medicaid In making a determination of the amount of non-Federal contributions for purposes of paragraph (1), the Secretary shall, subject to subparagraphs (A) and (B) of this paragraph, include any non-Federal amounts expended pursuant to title XIX of the Social Security Act by the State, Indian tribe, or tribal organization related to insulin dispensed to individuals eligible for medical assistance under such title. (c) Additional required agreements (1) Statewide provision of services (A) In general The Secretary may not make a grant under subsection (a) unless the State, Indian tribe, or tribal organization involved agrees that services and activities under the grant will be made available throughout the State (including availability to members of any Indian tribe or tribal organization in the State), Indian tribe, or tribal organization. (B) Waiver (i) In general The Secretary may waive the requirement established in subparagraph (A) for a State, Indian tribe, or tribal organization if the Secretary determines that compliance by the State, Indian tribe, or tribal organization with the requirement would result in an inefficient allocation of resources with respect to carrying out the purpose described in subsection (a)(1). (ii) Indian tribes and tribal organizations If an Indian tribe or tribal organization is receiving a grant under subsection (a) and the State in which the tribe or organization is located is receiving a grant under subsection (a), the requirement under subparagraph (A) for the State regarding availability to the tribe or organization is deemed to have been waived under this subparagraph. (2) Relationship to items and services under other programs (A) In general The Secretary may not make a grant under subsection (a) unless the State, Indian tribe, or tribal organization involved agrees that the grant will not be expended to make payment for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service— (i) except as provided in subparagraph (B), under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (ii) by an entity that provides health services on a prepaid basis. (B) Exception The requirement under subparagraph (A)(i) shall not apply with respect to coverage under a high-deductible health plan. (3) Limitation on administrative expenses The Secretary may not make a grant under subsection (a) unless the State, Indian tribe, or tribal organization involved agrees that not more than 10 percent of the grant will be expended for administrative expenses with respect to the grant. (4) Records and audits The Secretary may not make a grant under subsection (a) unless the State, Indian tribe, or tribal organization involved agrees that— (A) the State, Indian tribe, or tribal organization will establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursal of, and accounting for, amounts received by the State, Indian tribe, or tribal organization under such subsection; (B) the State, Indian tribe, or tribal organization will keep such records as the Secretary shall prescribe, including— (i) records that fully disclose— (I) the amount and disposition by the State, Indian tribe, or tribal organization of the proceeds of such grant; (II) the total cost of the project or undertaking intended to be carried out through the grant; and (III) the amount of that portion of the cost of the project or undertaking supplied by sources other than the grant; and (ii) such other records as the Secretary determines appropriate for facilitating an effective audit of grants awarded under this section; and (C) upon request, the State, Indian tribe, or tribal organization will provide records maintained pursuant to subparagraphs (A) and (B) to the Secretary or the Comptroller General of the United States for purposes of auditing the expenditures by the State, Indian tribe, or tribal organization of the grant. (5) Reports (A) Reports to the Secretary The Secretary may not make a grant under subsection (a) unless the State, Indian tribe, or tribal organization involved agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant, including a report on— (i) the types of problems and inquiries encountered by individuals applying for or receiving insulin through a program supported by such grant; (ii) the number of insulin products dispensed through such program and the unit costs for those products during the period covered by the report; (iii) the number of pharmacies participating in the program during the period covered by the report; (iv) summary data on the individuals applying for or receiving insulin through the program; and (v) any other information the Secretary shall determine necessary to provide oversight of the grants made under this section. (B) High-deductible health plans The Secretary may not make a grant under subsection (a) unless the State, Indian tribe, or tribal organization involved agrees to, as soon as practicable after each time the State, Indian tribe, or tribal organization provides payment to a pharmacy for insulin for an underinsured individual, submit to the high-deductible health plan in which the individual is enrolled information on the amount of such payment in order for such plan to comply with the requirements under section 2710. (d) Description of intended uses of grant The Secretary may not make a grant under subsection (a) unless— (1) the State, Indian tribe, or tribal organization involved submits to the Secretary a description of the purposes for which the State, Indian tribe, or tribal organization intends to expend the grant; (2) the description identifies the populations, areas, and localities in the State, or under the jurisdiction of the Indian tribe or tribal organization, with a need for a program to assist individuals in obtaining insulin in accordance with subsection (a); (3) the description provides information relating to the services and activities to be provided, including a description of the manner in which the services and activities will be coordinated with any similar services or activities of public or private entities; and (4) the description provides assurances that the grant funds will be used in the most cost-effective manner. (e) Requirement of submission of application The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary, the application contains the description of intended uses required under subsection (d), and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (f) Technical assistance and provision of supplies and services in lieu of grant funds (1) Technical assistance The Secretary may provide training and technical assistance with respect to the planning, development, and operation of any program or service carried out pursuant to subsection (a). The Secretary may provide such technical assistance directly or through grants to, or contracts with, public or private entities. (2) Provision of supplies and services in lieu of grant funds (A) In general Upon the request of a State, Indian tribe, or tribal organization receiving a grant under subsection (a), the Secretary may, subject to subparagraph (B), provide supplies, equipment, and services for the purpose of aiding the State, Indian tribe, or tribal organization in carrying out such subsection and, for such purpose, may detail to the State, Indian tribe, or tribal organization any officer or employee of the Department of Health and Human Services. (B) Corresponding reduction in payments With respect to a request described in subparagraph (A), the Secretary shall reduce the amount of payments under the grant under subsection (a) to the State, Indian tribe, or tribal organization involved by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. (g) Evaluations and reports (1) Evaluations The Secretary shall, directly or through contracts with public or private entities, provide for annual evaluations of programs carried out pursuant to subsection (a). Such evaluations shall include evaluations of— (A) the extent to which States, Indian tribes, and tribal organizations carrying out such programs are in compliance with subsection (a) and with subsection (c)(1); and (B) the extent to which each State, Indian tribe, or tribal organization receiving a grant under this section is in compliance with subsection (b), including identification of— (i) the amount of the non-Federal contributions by the State, Indian tribe, or tribal organization for the preceding fiscal year, disaggregated according to the source of the contributions; and (ii) the proportion of such amount of non-Federal contributions relative to the amount of Federal funds provided through the grant to the State, Indian tribe, or tribal organization for the preceding fiscal year. (2) Reports to Congress The Secretary shall, not later than 1 year after the date of enactment of the Emergency Access to Insulin Act of 2023 (h) Funding for general program (1) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary. (2) Set-aside for technical assistance and provision of supplies and services Of the amounts appropriated under paragraph (1) for a fiscal year, the Secretary shall reserve not more than 20 percent for carrying out subsection (f). (i) Sunset The authority to award grants under subsection (a) shall be effective beginning on the date of enactment of the Emergency Access to Insulin Act of 2023 (j) Definitions For purposes of this section: (1) Eligible individual The term eligible individual (A) (i) in the case of a grant to a State, who is a resident of the State; (ii) in the case of a grant to an Indian tribe, who is a member of such tribe; or (iii) in the case of a grant to a tribal organization, who is a member of the Indian tribe or Indian community served by the tribal organization; and (B) who has a valid prescription for insulin that is prescribed to such individual. (2) Group health insurance coverage; group health plan; health insurance issuer The terms group health insurance coverage group health plan health insurance issuer (3) High-deductible health plan The term high-deductible health plan (4) Indian tribe The term Indian tribe 25 U.S.C. 1603 (5) Individual health insurance coverage The term individual health insurance coverage (6) Tribal organization The term tribal organization 25 U.S.C. 1603 (7) Underinsured individual The term underinsured individual (8) Uninsured individual The term uninsured individual section 5000A(f)(1) (9) Urban Indian organization The term urban Indian organization . (b) Exempting prices used under an insulin assistance program from best price and average manufacturer price under the Medicaid drug rebate program Section 1927 of the Social Security Act ( 42 U.S.C. 1396r–8 (1) in subsection (c)(1)(C)(i)(III), by inserting or under an insulin assistance program supported under section 320C of the Public Health Service Act State pharmaceutical assistance program (2) in subsection (k)(1)(B)(i)— (A) in subclause (IV), by inserting a semicolon at the end; (B) in subclause (VII), by striking ; and (C) in subclause (VIII), by striking the period at the end and inserting ; and (D) by adding at the end the following new subclause: (IX) any prices used under an insulin assistance program supported under section 320C of the Public Health Service Act. . (c) Deductibles for underinsured individuals participating in insulin assistance programs Subpart I of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. 2710. Deductibles and other out-of-pocket expenses for underinsured individuals participating in insulin assistance programs (a) In general A group health plan that is a high-deductible health plan and a health insurance issuer offering a high-deductible health plan shall, with respect to any individual who is enrolled in such plan and obtains insulin during a plan year through an insulin card issued to the individual by a State, Indian tribe, or tribal organization carrying out an insulin assistance program under section 320C, count the amount the State, Indian tribe, or tribal organization pays a pharmacy for insulin for such individual for such plan year towards any deductible or other out-of-pocket expenses required to be paid under the plan. (b) High-Deductible health plan For purposes of this section, the term high-deductible health plan . 3. Annual fees applicable to insulin manufacturers (a) Definitions For purposes of this section: (1) Annual payment date The term annual payment date (2) Covered entity The term covered entity (A) is the holder of an application approved under subsection (c) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 42 U.S.C. 262 (B) during the preceding calendar year, manufactured any insulin product that was sold in commerce and covered by a Federal health program at least once during such preceding calendar year. (3) Inspector General The term Inspector General (4) Secretary The term Secretary (b) Imposition of fee Each covered entity for a calendar year, beginning in 2024 and ending in 2028, shall pay to the Secretary not later than the annual payment date of such calendar year a fee in an amount determined under subsection (c). (c) Amount of fees (1) Total amount The Secretary shall ensure that the total amount in fees assessed under subsection (b)— (A) for calendar year 2024, equals the total amount the Secretary estimates as the total expenditures for carrying out section 320C of the Public Health Service Act for such calendar year; and (B) for each of calendar years 2025 through 2028, equals the total amount of expenditures the Secretary determines for carrying out such section for the preceding calendar year. (2) Determination of fees for each manufacturer (A) Formula With respect to each covered entity, the fee under this section for a calendar year shall be equal to an amount that bears the same ratio to the total amount assessed under subsection (b) for such year as the covered entity's sales of insulin products taken into account during the preceding calendar year bears to the aggregate sales of insulin products of all covered entities taken into account during such preceding calendar year. (B) Sales of insulin products (i) In general For purposes of this paragraph, the sales of insulin products taken into account during any calendar year with respect to any covered entity shall be determined based on the total number of units of the insulin product which were sold in commerce in the preceding calendar year based on— (I) for a fee assessed for calendar year 2024, information obtained by the Secretary under clause (ii); and (II) for a fee assessed for each of calendar years 2025 through 2028, the information provided in the annual reports issued by the Inspector General and made public under section 4(e)(1). (ii) Fees assessed for calendar year 2024 For purposes of clause (i)(I), the Secretary shall require each covered entity to submit to the Secretary information on the total number of units of the insulin product manufactured by the entity that were sold in commerce in calendar year 2023. (d) Deposit The Secretary shall deposit amounts received through fees assessed under subsection (b) into the general fund of the Treasury. (e) Enforcement The Secretary may bring an action in any court of competent jurisdiction to recover the amount of any fee that is assessed under subsection (b) for a calendar year and not paid by the annual payment date. 4. Identification of insulin price spikes; application of excise tax (a) Definitions In this section: (1) Applicable entity The term applicable entity 21 U.S.C. 355 42 U.S.C. 262 (2) Commerce The term commerce 15 U.S.C. 44 (3) Inspector General The term Inspector General (4) Price spike (A) In general The term price spike (B) Price spike percentage The term price spike percentage (i) the wholesale acquisition cost of an insulin product in commerce for the calendar year; exceeds (ii) the wholesale acquisition cost of such insulin product in commerce for the calendar year preceding such year. (C) Applicable price increase allowance The term applicable price increase allowance section 1(f)(6) (5) Price spike revenue (A) In general The term price spike revenue (i) the gross price spike revenue, minus (ii) the adjustment amount. (B) Gross price spike revenue The term gross price spike revenue (i) an amount equal to the difference between clause (i) of paragraph (4)(B) and clause (ii) of such paragraph; and (ii) the total number of units of the insulin product which were sold in commerce in such calendar year. (C) Adjustment amount The term adjustment amount (b) Submission by pharmaceutical companies of information to Inspector General (1) In general For each insulin product, the applicable entity shall submit to the Inspector General a quarterly report that includes each of the following: (A) For each insulin product of the applicable entity— (i) the total number of units of the insulin product which were sold in commerce in the preceding calendar quarter; (ii) the average and median wholesale acquisition cost per unit of such insulin product in commerce in the preceding calendar quarter, disaggregated by month; and (iii) the gross revenues from sales of such insulin product in commerce in the preceding calendar quarter. (B) Such information related to increased input costs or public health considerations as the applicable entity may wish the Inspector General to consider in making a determination under clause (ii) of subsection (c)(2)(B) or an assessment in clause (iii) of such subsection for the preceding calendar quarter. (C) Such information related to any anticipated increased input costs for the subsequent calendar quarter as the applicable entity may wish the Inspector General to consider in making a determination under clause (ii) of subsection (c)(2)(B) or an assessment in clause (iii) of such subsection for such calendar quarter. (2) Penalty for failure to submit (A) In general An applicable entity described in paragraph (1) that fails to submit information to the Inspector General regarding an insulin product, as required by such paragraph, before the date specified in paragraph (3) shall be liable for a civil penalty, as determined under subparagraph (B). (B) Amount of penalty The amount of the civil penalty shall be equal to the product of— (i) an amount, as determined appropriate by the Inspector General, which is— (I) not less than 0.5 percent of the gross revenues from sales of the insulin product described in subparagraph (A) for the preceding calendar year; and (II) not greater than 1 percent of the gross revenues from sales of such insulin product for the preceding calendar year; and (ii) the number of days in the period between— (I) the applicable date specified in paragraph (3); and (II) the date on which the Inspector General receives the information described in paragraph (1) from the applicable entity. (3) Submission deadline An applicable entity shall submit each quarterly report described in paragraph (1) not later than January 17, April 18, June 15, and September 15 of each calendar year. (c) Assessment by Inspector General (1) In general Not later than the last day in February of each year, the Inspector General, in consultation with other relevant Federal agencies (including the Federal Trade Commission), shall— (A) complete an assessment of the information the Inspector General received pursuant to subsection (b)(1) with respect to sales of insulin products in the preceding calendar year; and (B) in the case of any insulin product which satisfies the conditions described in paragraph (1) or (2) of subsection (d), submit a recommendation to the Secretary of Health and Human Services that such insulin product be exempted from application of the tax imposed under section 4191 (2) Elements The assessment required by paragraph (1)(A) shall include each of the following: (A) Identification of each price spike relating to an insulin product in the preceding calendar year. (B) For each price spike identified under subparagraph (A)— (i) a determination of the price spike revenue; (ii) a determination regarding the accuracy of the information submitted by the applicable entity regarding increased input costs; and (iii) an assessment of the rationale of the applicable entity for the price spike. (d) Exemption of certain insulin products (1) In general The Secretary of Health and Human Services, upon recommendation of the Inspector General pursuant to subsection (c)(1)(B), may exempt any insulin product which has been subject to a price spike during the preceding calendar year from application of the tax imposed under section 4191 (2) Clarification In considering, under paragraph (1), information submitted pursuant to subsection (b)(1)(B), the Secretary— (A) has the discretion to determine that such information does not warrant a for-cause price increase exemption; and (B) shall exclude from such consideration any information submitted by the applicable entity threatening to curtail or limit production of the insulin product if the Secretary does not grant an exemption from the application of the tax under section 4191 (e) Reports by Inspector General (1) Public report (A) In general Not later than the last day in February of each year, subject to subparagraph (C), the Inspector General shall issue a report containing the information described in subparagraph (B) to be made available to the public, including on the internet website of the Inspector General. (B) Contents The report issued under subparagraph (A) shall include each of the following: (i) The information received under subsection (b)(1) with respect to the preceding calendar year. (ii) The price spikes identified under subparagraph (A) of subsection (c)(2). (iii) The price spike revenue determinations made under subparagraph (B)(i) of such subsection. (iv) The determinations and assessments made under clauses (ii) and (iii) of subparagraph (B) of such subsection. (C) Proprietary information The Inspector General shall ensure that any information made public in accordance with subparagraph (A) excludes trade secrets and confidential commercial information. (2) Report to Internal Revenue Service (A) In general Subject to subparagraph (C), not later than the last day in February of each year, the Inspector General shall transmit to the Internal Revenue Service a report on the findings of the Inspector General with respect to the information the Inspector General received under subsection (b)(1) with respect to the preceding calendar year and the assessment carried out by the Inspector General under subsection (c)(1)(A) with respect to such information. (B) Contents The report transmitted under subparagraph (A) shall include the information described in paragraph (1)(B). (C) Notice and opportunity for hearing (i) In general No report shall be transmitted to the Internal Revenue Service under subparagraph (A) with respect to an insulin product unless the Inspector General has provided the applicable entity with— (I) the assessment of such insulin product under subsection (c)(1)(A); and (II) notice of their right to a hearing in regards to such assessment. (ii) Notice The notice required under clause (i) shall be provided to the applicable entity not later than 30 days after completion of the assessment under subsection (c)(1)(A). (iii) Request for hearing Subject to clause (v), an applicable entity may request a hearing before the Secretary of Health and Human Services not later than 30 days after the date on which the notice under clause (ii) is received. (iv) Completion of hearing In the case of an applicable entity which requests a hearing pursuant to clause (iii), the Secretary of Health and Human Services shall, not later than 12 months after the date on which the assessment under subsection (c)(1)(A) was completed by the Inspector General— (I) make a final determination in regards to the accuracy of such assessment; and (II) provide the report described in subparagraph (B) to the Internal Revenue Service. (v) Limitation An applicable entity may request a hearing under clause (iii) with respect to a particular insulin product only once within a 5-year period. (f) Notification The Secretary of the Treasury shall notify, at such time and in such manner as the Secretary of the Treasury shall provide, each applicable entity in regard to any insulin product which has been determined to have been subject to a price spike during the preceding calendar year and the amount of the tax imposed on such applicable entity pursuant to section 4191 (g) Excise tax on insulin products subject to price spikes (1) In general Chapter 32 E Certain insulin products Sec. 4191. Insulin products subject to price spikes. 4191. Insulin products subject to price spikes (a) Imposition of tax (1) In general Subject to paragraph (3), for each taxable insulin product sold by an applicable entity during the calendar year, there is hereby imposed on such entity a tax equal to the greater of— (A) the annual price spike tax for such insulin product, or (B) subject to paragraph (2), the cumulative price spike tax for such insulin product. (2) Limitation In the case of a taxable insulin product for which the applicable period (as determined under subsection (c)(2)(E)(i)) is less than 2 calendar years, the cumulative price spike tax shall not apply. (3) Exemption For any calendar year in which the Secretary of Health and Human Services has provided an exemption for a taxable insulin product pursuant to section 4(d) of the Emergency Access to Insulin Act of 2023 (b) Annual price spike tax (1) In general The amount of the annual price spike tax shall be equal to the applicable percentage of the price spike revenue received by the applicable entity on the sale of the taxable insulin product during the calendar year. (2) Applicable percentage For purposes of paragraph (1), the applicable percentage shall be equal to— (A) in the case of a taxable insulin product which has been subject to a price spike percentage greater than the applicable price increase allowance (as defined in section 4(a)(4)(C) of the Emergency Access to Insulin Act of 2023 (B) in the case of a taxable insulin product which has been subject to a price spike percentage equal to or greater than 15 percent but less than 20 percent, 75 percent, and (C) in the case of a taxable insulin product which has been subject to a price spike percentage equal to or greater than 20 percent, 100 percent. (c) Cumulative price spike tax (1) In general The amount of the cumulative price spike tax shall be equal to the applicable percentage of the cumulative price spike revenue received by the applicable entity on the sale of the taxable insulin product during the calendar year. (2) Applicable percentage (A) In general For purposes of paragraph (1), the applicable percentage shall be equal to— (i) in the case of a taxable insulin product which has been subject to a cumulative price spike percentage greater than the cumulative price increase allowance but less than the first multi-year percentage, 50 percent, (ii) in the case of a taxable insulin product which has been subject to a cumulative price spike percentage equal to or greater than the first multi-year percentage but less than the second multi-year percentage, 75 percent, and (iii) in the case of a taxable insulin product which has been subject to a cumulative price spike percentage equal to or greater than the second multi-year percentage, 100 percent. (B) Cumulative price spike percentage The cumulative price spike percentage is the percentage (if any) by which— (i) the wholesale acquisition cost of the taxable insulin product in commerce for the preceding calendar year, exceeds (ii) the wholesale acquisition cost of such insulin product in commerce for the base year. (C) Cumulative price increase allowance For purposes of clause (i) of subparagraph (A), the cumulative price increase allowance for any calendar year is the percentage (rounded to the nearest one-tenth of 1 percent) by which the C–CPI–U (as defined in section 1(f)(6)) for that year exceeds the C–CPI–U for the base year. (D) Multi-year percentages For purposes of subparagraph (A), the first multi-year percentage and second multi-year percentage shall be determined in accordance with the following table: Number of years in applicable period First Second 2 years 17.5 22.5 3 years 20.0 25.0 4 years 22.5 27.5 5 years 25.0 30.0. (E) Applicable period and base year (i) Applicable period The applicable period shall be the lesser of— (I) the 5 preceding calendar years, (II) all calendar years beginning after the date of enactment of this section, or (III) all calendar years in which the taxable insulin product was sold in commerce. (ii) Base year The base year shall be the calendar year immediately preceding the applicable period. (3) Cumulative price spike revenue For purposes of paragraph (1), the cumulative price spike revenue for any taxable insulin product shall be an amount equal to— (A) an amount equal to the product of— (i) an amount (not less than zero) equal to— (I) the wholesale acquisition cost of such insulin product in commerce for the preceding calendar year, minus (II) the wholesale acquisition cost of such insulin product in commerce for the base year, and (ii) the total number of units of such insulin product which were sold in commerce in the preceding calendar year, minus (B) an amount equal to the sum of the adjustment amounts, if any, determined under section 4(a)(5)(C) of the Emergency Access to Insulin Act of 2023 (d) Definitions For purposes of this section— (1) Taxable insulin product The term taxable insulin product Emergency Access to Insulin Act of 2023 (2) Other terms The terms applicable entity price spike price spike percentage price spike revenue Emergency Access to Insulin Act of 2023 . (2) Clerical amendment The table of subchapters for chapter 32 SUBCHAPTER E—Certain insulin products . (3) Effective date The amendments made by this subsection shall apply to sales after the date of the enactment of this Act. 5. Biological product exclusivity (a) In general Section 351(k)(7)(A) of the Public Health Service Act ( 42 U.S.C. 262(k)(7)(A) 12 years 7 years (b) Conforming amendments Paragraphs (2)(A) and (3)(A) of section 351(m) of the Public Health Service Act ( 42 U.S.C. 262(m) 12 years 7 years

Emergency Access to Insulin Act of 2023

Finish It Act This bill requires the Department of Defense (DOD) to submit a plan (within 15 days after the bill is enacted) to utilize, transfer, or donate to states all existing excess border wall construction materials to construct a permanent physical barrier along the U.S.-Mexico border. If DOD delays in submitting or executing the plan, the travel budget of the Under Secretary of Defense for Policy must be decreased by 1% for every two days of delay. DOD must work with the Defense Logistics Agency to execute the plan until DOD is no longer incurring any costs to maintain, store, or protect the excess materials. Any state requesting border wall construction materials must certify, in writing, that the materials will be used exclusively for the construction of a permanent physical barrier to stop illicit human and vehicle trafficking along the border. If a state does not use all such materials for the specified purpose within two years of receiving the materials, the state must pay the federal government an amount equal to the original purchase price of the materials.

118 S1498 IS: Finish It Act U.S. Senate 2023-05-09 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. 1498 IN THE SENATE OF THE UNITED STATES May 9, 2023 Mr. Wicker Ms. Ernst Mr. Cruz Mr. Cotton Committee on Armed Services A BILL To require the Secretary of Defense to use, transfer, or donate all excess construction materials intended for the wall on the southwest border of the United States that are being stored by the Department of Defense, and for other purposes. 1. Short title This Act may be cited as the Finish It Act 2. Sense of Congress It is the sense of Congress that— (1) constructing physical barriers along the southwest border of the United States has been one element of broader efforts to secure that border during the administrations of President George W. Bush, President Barack Obama, and President Donald Trump; (2) President Joe Biden is the first president to block efforts to build a physical barrier along the southwest border; (3) since President Biden cancelled southwest border wall construction contracts in April 2021, the Department of Defense has spent approximately $130,000 per day to store construction materials on approximately 20 private sites in Arizona and New Mexico; (4) under the Biden administration, the Department of Defense has paid at least $25,000,000 to store border wall construction materials, rather than using those materials to continue constructing a wall along the southwest border, or fortifying the existing wall where necessary; (5) the Biden administration has also prevented States from using the existing construction materials to fortify or build walls along their respective borders with Mexico; (6) the Department of Defense has spent approximately $300,000,000 on the unused border wall construction materials; (7) physical barriers along the southwest border complicate the persistent efforts of transnational criminal organizations to traffic drugs and people into the United States, and enable our law enforcement agencies to respond in a more focused manner to the crisis at the southwest border; and (8) given the severe crisis at the southwest border, there is no justification for paying private landowners to store wall construction materials rather than using those materials to secure our border as soon as possible. 3. Deployment of existing construction materials (a) Plan Not later than 15 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan to utilize, transfer, or donate to States on the southern border of the United States all existing excess border wall construction materials, including bollards, for the express purpose of constructing a permanent physical barrier to stop illicit human and vehicle traffic along the border of the United States with Mexico. (b) Execution of plan Not later than 15 days after submitting to Congress the plan required under subsection (a), the Secretary shall work with the Defense Logistics Agency to execute that plan until the Department of Defense is no longer incurring any costs to maintain, store, or protect the materials specified under subsection (a). (c) Requirements of requesting States (1) In general Any State requesting border wall construction materials made available under this section must certify, in writing, that the materials it accepts will be exclusively used for the construction of a permanent physical barrier to stop illicit human and vehicle traffic along the border of the United States with Mexico. (2) Penalties (A) In general If, by the date that is two years after receipt of materials accepted under this section, a State does not use all such materials for the construction of a permanent physical barrier to stop illicit human and vehicle traffic along the border of the United States with Mexico, the State shall pay to the United States Government an amount equal to the original purchase price of the materials that have not been used for such purpose. (B) No waiver The penalty under subparagraph (A) may not be waived. (d) Impact of delay If the Secretary of Defense delays in submitting the plan required under subsection (a) or executing that plan as required under subsection (b), the travel budget of the Under Secretary of Defense for Policy shall be decreased by one percent for every two days of delay. 4. Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the following: (1) Any internal correspondence of the Department of Defense that informed the decision to forgo the excess property disposal process of the Department of Defense and instead pay $130,000 per day to store border wall panels. (2) A list of the individuals and entities the Department is paying for use of their privately owned land to store unused border wall construction materials. (3) An explanation of the process through which the Department contracted with private landowners to store unused border wall construction materials, including whether there was a competitive contracting process and whether the landowners have instituted an inventory review system. (4) A description of any investigations by the Inspector General of the Department that have been opened to examine the wasteful policy of paying to store border wall construction materials rather than using those materials to continue building or fortifying the wall on the southwest border of the United States.

Finish It Act

Ensuring Accurate and Complete Abortion Data Reporting Act of 2023 This bill requires states, as a condition of federal payment under Medicaid for family planning services, to report certain abortion data to the Centers for Disease Control and Prevention (CDC). (Currently, reporting is voluntary.) The CDC must develop standardized questions for states with respect to specified variables (e.g., maternal demographics and methods of abortion).

118 S15 IS: Ensuring Accurate and Complete Abortion Data Reporting Act of 2023 U.S. Senate 2023-01-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 15 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2023 Ms. Ernst Mr. Lankford Mrs. Hyde-Smith Mrs. Blackburn Mr. Daines Mr. Cruz Mr. Cramer Mr. Hoeven Mr. Hawley Mr. Cotton Mr. Scott of Florida Mr. Braun Mr. Hagerty Mrs. Fischer Mr. Vance Mr. Thune Committee on Finance A BILL To amend title XIX of the Social Security Act and the Public Health Service Act to improve the reporting of abortion data to the Centers for Disease Control and Prevention, and for other purposes. 1. Short title This Act may be cited as the Ensuring Accurate and Complete Abortion Data Reporting Act of 2023 2. Findings Congress finds the following: (1) Reporting abortion data has been voluntary in the past, which has not resulted in complete data being submitted to the Centers for Disease Control and Prevention. (2) While the Centers for Disease Control and Prevention requests specific data points from each State and the District of Columbia, there is a great variety in the information collected and published by the States. (3) In fact, there is not a single abortion data point publicly reported for all 50 States and the District of Columbia. (4) Even more alarming, 3 States that together account for 15 percent of the United States population of women of childbearing age do not report any abortion data to the Centers for Disease Control and Prevention. (5) Accurate statistical data regarding abortion and those who survive abortion attempts is critical to public health and policy analysis. 3. Medicaid payments for certain family planning services and supplies contingent on submission of abortion data to CDC Section 1903 of the Social Security Act ( 42 U.S.C. 1396b (1) in subsection (a)(5), by inserting before an amount equal to subject to subsection (cc), (2) by adding at the end the following new subsection: (cc) Annual reports on abortion data (1) In general Subject to paragraph (2), as a condition of receiving payment under subsection (a)(5) with respect to any amount expended during a year (beginning with the year following 2 years after the date of the enactment of this subsection) for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in section 1902(ii) or an individual whose medical assistance under this title is limited to such services and supplies furnished pursuant to a waiver granted under section 1115, each State shall, by not later than December 31 of the previous year, submit to the abortion surveillance system of the Centers for Disease Control and Prevention, with respect to the year before the previous year, at least abortion data regarding the mandatory questions described in section 317V(a)(3)(A) of the Public Health Service Act. (2) Late submission of reports With respect to a year, in the case of a State that does not submit by December 31 of the previous year the abortion data required under paragraph (1) with respect to the year before the previous year but submits such data by December 31 of the year, such State shall continue to receive payment, including retroactive payment, under subsection (a)(5) with respect to any amount expended during the year for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in such paragraph. (3) Certification of abortion data (A) In general With respect to each submission of abortion data under this subsection, a State shall certify to the Director of the Centers for Disease Control and Prevention that such data is accurate. (B) False information In the case that the Director of the Centers for Disease Control and Prevention determines that a State has knowingly provided false information with respect to a submission of abortion data under this subsection, such State may not receive payment under subsection (a)(5) with respect to any amount expended during the first full fiscal year following such determination for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in paragraph (1). . 4. Collection of abortion data by CDC Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. 317W. Abortion data (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall— (1) maintain a surveillance system to collect aggregate data in a standardized format on abortions in the United States; (2) as part of such system, create a standard worksheet to collect data from States on abortions in the respective States, which— (A) shall, at a minimum, include questions on the variables listed in subsection (b), to be treated as mandatory questions for purposes of section 1903(cc) of the Social Security Act; and (B) may include such additional questions on abortion as the Secretary determines to be appropriate, to be treated as voluntary questions; (3) as part of such system, allow for cross-tabulation of the variables listed in subsection (b), including cross-tabulation of maternal age by gestational age; race and ethnicity by gestational age; type of abortion procedure by gestational age; race and ethnicity by maternal age; and race and ethnicity by marital status; and (4) periodically update the questions in the worksheet under paragraph (2), including the classification of such questions as mandatory or voluntary. (b) Variables The variables listed in this subsection are the following: (1) Maternal age in years. (2) Gestational age in completed weeks at the time of abortion. (3) Maternal race. (4) Maternal ethnicity. (5) Maternal race by ethnicity. (6) The abortion method type. (7) Maternal marital status. (8) Previous pregnancies of the mother, including the number of previous live births, the number of previous induced abortions, and the number of previous spontaneous abortions. (9) Maternal residence (limited to county and State). (10) Whether the child survived the abortion. (c) Technical assistance The Secretary shall provide technical assistance to States to facilitate and improve the reporting of data to the system under subsection (a). (d) Annual reporting The Secretary shall— (1) issue an annual report on abortion, which shall include the data collected pursuant to this section; and (2) publish such report not later than December 30 of the third calendar year following the calendar year covered by the report. .

Ensuring Accurate and Complete Abortion Data Reporting Act of 2023

Affordable Prescriptions for Patients Act of 2023 This bill prohibits product hopping by drug manufacturers, authorizes the Federal Trade Commission to enforce this prohibition, and imposes limits on patent litigation involving biological products. Generally, product-hopping describes a situation where, when the patents on a reference drug (or biological product) expire, the manufacturer switches to a follow-on product that is covered by a later-expiring patent. Under this bill, a follow-on product is a modified version of the reference drug that has an indication (what the drug is used for) that is identical or substantially similar to an indication of the reference drug. The bill presumes product hopping has occurred when a reference drug manufacturer, after receiving notice that the Food and Drug Administration (FDA) has received an application to market a competing generic (or biosimilar) version, takes certain actions such as withdrawing the reference drug from the market and selling a follow-on product. A drug manufacturer may rebut these presumptions by demonstrating that its conduct was not intended to limit competition. The bill also limits in certain instances the number of patents that a reference biological product manufacturer can assert in a patent infringement lawsuit against a company seeking to sell a biosimilar version. Specifically, if the biosimilar manufacturer completes certain actions as part of an abbreviated pathway to get FDA market approval, the bill limits, subject to exceptions and waivers, the number of certain types of patents that the reference product manufacturer may assert, such as patents filed more than four years after the reference product received market approval.

118 S150 IS: Affordable Prescriptions for Patients 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. 150 IN THE SENATE OF THE UNITED STATES January 30, 2023 Mr. Cornyn Mr. Blumenthal Mr. Grassley Mr. Durbin Mr. Cruz Ms. Klobuchar Committee on the Judiciary A BILL To amend the Federal Trade Commission Act to prohibit product hopping, and for other purposes. 1. Short title This Act may be cited as the Affordable Prescriptions for Patients Act of 2023 2. Product hopping (a) In general The Federal Trade Commission Act ( 15 U.S.C. 41 et seq. 15 U.S.C. 57c–2 27. Product hopping (a) Definitions In this section: (1) Abbreviated new drug application The term abbreviated new drug application 21 U.S.C. 355 (2) Biosimilar biological product The term biosimilar biological product 42 U.S.C. 262(k) (3) Biosimilar biological product license application The term biosimilar biological product license application 42 U.S.C. 262(k) (4) Follow-on product The term follow-on product (A) means a drug approved through an application or supplement to an application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) 42 U.S.C. 262(a) (B) excludes such an application or supplement to an application for a change, modification, or reformulation of a drug or biological product that is requested by the Secretary or necessary to comply with law, including sections 505A and 505B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a (5) Generic drug The term generic drug 21 U.S.C. 355 (6) Listed drug The term listed drug 21 U.S.C. 355(j)(7) (7) Manufacturer The term manufacturer (A) an approved application for a drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c) (B) a biological product license under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) (8) Reference product The term reference product 42 U.S.C. 262(i) (9) Ultimate parent entity The term ultimate parent entity (b) Prohibition on product hopping (1) Prima facie A manufacturer of a reference product or listed drug shall be considered to have engaged in an unfair method of competition in or affecting commerce in violation of section 5(a) if complaint counsel or the Commission demonstrates in an action or proceeding initiated by the Commission under subsection (c) that, during the period beginning on the date on which the manufacturer of the reference product or listed drug first receives notice that an applicant has submitted to the Commissioner of Food and Drugs an abbreviated new drug application or biosimilar biological product license application referencing the reference product or listed drug and ending on the date that is the earlier of 180 days after the date on which the generic drug or biosimilar biological product that is the subject of the abbreviated new drug application or biosimilar biological product license application or another generic drug or biosimilar biological product referencing the listed drug or reference product is first marketed or 3 years after the date on which the follow-on product is first marketed, the manufacturer engaged in either of the following actions: (A) The manufacturer engaged in a hard switch, which shall be established by demonstrating that the manufacturer engaged in either of the following actions: (i) Upon the request of the manufacturer of the listed drug or reference product, the Commissioner of Food and Drugs withdrew the approval of the application for the listed drug or reference product or placed the listed drug or reference product on the discontinued products list and the manufacturer marketed or sold a follow-on product. (ii) The manufacturer of the listed drug or reference product— (I) (aa) withdrew, discontinued the manufacture of, or announced withdrawal of, discontinuance of the manufacture of, or intent to withdraw the application with respect to the drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances, unless such actions were taken by the manufacturer pursuant to a request of the Commissioner of Food and Drugs; or (bb) destroyed the inventory of the listed drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances; and (II) marketed or sold a follow-on product. (B) The manufacturer engaged in a soft switch, which shall be established by demonstrating that the manufacturer engaged in both of the following actions: (i) The manufacturer took actions with respect to the listed drug or reference product other than those described in subparagraph (A) that unfairly disadvantage the listed drug or reference product relative to the follow-on product described in clause (ii) in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances. (ii) The manufacturer marketed or sold a follow-on product. (2) Exclusions Nothing in this section shall prohibit actions that consist solely of— (A) truthful, non-misleading promotional marketing; or (B) ceasing promotional marketing for the listed drug or reference product. (3) Justification (A) In general Subject to paragraph (4), the actions described in paragraph (1) by a manufacturer of a listed drug or reference product shall not be considered to be an unfair method of competition in or affecting commerce if the manufacturer demonstrates to the Commission or a district court of the United States, as applicable, in an action, suit or proceeding initiated by the Commission under subsection (c)(1) that— (i) the manufacturer would have taken the actions regardless of whether a generic drug that references the listed drug or biosimilar biological product that references the reference product had already entered the market; and (ii) (I) with respect to a hard switch under paragraph (1)(A), the manufacturer took the action for reasons relating to the safety risk to patients of the listed drug or reference product; (II) with respect to an action described in paragraph (1)(A)(ii)(I)(aa), there is a supply disruption that— (aa) is outside of the control of the manufacturer; (bb) prevents the production or distribution of the applicable listed drug or reference product; and (cc) cannot be remedied by reasonable efforts; or (III) with respect to a soft switch under paragraph (1)(B), the manufacturer had legitimate pro-competitive reasons, apart from the financial effects of reduced competition, to take the action. (B) Rule of construction Nothing in subparagraph (A) may be construed to limit the information that the Commission may otherwise obtain in any proceeding or action instituted with respect to a violation of this section. (4) Response With respect to a justification offered by a manufacturer under paragraph (3), the Commission may— (A) rebut any evidence presented by a manufacturer during that justification; or (B) establish by a preponderance of the evidence that— (i) on balance, the pro-competitive benefits from the conduct described in subparagraph (A) or (B) of paragraph (1), as applicable, do not outweigh any anticompetitive effects of the conduct, even in consideration of the justification so offered; or (ii) (I) the conduct described in paragraph (1) is not reasonably necessary to address or achieve the justifications described in clause (ii) of paragraph (3)(A); or (II) the justifications described in clause (ii) of paragraph (3)(A) could be reasonably addressed or achieved through less anticompetitive means. (c) Enforcement (1) In general If the Commission has reason to believe that any manufacturer has violated, is violating, or is about to violate this section, or a rule promulgated under this section, the Commission may take any of the following actions: (A) Institute a proceeding under section 5(b). (B) In the same manner and to the same extent as provided in section 13(b), bring suit in a district court of the United States to temporarily enjoin the action of the manufacturer. (C) Bring suit in a district court of the United States, in which the Commission may seek— (i) to permanently enjoin the action of the manufacturer; (ii) any of the remedies described in paragraph (3); and (iii) any other equitable remedy, including ancillary equitable relief. (2) Judicial review (A) In general Notwithstanding any provision of section 5, any manufacturer that is subject to a final cease and desist order issued in a proceeding to enforce this section, or a rule promulgated under this section, may, not later than 30 days after the date on which the Commission issues the order, petition for review of the order in— (i) the United States Court of Appeals for the District of Columbia Circuit; or (ii) the court of appeals of the United States for the circuit in which the ultimate parent entity of the manufacturer is incorporated. (B) Treatment of findings In a review of a final cease and desist order conducted by a court of appeals of the United States under subparagraph (A), the factual findings of the Commission shall be conclusive if those facts are supported by the evidence. (3) Equitable remedies (A) Disgorgement (i) In general In a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, disgorgement of any unjust enrichment that a person obtained as a result of the violation that gives rise to the suit. (ii) Calculation Any disgorgement that is ordered with respect to a person under clause (i) shall be offset by any amount of restitution ordered under subparagraph (B). (iii) Limitations period The Commission may seek disgorgement under this subparagraph not later than 5 years after the latest date on which the person from which the disgorgement is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the disgorgement. (B) Restitution (i) In general In a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, restitution with respect to the violation that gives rise to the suit. (ii) Limitations period The Commission may seek restitution under this subparagraph not later than 5 years after the latest date on which the person from which the restitution is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the restitution. (4) Rules of construction Nothing in this subsection may be construed as— (A) requiring the Commission to bring a suit seeking a temporary injunction under paragraph (1)(B) before bringing a suit seeking a permanent injunction under paragraph (1)(C); or (B) affecting the authority of the Federal Trade Commission under any other provision of law. . (b) Applicability Section 27 of the Federal Trade Commission Act, as added by subsection (a), shall apply with respect to any— (1) conduct that occurs on or after the date of enactment of this Act; and (2) action or proceeding that is commenced on or after the date of enactment of this Act. (c) Antitrust laws Except to the extent subsection (a) establishes an additional basis for liability under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. 15 U.S.C. 12 15 U.S.C. 45 (d) Rulemaking The Federal Trade Commission may issue rules under section 553 of title 5, United States Code, to define any terms used in section 27 of the Federal Trade Commission Act, as added by subsection (a) (other than terms that are defined in subsection (a) of such section 27). 3. Title 35 amendments (a) In general Section 271(e) of title 35, United States Code, is amended— (1) in paragraph (2)(C), in the flush text following clause (ii), by adding at the end the following: With respect to a submission described in clause (ii), the act of infringement shall extend to any patent that claims the biological product, a method of using the biological product, or a method or product used to manufacture the biological product. (2) by adding at the end the following: (7) (A) Subject to subparagraphs (C), (D), and (E), if the sponsor of an approved application for a reference product, as defined in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) reference product sponsor subsection (k) applicant (B) The patents described in this subparagraph are patents that satisfy each of the following requirements: (i) Patents that claim the biological product that is the subject of an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) (ii) Patents that are included on the list of patents described in paragraph (3)(A) of section 351(l) of the Public Health Service Act ( 42 U.S.C. 262(l) (iii) Patents that— (I) have an actual filing date of more than 4 years after the date on which the reference product is approved; or (II) include a claim to a method in a manufacturing process that is not used by the reference product sponsor. (C) The court in which an action described in subparagraph (A) is brought may increase the number of patents limited under that subparagraph— (i) if the request to increase that number is made without undue delay; and (ii) (I) if the interest of justice so requires; or (II) for good cause shown, which— (aa) shall be established if the subsection (k) applicant fails to provide information required section 351(k)(2)(A) of the Public Health Service Act ( 42 U.S.C. 262(k)(2)(A) (bb) may be established— (AA) if there is a material change to the biological product (or process with respect to the biological product) of the subsection (k) applicant that is the subject of the application; (BB) if, with respect to a patent on the supplemental list described in section 351(l)(7)(A) of Public Health Service Act ( 42 U.S.C. 262(l)(7)(A) (CC) for another reason that shows good cause, as determined appropriate by the court. (D) In determining whether good cause has been shown for the purposes of subparagraph (C)(ii)(II), a court may consider whether the reference product sponsor has provided a reasonable description of the identity and relevance of any information beyond the subsection (k) application that the court believes is necessary to enable the court to form a belief with respect to whether a claim of infringement under this section could reasonably be asserted. (E) The limitation imposed under subparagraph (A)— (i) shall apply only if the subsection (k) applicant completes all actions required under paragraphs (2)(A), (3)(B)(ii), (5), (6)(C)(i), (7), and (8)(A) of section 351(l) of the Public Health Service Act ( 42 U.S.C. 262(l) (ii) shall not apply with respect to any patent that claims, with respect to a biological product, a method for using that product in therapy, diagnosis, or prophylaxis, such as an indication or method of treatment or other condition of use. . (b) Applicability The amendments made by subsection (a) shall apply with respect to an application submitted under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k)

Affordable Prescriptions for Patients Act of 2023

Bank Service Company Examination Coordination Act of 2023 This bill requires the coordination of state banking agencies with federal banking agencies in regulating and examining the activities of bank service companies. It also allows for the sharing of information related to examinations and regulations between federal and state agencies.

118 S1501 IS: Bank Service Company Examination Coordination Act of 2023 U.S. Senate 2023-05-09 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. 1501 IN THE SENATE OF THE UNITED STATES May 9, 2023 Mr. Cramer Ms. Warren Ms. Lummis Ms. Hirono Mr. Boozman Mr. Rounds Committee on Banking, Housing, and Urban Affairs A BILL To amend the Bank Service Company Act to provide improvements with respect to State banking agencies, and for other purposes. 1. Short title This Act may be cited as the Bank Service Company Examination Coordination Act of 2023 2. Bank Service Company Act improvements The Bank Service Company Act ( 12 U.S.C. 1861 et seq. (1) in section 1(b) ( 12 U.S.C. 1861(b) (A) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively; and (B) by inserting after paragraph (1) the following: (2) the term State banking agency State bank supervisor 12 U.S.C. 1813 ; (2) in section 5(a) ( 12 U.S.C. 1865(a) , in consultation with the State banking agency, agency (3) in section 7 ( 12 U.S.C. 1867 (A) in subsection (a)— (i) in the first sentence, by inserting or State banking agency agency (ii) in the second sentence, by inserting or State banking agency that (B) in subsection (c)— (i) in the matter preceding paragraph (1), by inserting or a State banking agency banking agency (ii) by striking such agency such Federal or State agency (C) by redesignating subsection (d) as subsection (f); (D) by inserting after subsection (c) the following: (d) Availability of information Information obtained pursuant to the regulation and examination of service providers under this section or applicable State law may be furnished by and accessible to Federal and State agencies to the same extent that supervisory information concerning depository institutions is authorized to be furnished to and required to be accessible by Federal and State agencies under section 7(a)(2) of the Federal Deposit Insurance Act ( 12 U.S.C. 1817(a)(2) (e) Coordination with State Banking Agencies If a State bank is principal shareholder, principal member, shareholder, or member of a bank service company, the appropriate Federal banking agency, in carrying out examinations authorized by this section, shall— (1) provide reasonable and timely notice to the State banking agency; and (2) to the fullest extent possible, coordinate and avoid duplication of examination activities, reporting requirements, and requests for information. ; (E) in subsection (f), as so redesignated, by inserting , in consultation with State banking agencies, agencies (F) by adding at the end the following: (g) Rule of construction Nothing in this section shall be construed as granting authority for a State banking agency to examine a bank service company if no such authority exists in State law. . 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

Bank Service Company Examination Coordination Act of 2023

Ensuring Peace Through Strength in Israel Act This bill makes mandatory an existing assessment of munitions needed by Israel in certain conflict scenarios and requires the assessment to address additional issues. (Current law authorizes the President to conduct joint assessments with the government of Israel about the quantity and type of precision-guided munitions that Israel would need in the event of sustained armed confrontations with armed groups and terrorist organizations.) Under the bill, the Department of Defense must make annual assessments from 2024 through 2028 about the quantity and type of munitions Israel needs to defend itself and prevail in the event of sustained armed confrontation with specified adversaries (for example, Iran or Hamas). The assessment must also address (1) whether sufficient quantities and types of such munitions exist in Israeli and U.S. stockpiles, and (2) the pace at which the United States could replenish Israeli stockpiles in the event of such conflicts.

115 S1504 IS: Ensuring Peace Through Strength in Israel Act U.S. Senate 2023-05-09 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. 1504 IN THE SENATE OF THE UNITED STATES May 9, 2023 Mr. Cotton Committee on Foreign Relations A BILL To ensure peace through strength in Israel by requiring a Department of Defense assessment of the quantity of precision-guided munitions and other munitions for use by Israel, and for other purposes. 1. Short title This Act may be cited as the Ensuring Peace Through Strength in Israel Act 2. Ensuring peace through strength in Israel (a) Department of Defense assessment Subsection (b) of section 1273 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 (b) Department of Defense assessment of quantity of precision-Guided munitions and other munitions for use by Israel (1) In general Not later than April 1, 2024, and annually thereafter through 2028, the Secretary of Defense shall conduct an assessment with respect to the following: (A) The quantity and type of precision-guided munitions necessary for Israel to protect Israel and prevail in the event of a sustained armed confrontation between Israel and the Islamic Republic of Iran and the proxy forces of the Islamic Republic of Iran, including Hezbollah and Hamas. (B) The quantity and type of other munitions necessary for Israel to protect Israel and prevail in the event of a sustained armed confrontation between Israel and the Islamic Republic of Iran and the proxy forces of the Islamic Republic of Iran, including Hezbollah and Hamas. (C) The quantity and type of precision-guided munitions necessary for Israel to protect Israel and prevail in the event of a sustained armed confrontation between Israel and Hezbollah. (D) The quantity and type of precision-guided munitions necessary for Israel to protect Israel and prevail in the event of a sustained armed confrontation between Israel and any other armed group or terrorist organization, such as Hamas. (E) The resources the Government of Israel would need to dedicate to acquire the quantity and type of munitions described in subparagraphs (A) through (D). (F) Whether, as of the date on which the applicable joint assessment is completed, sufficient quantities and types of munitions to conduct operations described in subparagraphs (A) through (D) are present in— (i) the inventory of the military forces of Israel; (ii) the War Reserves Stock Allies-Israel; (iii) any other United States stockpile or depot within the area of responsibility of United States Central Command, as the Secretary of Defense considers appropriate to disclose to the Government of Israel; or (iv) the inventory of the United States Armed Forces, as the Secretary of Defense considers appropriate to disclose to the Government of Israel. (G) United States planning— (i) to assist Israel to prepare for the contingencies described in subparagraphs (A) through (D); and (ii) to resupply Israel with the quantity and type of munitions described in subparagraphs (A) through (D) in the event of such a contingency. (H) The quantity and pace at which the United States is capable of pre-positioning, rapidly replenishing, or assisting in the rapid replenishment of stockpiles of such munitions in the inventory of the military forces of Israel and the War Reserves Stock Allies-Israel in preparation for, and to conduct, the operations described in subparagraphs (A) through (D). (2) Consultation In carrying out the assessment required by paragraph (1), the Secretary of Defense shall consult with the Government of Israel, provided that the Government of Israel agrees to be so consulted. . (b) Report Subsection (c) of such section is amended— (1) in the subsection heading, by striking Report Reports (2) in paragraph (1)— (A) in the paragraph heading, by striking In general Department of Defense assessment (B) by striking the President the Secretary of Defense (3) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); and (4) by inserting after paragraph (1) the following new paragraph (2): (2) Inventory Not later than 90 days after the date on which the report in paragraph (1) is submitted, and every 90 days thereafter through December 31, 2028, the Secretary of Defense shall submit to the appropriate congressional committees a report on the actions being taken and the progress made by the United States, since the date on which the preceding report under paragraph (1) was submitted, to pre-position and ensure that the inventory of the military forces of Israel and the War Reserves Stock Allies-Israel have sufficient quantities and types of munitions in preparation for, and to conduct, the operations described in subparagraphs (A) through (D) of subsection (b)(1), including procedures implemented by the United States for rapidly replenishing, or assisting in the rapid replenishment of, stockpiles of such munitions for use by Israel as may be necessary. .

Ensuring Peace Through Strength in Israel Act