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Countering Corporate Corruption in China Act of 2023 This bill expands the activity prohibited under the Foreign Corrupt Practices Act (FCPA) applicable to issuers of securities, domestic concerns, and others. (The FCPA generally prohibits bribes to foreign officials.) For example, the bill includes as prohibited corrupt practices certain activity supporting human rights abuses by China against Uyghurs, Kazakhs, and members of other predominately Muslim ethnic groups; certain activity supporting censorship or human rights abuses by China with respect to individuals in Hong Kong; supporting certain territorial claims by China; political advocacy in favor of the Chinese Communist Party; and investing in specified Chinese entities.
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114 S151 IS: Countering Corporate Corruption in China 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. 151 IN THE SENATE OF THE UNITED STATES January 30, 2023 Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to address corrupt practices of the Government of the People’s Republic of China, and for other purposes. 1. Short title This Act may be cited as the Countering Corporate Corruption in China Act of 2023 2. Findings Congress finds the following: (1) In section 1 of the National Security Study Memorandum issued on June 3, 2021 (relating to establishing the fight against corruption as a core United States national security interest), President Joseph R. Biden, Jr., established countering corruption as a core United States national security interest. (2) The practices of the Chinese Communist Party, the Government of the People’s Republic of China, and instrumentalities of the Government of the People’s Republic of China pose a unique challenge to the enforcement of section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 15 U.S.C. 78dd–2 corporate anti-corruption laws (3) The Chinese Communist Party, the Government of the People’s Republic of China, and instrumentalities of the Government of the People’s Republic of China routinely frustrate the enforcement of the corporate anti-corruption laws by leveraging access to the markets of the People’s Republic of China to cause companies that are subject to the corporate anti-corruption laws to improperly provide valuable benefits to those entities in the form of principally nonmonetary actions (referred to collectively in this section as corporate actions currying favor with the Chinese Communist Party (A) the hiring, promotion, or retention of Chinese Communist Party officials and children of those officials, such as the unlawful practices admitted to by certain entities subject to the corporate anti-corruption laws in what are commonly known as the princelings (B) political advocacy on behalf of the goals and policies of the Chinese Communist Party in the People’s Republic of China, the United States, and the rest of the world, including by— (i) assisting in the denial, obfuscation, or excusal of— (I) genocide and other atrocities committed by the Chinese Communist Party, the Government of the People’s Republic of China, and instrumentalities of the Government of the People’s Republic of China; (II) the extrajudicial detainment, subjection to forced labor, torture, and political indoctrination of, and other severe human rights abuses with respect to, Uyghurs, Kazakhs, Kyrgyz, and members of other predominantly Muslim ethnic groups by the Government of the People’s Republic of China in the Xinjiang Uyghur Autonomous Region of China (or comparable treatment of members of other ethnic, religious, and political groups who reside elsewhere in the People’s Republic of China); (III) censorship or other activities with respect to Hong Kong that— (aa) prohibit, limit, or penalize the exercise of freedom of expression or assembly by the citizens of Hong Kong; or (bb) limit access to free and independent print, online, or broadcast media; and (IV) the extrajudicial rendition, arbitrary detention, or torture of any individual in Hong Kong or other gross violations of internationally recognized human rights in Hong Kong; and (ii) supporting, legitimizing, or recognizing the unlawful territorial claims of the Government of the People’s Republic of China in Taiwan, Tibet, Korea, the South China Sea, the East China Sea, and other locations in which such claims are contested; and (C) investments without reasonable business purposes in industries targeted for support by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China, including by entering into a joint venture with such an instrumentality or an entity affiliated with such an instrumentality. (4) Corporate actions currying favor with the Chinese Communist Party are valuable to officials of the Chinese Communist Party, the Government of the People’s Republic of China, and instrumentalities of the Government of the People’s Republic of China, and constitute payments of value for the purposes of subsection (a) of each of the corporate anti-corruption laws, because those actions are— (A) directly or indirectly financially valuable to those officials due to— (i) the extent of corruption in the People’s Republic of China; (ii) the reliance of the economy of the People’s Republic of China on state-owned enterprises; and (iii) the integration of the party-state with business enterprises in the People’s Republic of China; and (B) valuable to the interests of the Chinese Communist Party, and officials of that Party, in a manner that is distinct from any independent economic or public interest rationale for those actions. (5) Corporate actions currying favor with the Chinese Communist Party are taken corruptly for the purposes of each of the corporate anti-corruption laws because those actions— (A) have no reasonable business purpose unrelated to obtaining or retaining business within the People’s Republic of China and instead relate to— (i) accessing markets within the jurisdiction of the People’s Republic of China; or (ii) avoiding injury threatened by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China; and (B) are morally wrongful to the extent that those actions contribute to denying, obfuscating, or excusing— (i) genocide and other atrocities; and (ii) the extrajudicial detainment, subjection to forced labor, torture, and political indoctrination of, and other severe human rights abuses with respect to, individuals by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China. (6) Despite the public and prominent undertaking of corporate actions currying favor with the Chinese Communist Party by individuals and entities that are subject to the corporate anti-corruption laws, the Federal Government has undertaken little enforcement with respect to those corporate actions due to an apparent difficulty in demonstrating that the actions are corrupt, or of value to a foreign official, because of the principally nonmonetary nature of those actions. (7) In addition to undermining the public interest in the enforcement of the corporate anti-corruption laws in the manner described in paragraphs (2) through (6), corporate actions currying favor with the Chinese Communist Party undermine the public interest in the enforcement of the laws of the United States, including— (A) sections 4 and 5 of the Act entitled An Act to ensure that goods made with forced labor in the Xinjiang Autonomous Region of the People’s Republic of China do not enter the United States market, and for other purposes Public Law 117–78 Uyghur Forced Labor Prevention Act (i) reducing the awareness of entities subject to, or potentially subject to, that Act regarding the application of that Act to activities in the Xinjiang Autonomous Region of the People’s Republic of China or elsewhere in the People’s Republic of China; (ii) aiding and abetting violations of that Act; and (iii) reducing the information available to law enforcement officials in the United States regarding the activities described in clause (i); and (B) United States sanctions laws with respect to persons and entities in the People’s Republic of China (collectively referred to in this section as the sanctions laws of the United States (i) including— (I) section 1237 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 50 U.S.C. 1701 (II) sections 4 and 5 of the Uyghur Forced Labor Prevention Act (including the amendment made by section 5 of that Act); (III) the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 22 U.S.C. 2656 (IV) Executive Order 13818 ( 50 U.S.C. 1701 (V) Executive Order 13959 ( 50 U.S.C. 1701 (VI) Executive Order 14032 ( 50 U.S.C. 1701 (ii) by facilitating investment in, or transactions with, entities in which investment is, or with which transactions are, prohibited under the sanctions laws of the United States by— (I) providing principally nonmonetary benefits of value to those entities, which, in turn, become financially valuable to those entities in a manner that is directly traceable to those benefits, such as with respect to raising capital from international capital markets; (II) investing in, or transacting with, entities not subject to the sanctions laws of the United States under circumstances that suggest that those entities will, in turn, invest in or transact with other entities that are subject to the sanctions laws of the United States; and (III) reducing the information available to law enforcement officials in the United States for the purpose of enforcing the sanctions laws of the United States. (8) The requirements of this Act, and the amendments made by this Act, are justified by— (A) the public interest in mitigating the threats to the enforcement of the corporate anti-corruption laws, and the sanctions laws of the United States, that are posed by the Chinese Communist Party, the Government of the People’s Republic of China, and instrumentalities of the Government of the People’s Republic of China; (B) the foreign policy interests achieved by this Act and the amendments made by this Act; and (C) the fact that those requirements— (i) are confined to the specific conduct of entities and persons subject to the corporate anti-corruption laws based on observable patterns of behavior demonstrated by those entities and persons; and (ii) do not subject any entity or person described in clause (i) to any criminal penalty. 3. Amendments regarding prohibited foreign trade practices (a) Issuers (1) In general Section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 (A) in subsection (f), by adding at the end the following: (4) The term covered investment (A) means any direct or indirect contribution or commitment of assets, including any— (i) acquisition of an equity interest or convertible equity interest; or (ii) loan or other debt interest; and (B) does not include a transaction in goods or services, or any related party transaction, with a wholly owned subsidiary of an entity— (i) that is incorporated in a jurisdiction of the United States; or (ii) the principal place of business of which is in the United States. ; and (B) by adding at the end the following: (h) Application For the purposes of this section— (1) an action that is taken corruptly includes an action that serves to— (A) deny, obfuscate, or excuse that a third party has committed, or assist a third party in committing— (i) the extrajudicial detainment, subjection to forced labor, torture, and political indoctrination of, and other severe human rights abuses with respect to, Uyghurs, Kazakhs, Kyrgyz, and members of other predominantly Muslim ethnic groups by the Government of the People’s Republic of China in the Xinjiang Uyghur Autonomous Region of China (or comparable treatment of members of other ethnic, religious, and political groups who reside elsewhere in the People’s Republic of China); (ii) censorship, or another activity, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China with respect to Hong Kong that— (I) prohibits, limits, or penalizes the exercise of freedom of expression or assembly by citizens of Hong Kong; or (II) limits access to free and independent print, online, or broadcast media; or (iii) the extrajudicial rendition, arbitrary detention, or torture of any individual in Hong Kong or other gross violations of internationally recognized human rights in Hong Kong; (B) support, legitimize, or recognize the territorial claims of the Government of the People’s Republic of China in Taiwan, Tibet, Korea, the South China Sea, the East China Sea, or another location in which such a claim is contested; (C) express political advocacy in favor of the Chinese Communist Party, the system of governance of that Party, or any official of that Party; or (D) make a covered investment— (i) in partnership with the Belt and Road Initiative of the Government of the People’s Republic of China; or (ii) in any entity (including a parent, subsidiary, or affiliate of, or another entity controlled by an entity) that is— (I) (aa) affiliated with the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China; and (bb) involved in the development, production, or sale of emerging or foundational technology identified pursuant to section 1758 of the Export Controls Act of 2018 ( 50 U.S.C. 4817 (II) on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; and (2) an action described in paragraph (1) is made with respect to a foreign official, or any foreign political party or official thereof, if, among other reasons, the action is taken in response to— (A) a request of any foreign official, or any foreign political party or official thereof, as applicable; (B) an injury or threat of injury, by means of economic coercion, to the applicable issuer, or to an officer, director, employee, or agent of the applicable issuer, made by any foreign official or any foreign political party or official thereof; or (C) a material action or announcement, including with respect to policy, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China from which the action would rationally follow. (i) Special rules Notwithstanding any other provision of this section, with respect to a violation of subsection (a) or (g) that is based on an action taken corruptly as described in any of subparagraphs (A) through (D) of subsection (h)(1)— (1) the affirmative defenses under subsection (c) shall not be available; (2) it shall be an affirmative defense to actions under subsection (a) or (g) that the payment, gift, offer, or promise of anything of value that was made, as of the date on which it was made, had a reasonable business purpose, which does not include a purpose relating to— (A) advertising, marketing, or public relations; or (B) entering into or obtaining any agreement, license, permit, or other arrangement with respect to market access to a jurisdiction of a government; (3) notwithstanding section 32— (A) only a penalty described in subsection (c)(1)(B) or (c)(2)(B) of that section may apply with respect to the violation; and (B) the minimum amount of the civil penalty assessed for the violation shall be 3 times the amount of the penalty described in subsection (c)(1)(B) or (c)(2)(B) of that section, as applicable; and (4) in an action brought with respect to the violation, evidence that the action taken by the applicable issuer (or the officer, director, employee, or agent of the issuer, or stockholder acting on behalf of such issuer) was directly or indirectly inconsistent with the policies of the issuer, including any representation to the Federal Government by the issuer, shall be admissible to prove that the action taken by the issuer (or officer, director, employee, agent, or stockholder) was taken corruptly for the purposes of subsection (a) or (g), as applicable. . (2) Rule of construction Nothing in subsection (h) of section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 corruptly to any foreign official to any foreign political party or official thereof (b) Domestic concerns (1) In general Section 104 of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–2 (A) in subsection (h), by adding at the end the following: (6) The term covered investment (A) means any direct or indirect contribution or commitment of assets, including any— (i) acquisition of an equity interest or convertible equity interest; or (ii) loan or other debt interest; and (B) does not include a transaction in goods or services, or any related party transaction, with a wholly owned subsidiary of an entity— (i) that is incorporated in a jurisdiction of the United States; or (ii) the principal place of business of which is in the United States. ; and (B) by adding at the end the following: (j) Application For the purposes of this section— (1) an action that is taken corruptly includes an action that serves to— (A) deny, obfuscate, or excuse that a third party has committed, or assist a third party in committing— (i) the extrajudicial detainment, subjection to forced labor, torture, and political indoctrination of, and other severe human rights abuses with respect to, Uyghurs, Kazakhs, Kyrgyz, and members of other predominantly Muslim ethnic groups by the Government of the People’s Republic of China in the Xinjiang Uyghur Autonomous Region of China (or comparable treatment of members of other ethnic, religious, and political groups who reside elsewhere in the People’s Republic of China); (ii) censorship, or another activity, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China with respect to Hong Kong that— (I) prohibits, limits, or penalizes the exercise of freedom of expression or assembly by citizens of Hong Kong; or (II) limits access to free and independent print, online, or broadcast media; or (iii) the extrajudicial rendition, arbitrary detention, or torture of any individual in Hong Kong or other gross violations of internationally recognized human rights in Hong Kong; (B) support, legitimize, or recognize the territorial claims of the Government of the People’s Republic of China in Taiwan, Tibet, Korea, the South China Sea, the East China Sea, or another location in which such a claim is contested; (C) express political advocacy in favor of the Chinese Communist Party, the system of governance of that Party, or any official of that Party; or (D) make a covered investment— (i) in partnership with the Belt and Road Initiative of the Government of the People’s Republic of China; or (ii) in any entity (including a parent, subsidiary, or affiliate of, or another entity controlled by an entity) that is— (I) (aa) affiliated with the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China; and (bb) involved in the development, production, or sale of emerging or foundational technology identified pursuant to section 1758 of the Export Controls Act of 2018 ( 50 U.S.C. 4817 (II) on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; and (2) an action described in paragraph (1) is made with respect to a foreign official, or any foreign political party or official thereof, if, among other reasons, the action is taken in response to— (A) a request of any foreign official, or any foreign political party or official thereof, as applicable; (B) an injury or threat of injury, by means of economic coercion, to the applicable domestic concern, or to an officer, director, employee, or agent of the applicable domestic concern, made by any foreign official or any foreign political party or official thereof; or (C) a material action or announcement, including with respect to policy, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China from which the action would rationally follow. (k) Special rules Notwithstanding any other provision of this section, with respect to a violation of subsection (a) or (i) that is based on an action taken corruptly as described in any of subparagraphs (A) through (D) of subsection (j)(1)— (1) the affirmative defenses under subsection (c) shall not be available; (2) it shall be an affirmative defense to actions under subsection (a) or (i) that the payment, gift, offer, or promise of anything of value that was made, as of the date on which it was made, had a reasonable business purpose, which does not include a purpose relating to— (A) advertising, marketing, or public relations; or (B) entering into or obtaining any agreement, license, permit, or other arrangement with respect to market access to a jurisdiction of a government; (3) notwithstanding any provision of subsection (g)— (A) only a penalty described in paragraph (1)(B) or (2)(B) of that subsection may apply with respect to the violation; and (B) the minimum amount of the civil penalty assessed for the violation shall be 3 times the amount of the penalty described in paragraph (1)(B) or (2)(B) of that subsection, as applicable; and (4) in an action brought with respect to the violation, evidence that the action taken by the applicable domestic concern (or the officer, director, employee, or agent of the domestic concern, or stockholder acting on behalf of such domestic concern) was directly or indirectly inconsistent with the policies of the domestic concern, including any representation to the Federal Government by the domestic concern, shall be admissible to prove that the action taken by the domestic concern (or officer, director, employee, agent, or stockholder) was taken corruptly for the purposes of subsection (a) or (i), as applicable. . (2) Rule of construction Nothing in subsection (j) of section 104 of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–2 corruptly to any foreign official to any foreign political party or official thereof (c) Persons other than issuers or domestic concerns (1) In general Section 104A of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–3 (A) in subsection (f), by adding at the end the following: (6) The term covered investment (A) means any direct or indirect contribution or commitment of assets, including any— (i) acquisition of an equity interest or convertible equity interest; or (ii) loan or other debt interest; and (B) does not include a transaction in goods or services, or any related party transaction, with a wholly owned subsidiary of an entity— (i) that is incorporated in a jurisdiction of the United States; or (ii) the principal place of business of which is in the United States. ; and (B) by adding at the end the following: (g) Application For the purposes of this section— (1) an action that is taken corruptly includes an action that serves to— (A) deny, obfuscate, or excuse that a third party has committed, or assist a third party in committing— (i) the extrajudicial detainment, subjection to forced labor, torture, and political indoctrination of, and other severe human rights abuses with respect to, Uyghurs, Kazakhs, Kyrgyz, and members of other predominantly Muslim ethnic groups by the Government of the People’s Republic of China in the Xinjiang Uyghur Autonomous Region of China (or comparable treatment of members of other ethnic, religious, and political groups who reside elsewhere in the People’s Republic of China); (ii) censorship, or another activity, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China with respect to Hong Kong that— (I) prohibits, limits, or penalizes the exercise of freedom of expression or assembly by citizens of Hong Kong; or (II) limits access to free and independent print, online, or broadcast media; or (iii) the extrajudicial rendition, arbitrary detention, or torture of any individual in Hong Kong or other gross violations of internationally recognized human rights in Hong Kong; (B) support, legitimize, or recognize the territorial claims of the Government of the People’s Republic of China in Taiwan, Tibet, Korea, the South China Sea, the East China Sea, or another location in which such a claim is contested; (C) express political advocacy in favor of the Chinese Communist Party, the system of governance of that Party, or any official of that Party; or (D) make a covered investment— (i) in partnership with the Belt and Road Initiative of the Government of the People’s Republic of China; or (ii) in any entity (including a parent, subsidiary, or affiliate of, or another entity controlled by an entity) that is— (I) (aa) affiliated with the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China; and (bb) involved in the development, production, or sale of emerging or foundational technology identified pursuant to section 1758 of the Export Controls Act of 2018 ( 50 U.S.C. 4817 (II) on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; and (2) an action described in paragraph (1) is made with respect to a foreign official, or any foreign political party or official thereof, if, among other reasons, the action is taken in response to— (A) a request of any foreign official, or any foreign political party or official thereof, as applicable; (B) an injury or threat of injury, by means of economic coercion, to the applicable person, or to an officer, director, employee, or agent of the applicable person, made by any foreign official or any foreign political party or official thereof; or (C) a material action or announcement, including with respect to policy, by the Chinese Communist Party, the Government of the People’s Republic of China, or instrumentalities of the Government of the People’s Republic of China from which the action would rationally follow. (h) Special rules Notwithstanding any other provision of this section, with respect to a violation of subsection (a) that is based on an action taken corruptly as described in any of subparagraphs (A) through (D) of subsection (g)(1)— (1) the affirmative defenses under subsection (c) shall not be available; (2) it shall be an affirmative defense to actions under subsection (a) that the payment, gift, offer, or promise of anything of value that was made, as of the date on which it was made, had a reasonable business purpose, which does not include a purpose relating to— (A) advertising, marketing, or public relations; or (B) entering into or obtaining any agreement, license, permit, or other arrangement with respect to market access to a jurisdiction of a government; (3) notwithstanding any provision of subsection (e)— (A) only a penalty described in paragraph (1)(B) or (2)(B) of that subsection may apply with respect to the violation; and (B) the minimum amount of the civil penalty assessed for the violation shall be 3 times the amount of the penalty described in paragraph (1)(B) or (2)(B) of that subsection, as applicable; and (4) in an action brought with respect to the violation, evidence that the action taken by the applicable person was directly or indirectly inconsistent with the policies of the person, including any representation to the Federal Government by the person, shall be admissible to prove that the action taken by the person was taken corruptly for the purposes of subsection (a). . (2) Rule of construction Nothing in subsection (g) of section 104A of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–3 corruptly to any foreign official to any foreign political party or official thereof
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Countering Corporate Corruption in China Act of 2023
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GAO Inspector General Parity Act This bill makes changes to provisions relating to the Inspector General (IG) of the Government Accountability Office (GAO). Specifically, if the IG is removed from office or transferred to another position or location within GAO, GAO must communicate in writing the substantive rationale, including detailed and case-specific reasons, for any such removal or transfer to both chambers of Congress not later than 30 days before the removal or transfer. Only the Comptroller General may place the IG on non-duty status, subject to specified requirements. The bill modifies the IG's rate of pay to make it comparable to other senior-level GAO employee rates of pay. GAO must include the annual budget request of the IG in the GAO budget without change. The IG shall obtain legal advice from a counsel reporting directly to the IG or another IG.
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118 S1510 ES: GAO Inspector General Parity 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. 1510 IN THE SENATE OF THE UNITED STATES AN ACT To amend provisions relating to the Office of the Inspector General of the Government Accountability Office, and for other purposes. 1. Short title This Act may be cited as the GAO Inspector General Parity Act 2. Office of the Inspector General of the Government Accountability Office Section 705 of title 31, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (2)— (i) by inserting (A) The Inspector General (ii) in subparagraph (A), as so designated, by striking the second sentence; and (iii) by adding at the end the following: (B) If the Inspector General is removed from office or is transferred to another position or location within the Government Accountability Office, the Comptroller General shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for any such removal or transfer to both Houses of Congress (including to the appropriate congressional committees), not later than 30 days before the removal or transfer. (C) If there is an open or completed inquiry into the Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under subparagraph (B) shall— (i) identify each entity that is conducting, or that conducted, the inquiry; and (ii) in the case of a completed inquiry, contain the findings made during the inquiry. (D) Nothing in this paragraph shall prohibit a personnel action otherwise authorized by law, other than transfer or removal. ; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) (A) Subject to the other provisions of this paragraph, only the Comptroller General may place the Inspector General on non-duty status. (B) If the Comptroller General places the Inspector General on non-duty status, the Comptroller General shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the change in status takes effect, except that the Comptroller General may submit that communication not later than the date on which the change in status takes effect if— (i) the Comptroller General has made a determination that the continued presence of the Inspector General in the workplace poses a specific threat; and (ii) in the communication, the Comptroller General includes a report on the determination described in clause (i), which shall include— (I) the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i); (II) an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and (III) in the case of an inquiry described in subclause (II) that is completed, the findings made during that inquiry. (C) The Comptroller General may not place the Inspector General on non-duty status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (2)(A) unless the Comptroller General— (i) has made a determination that the continued presence of the Inspector General in the workplace poses a specific threat; and (ii) not later than the date on which the change in status takes effect, submits to both Houses of Congress (including to the appropriate congressional committees) a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph. (D) Nothing in this paragraph may be construed to limit or otherwise modify any statutory protection that is afforded to the Inspector General or a personnel action that is otherwise authorized by law. ; (2) in subsection (f)— (A) by striking The Comptroller General (1) Prohibition The Comptroller General ; and (B) by adding at the end the following: (2) Budget independence The Comptroller General shall include the annual budget request of the Inspector General in the budget of the Government Accountability Office without change. ; and (3) in subsection (g)— (A) in paragraph (1), in the second sentence, by striking , except that no personnel of the Office may be paid at an annual rate greater than $1,000 less than the annual rate of pay of the Inspector General (B) by adding at the end the following: (5) Legal advice The Inspector General shall, in accordance with applicable laws and regulations governing selections, appointments, and employment at the Government Accountability Office, obtain legal advice from a counsel reporting directly to the Inspector General or another Inspector General. . Passed the Senate November 16 (legislative day, November 15), 2023. Secretary
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GAO Inspector General Parity Act
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Supporting Apprenticeship Colleges Act of 2023 This bill directs the Department of Education to award grants to institutions of higher education that sponsor construction and manufacturing-oriented registered apprenticeship programs for (1) expanding or supporting outreach to high schools, local businesses, local workforce development boards, and apprenticeship intermediaries; and (2) providing advising and support services to students who are enrolled in these apprenticeship programs.
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118 S1516 IS: Supporting Apprenticeship Colleges Act of 2023 U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1516 IN THE SENATE OF THE UNITED STATES May 10, 2023 Ms. Smith Committee on Health, Education, Labor, and Pensions A BILL To authorize funding to expand and support enrollment at institutions of higher education that sponsor construction and manufacturing-oriented registered apprenticeship programs, and for other purposes. 1. Short title This Act may be cited as the Supporting Apprenticeship Colleges Act of 2023 2. Community outreach grant program (a) In general From the amounts appropriated under subsection (f), the Secretary, in consultation with the Secretary of Labor, shall provide grants to eligible entities for the purposes of expanding or supporting potential student and employer outreach carried out by such entities with respect to the construction and manufacturing-oriented registered apprenticeship programs offered by such entities. (b) Amounts The total grant amount made to an eligible entity under this section may not exceed $500,000. (c) Use of grants An eligible entity that receives a grant under this section shall use such grant for the outreach described in subsection (a), which shall include the following: (1) Outreach to high schools, for the purpose of educating students, parents, guardians, and faculty on the benefits of enrolling students in the construction and manufacturing-oriented registered apprenticeship program offered by the eligible entity. (2) Outreach to local businesses and other potential employers for the purpose of educating such employers on the benefits of supporting and hiring graduates of such program, which shall— (A) primarily target relationship building with potential employers in rural, exurban, and suburban areas; and (B) seek to maximize the number of students who work in such areas after completing such program. (3) Outreach to local workforce development boards and apprenticeship intermediaries for the purpose of reaching nontraditional student populations and prioritizing local needs. (d) Application requirements An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that demonstrate outreach efforts targeted at increasing program enrollment for rural students, first generation college students, minority students, and nontraditional students, or other students from underrepresented population. (f) Authorization of appropriations There are authorized to be appropriated $5,000,000 to carry out this section for each of the fiscal years 2024 through 2028. 3. Student support grant program for expanded academic advising (a) In general From the amounts appropriated under subsection (g), the Secretary, in consultation with the Secretary of Labor, shall provide grants to eligible entities for the activities described in subsection (d). (b) Amounts The total grant amount made to an eligible entity under this section may not exceed $500,000. (c) Multiple grants permitted An eligible entity may receive a grant under sections 2 and 3. (d) Use of grants (1) In general An eligible entity that receives a grant under this section shall use such grant for advising and support services to enrollees of construction and manufacturing-oriented registered apprenticeship programs offered by such entity to increase retention, persistence, and completion for students. (2) Requirements Such advising and support services shall include the following: (A) Expanding academic advising programs that provide services to students, including— (i) career advising and professional development; (ii) support for English as a second language students; (iii) information and resource systems; (iv) mentoring systems; or (v) other similar advising activities that support enrollment, retention, persistence, and completion. (B) Expanding student support programs that provide services to students, including— (i) health and family-related services, including substance abuse disorder and mental health counseling; (ii) support for first generation college students; (iii) childcare support; or (iv) other similar support activities. (e) Application requirements An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Report (1) In general An eligible entity that receives a grant under this section shall submit to the Secretary a report on— (A) the activities supported by the grant; (B) the number of students participating in the activities supported by the grant; (C) the percentage of students participating in the activities supported by the grant who are high school students; (D) the progress made in achieving the goals of the program supported by the grant, in general, and measuring in particular— (i) the effectiveness of the grant in expanding overall enrollment and program and apprenticeship completion rates and certification; (ii) the effectiveness of the grant in expanding enrollment and program completion rates for underrepresented populations; and (iii) any progress made towards the type of indicators of performance as described in section 116(b)(2)(A) of the Workforce Innovation and Opportunity ( 29 U.S.C. 3141(b)(2)(A) (E) such other information as the Secretary determines to be appropriate. (2) Timeline for submission of report The report under paragraph (1) shall be submitted to the Secretary not later than 180 days after the date on which the eligible entity concludes the activities supported by the grant under this section. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2024 through 2028. 4. Definitions In this Act: (1) Construction and manufacturing-oriented apprenticeship college The term construction and manufacturing-oriented apprenticeship college (2) Construction and manufacturing-oriented registered apprenticeship program The term construction and manufacturing-oriented registered apprenticeship program (A) provides coursework and training in preparation for employment in the construction or manufactory industry (such as employment as a painter, drywall finisher, glazier, or glassworker); (B) (i) leads to a recognized postsecondary credential other than a certificate of completion of an apprenticeship; or (ii) awards credits that can be applied toward a recognized postsecondary credential at least at the institution that sponsors the program; and (C) is accredited by a nationally recognized accrediting agency or association recognized by the Secretary pursuant to part H of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1099a et seq. (3) Eligible entity The term eligible entity (4) First generation college student The term first generation college student 20 U.S.C. 1070a–11(h) (5) High school The term high school 20 U.S.C. 7801 (6) Institution of higher education The term institution of higher education 20 U.S.C. 1001(a) (7) Outreach The term outreach (8) Recognized postsecondary credential The term recognized postsecondary credential 29 U.S.C. 3102 (9) Registered apprenticeship program The term registered apprenticeship program National Apprenticeship Act 29 U.S.C. 50 et seq. (10) Second language The term second language (11) Secretary The term Secretary (12) Underrepresented population The term underrepresented population
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Supporting Apprenticeship Colleges Act of 2023
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Southeast Asia Partnership Expansion Act This bill expands a Department of Defense (DOD) program that focuses on improving cyber readiness and cooperation with the military forces of certain Southeast Asian countries. DOD currently has authority to conduct a pilot program to (1) enhance the cyber security, resilience, and readiness of the military forces of Vietnam, Thailand, and Indonesia; and (2) increase regional cooperation on cyber issues between the United States and these countries. The bill expands this program to include the military forces of the Philippines and Malaysia, extends the program through 2029, and establishes that the cyber enhancements are to be defensive.
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116 S1517 IS: Southeast Asia Partnership Expansion Act U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1517 IN THE SENATE OF THE UNITED STATES May 10, 2023 Ms. Duckworth Committee on Foreign Relations A BILL To extend and modify a pilot program to improve cyber cooperation with foreign military partners in Southeast Asia. 1. Short title This Act may be cited as the Southeast Asia Partnership Expansion Act 2. Extension and modification of pilot program to improve cyber cooperation with foreign military partners in Southeast Asia (a) In general Subsection (a) of section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 10 U.S.C. 333 (1) in the matter preceding paragraph (1), by striking in Vietnam, Thailand, and Indonesia with covered foreign military partners (2) in paragraph (1)— (A) by inserting defensive cyber (B) by striking Vietnam, Thailand, and Indonesia covered foreign military partners (3) in paragraph (2), by striking Vietnam, Thailand, and Indonesia on covered foreign military partners on defensive (b) Elements Subsection (b) of such section is amended— (1) in paragraph (1), by striking Vietnam, Thailand, and Indonesia covered foreign military partners (2) in paragraph (2), by striking Vietnam, Thailand, and Indonesia covered foreign military partners (c) Reports Subsection (c)(2)(B) of such section is amended by striking Vietnam, Thailand, and Indonesia covered foreign military partners (d) Certification Subsection (d) of such section is amended— (1) by inserting with any covered foreign military partner scheduled to commence (2) by striking Vietnam, Indonesia, or Thailand the covered foreign military partner (e) Extension Subsection (e) of such section is amended by striking December 31, 2024 December 31, 2029 (f) Definitions Subsection (f) of such section is amended to read as follows: (f) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. (2) Covered foreign military partner The term covered foreign military partner (A) Vietnam; (B) Thailand; (C) Indonesia; (D) the Philippines; and (E) Malaysia. . (g) Conforming amendments (1) Section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 10 U.S.C. 333 Vietnam, Thailand, and Indonesia covered foreign military partners in Southeast Asia (2) The table of contents for the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia. . (3) The table of contents for title XII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia. .
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Southeast Asia Partnership Expansion Act
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Community and Hydropower Improvement Act This bill modifies requirements for hydropower projects, including by accelerating and coordinating the environmental review of the licensing of hydropower projects; expediting the licensing process for closed-loop or off-stream pumped storage projects; expediting the licensing process for certain nonfederal hydropower projects at existing nonpowered dams; increasing the involvement of Indian tribes in the licensing process; directing federal agencies and Indian tribes to consider certain effects of dams, such as any adverse effects on fish species; requiring the Federal Energy Regulatory Commission to issue regulations that establish procedures for license surrender proceedings initiated by licensees; and establishing a Licensing Administration Reimbursement Fund.
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102 S1521 IS: Community and Hydropower Improvement Act U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1521 IN THE SENATE OF THE UNITED STATES May 10, 2023 Mr. Daines Ms. Cantwell Committee on Energy and Natural Resources A BILL To amend the Federal Power Act to modernize and improve the licensing of non-Federal hydropower projects, and for other purposes. 1. Short title This Act may be cited as the Community and Hydropower Improvement Act 2. Definitions Section 3 of the Federal Power Act ( 16 U.S.C. 796 (1) in paragraph (2)— (A) by striking tribal lands embraced within Indian reservations, (B) by striking also land and interests in land held in legal title by the United States in trust for the benefit of an Indian Tribe; and (2) in paragraph (5), by inserting Indian Tribe, State, (3) by adding at the end the following: (30) Indian Tribe The term Indian Tribe 25 U.S.C. 5131 (31) Project effects The term project effects 16 U.S.C. 797d(c) . 3. General powers of the Federal Energy Regulatory Commission (a) Technical correction to the Energy Policy Act of 2005 and Federal Power Act (1) Energy Policy Act of 2005 (A) In general Section 241(a) of the Energy Policy Act of 2005 ( Public Law 109–58 after adequate protection and utilization of such reservation. after adequate protection and utilization of such reservation (B) Execution Subparagraph (A) and the amendments made by that subparagraph shall take effect as if included in the Energy Policy Act of 2005 ( 42 U.S.C. 15801 et seq. (2) Federal Power Act Section 4(e) of the Federal Power Act ( 16 U.S.C. 797(e) Federal Energy Regulatory Commission (b) Issuance of licenses Section 4(e) of the Federal Power Act ( 16 U.S.C. 797(e) (1) by striking the colon each place it appears and inserting a period; (2) in the fourth proviso, by striking And provided further (5) Notice; considerations On ; (3) in the third proviso, by striking Provided further (4) Public purposes In case ; (4) in the second proviso, by striking Provided further (3) Navigable waters No license ; (5) in the first proviso, by striking Provided (2) Reservation (A) In general Licenses ; (6) in the first sentence, by striking (e) To issue licenses (e) Issuance of licenses (1) In general To issue licenses ; (7) in paragraph (1) (as so designated), by striking , or to any State , or to any State, Indian Tribe, (8) in paragraph (2)(A) (as so designated)— (A) by striking the fourth sentence and inserting the following: (iii) Procedures Not later than 180 days after the date of enactment of the Community and Hydropwer Improvement Act (I) a forum for conditions submitted under section 33(a) to obtain a hearing; (II) a requirement that the party raising a disputed issue, or the proponent of an alternative, bears the burden of proof by a preponderance of the evidence; and (III) and opportunities for all parties to a trial-type hearing to participate in settlement negotiations before and after the hearing. ; (B) in the third sentence— (i) by striking by the relevant resource by the relevant (ii) by striking All disputed (ii) Requirement All disputed ; (C) in the second sentence— (i) by inserting , including alternative conditions submitted under section 33(a), as applicable on any disputed issues of material fact with respect to such conditions (ii) by striking The license applicant (B) Hearing (i) In general The license applicant ; and (D) in the first sentence, by striking shall deem necessary for the adequate protection and utilization of such reservation or the applicable Indian Tribe, as provided in section 37, shall deem— (i) necessary for the adequate protection and utilization of such reservation; and (ii) reasonably related to project effects on— (I) the reservation; and (II) the utilization of the reservation ; and (9) in paragraph (5) (as designated by paragraph (2)), by inserting addressing the effects of hydrologic alterations that may occur over the license term, the protection of recreational opportunities, (c) Preliminary permits; notice of application Section 4(f) of the Federal Power Act ( 16 U.S.C. 797(f) , Indian Tribe, in writing to any State 4. Approach to environmental review (a) In general Section 2403 of the Energy Policy Act of 1992 ( 16 U.S.C. 797d (1) in the section heading, by striking Third party contracting by FERC Approach to environmental review (2) in subsection (a)— (A) in the subsection heading, by striking Environmental impact statements Third-Party contracting by the Federal Energy Regulatory Commission (B) in the first sentence, by striking Where the Federal (1) Environmental impact statements If the Federal ; (3) in subsection (c), by striking This section This subsection (4) by redesignating subsections (b) and (c) as paragraphs (2) and (3), respectively, and indenting appropriately; and (5) by adding at the end the following: (b) Cooperation with other agencies (1) In general The Federal Energy Regulatory Commission shall request that any Federal, State, or local agency or Indian Tribe with a responsibility under the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (2) Effect Cooperation under paragraph (1) shall not impair the right of a cooperating agency or Indian Tribe to participate as a party in a proceeding, subject to appropriate protections against ex parte communications. (c) Environmental effects (1) Definitions In this subsection: (A) Nonrecurring past effect The term nonrecurring past effect (i) may have been caused by— (I) the original construction or development of the project; or (II) prior operations of the project; but (ii) has no ongoing effect on environmental resources. (B) Ongoing effect The term ongoing effect (C) Project The term project 16 U.S.C. 796 (D) Project effects The term project effects (E) Reasonably foreseeable effect The term reasonably foreseeable effect (i) (I) in the case of new construction, would not occur or would be different, but for the construction, existence, operation, or maintenance of the project; or (II) in the case of no new construction, would not occur or would be different, but for the existence, operation, or maintenance of the project; and (ii) the Federal Energy Regulatory Commission, another agency, or an Indian Tribe determines, based on substantial evidence— (I) is not speculative or improbable; and (II) is supported by monitoring, modeling, or other scientific analysis that is generally accepted in the scientific community. (2) Required considerations In carrying out any authorities and responsibilities under part I of the Federal Power Act ( 16 U.S.C. 792 et seq. (A) shall consider ongoing and reasonably foreseeable effects of any existing dam and other appurtenant project works included as part of an application under part I of the Federal Power Act ( 16 U.S.C. 792 et seq. (B) shall not consider nonrecurring past effects of the dam and other appurtenant works of the project; (C) (i) shall consider whether the project has an adverse effect on any fish species; and (ii) if a determination is made in the affirmative under clause (i), shall consider passage and nonpassage strategies for reasonably mitigating the adverse effect, as appropriate, based on— (I) the extent and quality of habitat upstream and downstream of the project, including the feasibility of creating new habitat or improving existing habitat through habitat improvement projects; (II) off-site mitigation as provided in section 39 of the Federal Power Act; (III) risks to the health of the fish and the river system associated with both passage and nonpassage strategies; (IV) costs of construction, operation, and maintenance associated with both passage and nonpassage strategies; and (V) such other biological, operational, and economic factors determined to be relevant by the Federal Energy Regulatory Commission, other agencies, and Indian Tribes; (D) shall evaluate reasonably foreseeable project effects on hydrologic patterns, other aspects of environmental quality and developmental uses during the term of the license, based on fieldwork investigations, literature reviews, resource monitoring, technical models, or other appropriate methodologies, consistent with generally accepted scientific practices; (E) shall— (i) for purposes of deploying a model under this subsection, encourage the preferential use of open-sourced technical models, subject to the limitation that nothing in this clause prohibits the use of a proprietary model or proprietary data; and (ii) for purposes of using or otherwise relying on a model or data under this subsection— (I) ensure the validity of the model or data through validation analysis entered into the record; and (II) provide for the model, including data and other modeling inputs and outputs, to be reasonably available for evaluation, operation, reporting, and review by licensing participants, subject to appropriate protections relating to— (aa) duplication or public disclosure of intellectual property associated with the model, such as software code or algorithms; and (bb) the public disclosure of proprietary or other data that would reveal trade secrets, other information that is competitively sensitive, or critical electric infrastructure information (as defined in section 215A(a) of the Federal Power Act ( 16 U.S.C. 824o–1(a) (F) shall consider reasonably foreseeable effects of hydrologic alterations over the license term in the region in which the project is located, including any change in project effects due to the hydrologic alterations and the potential of the project to contribute to the protection and enhancement of the beneficial public uses identified in paragraph (5) of section 4(e) and section 10(a)(1) of the Federal Power Act ( 16 U.S.C. 797(e) (G) shall ensure that any Federal requirements applicable in the project area under any applicable Federal treaty with an Indian Tribe, as determined by a court of competent jurisdiction, are met; (H) shall consider innovative solutions and emerging technologies as a means of meeting responsibilities and authorities under part I of the Federal Power Act ( 16 U.S.C. 792 et seq. (I) shall consider, based on an analysis prepared by the Federal Energy Regulatory Commission, impacts of the determination or decision of the Federal Energy Regulatory Commission, other agency, or Indian Tribe, as applicable, on— (i) grid reliability; (ii) any increase in the price of energy, power, and essential grid services to consumers of power; and (iii) the ability to integrate intermittent generation resources. (3) Technical conferences Not later than 180 days after the date of enactment of the Community and Hydropwer Improvement Act 16 U.S.C. 792 et seq. (d) Citations to record In carrying out authorities and responsibilities under the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. 16 U.S.C. 797(e) (1) cite to the specific parts of documents and other evidence that are the basis for the findings on issues of material fact for which the record contains inconsistent or conflicting information; and (2) state the basis for relying on the cited evidence for the purpose of making the findings on issues of material fact. . (b) Clerical amendment The table of contents for the Energy Policy Act of 1992 ( Public Law 102–486 Sec. 2403. Approach to environmental review. . 5. License duration, conditions, revocation, alteration, or surrender (a) Voluntary license surrender procedures Section 6 of the Federal Power Act ( 16 U.S.C. 799 (1) by striking the section designation and all that follows through Licenses under 6. License duration, conditions, revocation, alteration, or surrender (a) In general Licenses under ; and (2) by adding at the end the following: (b) Procedures for surrender of license (1) In general Not later than 1 year after the date of enactment of this subsection, the Commission, after providing for public notice and comment, shall promulgate regulations establishing procedures for license surrender proceedings initiated by a licensee. (2) Inclusions The regulations promulgated under paragraph (1) shall include— (A) a requirement for a licensee seeking a license surrender to prepare an initial public report that describes and analyzes— (i) the surrender proposal; (ii) any alternatives considered for the disposition of project works; (iii) any impacts of the proposed license surrender on— (I) grid reliability; (II) any increase in the price of energy, power, and essential grid services to consumers of power; and (III) the ability to integrate intermittent generating resources; and (iv) any benefits of the proposed license surrender to— (I) surrounding communities; and (II) the natural environment; (B) opportunities for the public— (i) to comment on— (I) the initial public report; and (II) the surrender application; (ii) to propose other alternatives for the disposition of project works for consideration by the Commission and licensee; and (iii) to otherwise participate in the surrender proceeding; (C) requirements for the licensee to consult with applicable Federal and State resource agencies, Indian Tribes, and interested members of the public before filing the surrender application with the Commission; (D) procedures to develop a schedule for each surrender proceeding; and (E) procedures to expedite the surrender proceeding for a license that does not— (i) present complex resource issues; (ii) involve significant controversy or public opposition; or (iii) require other major regulatory approvals. . (b) Effect on Federal dams (1) In general Nothing in this section (including an amendment made by this section) affects the continued operation of any federally owned dam, including the Federal dams on the Lower Snake River operated by the Corps of Engineers. (2) No precedent No action carried out under section 6 of the Federal Power Act ( 16 U.S.C. 799 6. Conditions of license; report requirement (a) Modification of plans; factors considered To secure adaptability of project; recommendations for proposed terms and conditions Section 10(a)(2) of the Federal Power Act ( 16 U.S.C. 803(a)(2) (D) Current and reasonably foreseeable future economic conditions material to the value of the project, over the term of the license, with respect to— (i) providing revenues from sales of power, generation capacity, and ancillary services; and (ii) other uses of the project. (E) Methods to collect and, as appropriate, publicly report hydrologic data relating to the operations of the project during a time interval appropriate for effective management of any affected waterways. . (b) Annual charges payable by licensees; maximum rates; application; review and report to congress Section 10(e) of the Federal Power Act ( 16 U.S.C. 803(e) (1) in paragraph (1), in the first sentence, by inserting , in accordance with paragraph (5) for purposes of administering their responsibilities under this part (2) by adding at the end the following: (5) In fixing reasonable annual charges under paragraph (1) for purposes of administering the responsibilities of the United States under this part, the Commission— (A) notwithstanding section 9701 of title 31, United States Code, section 3401 of the Omnibus Budget Reconciliation Act of 1986 ( 42 U.S.C. 7178 (B) shall not include costs of any department of the Federal Government or any agency, bureau, office, or other subdivision of the applicable department that are reimbursed directly to the applicable department or subdivision of the applicable department by the licensee or license applicant; (C) shall include costs of a third-party contractor retained by any department of the Federal Government or any agency, bureau, office, or other subdivision of the applicable department that are incurred in supporting the applicable department in administering the responsibilities of the applicable department under this part, if the costs— (i) are not otherwise reimbursed directly to the department or subdivision of the department, as provided in subparagraph (B); and (ii) meet the requirements of subparagraph (D); (D) shall provide a reasonable opportunity for public review and comment on the determinations of the Commission under subparagraphs (A) through (C) before issuing any bills for annual charges for purposes of the administration of this part under paragraph (1); and (E) shall— (i) respond to all comments received under subparagraph (D) before issuing any bills for annual charges for the administrative costs of the United States under this part under paragraph (1); and (ii) make any adjustments to the billing determinations in response to the comments received under subparagraph (D), as appropriate. . (c) Fish and wildlife protection, mitigation, and enhancement; consideration of recommendations; findings Section 10(j) of the Federal Power Act ( 16 U.S.C. 803(j) (1) in paragraph (1), by adding at the end the following: For any project that may affect fish and wildlife resources protected under a Federal treaty with an Indian Tribe, as determined by a court of competent jurisdiction, the conditions under this subsection shall be based on recommendations received from the applicable Indian Tribe. (2) in paragraph (2)— (A) in the first sentence, by inserting and Indian Tribes and statutory responsibilities of such agencies (B) in the second sentence, in the matter preceding subparagraph (A), by inserting or Indian Tribe a recommendation of any such agency (d) Supporting statement and use of existing studies Section 10 of the Federal Power Act ( 16 U.S.C. 803 (k) Supporting statement for certain license conditions (1) In general In any case in which the applicable Secretary exercises authority to submit a license condition to the Commission for inclusion in the license under section 4(e)(2), 18, 33, or 37 or through authority reserved in the license under 1 or more of those sections, the applicable Secretary shall include with the submitted condition or prescription a written statement— (A) demonstrating that the applicable Secretary considered alternatives to the submitted condition; (B) providing a scientific and technical rationale for— (i) the condition submitted; and (ii) any alternatives considered but not adopted; and (C) identifying specific facts relied on in the record. (2) Studies, data, and other factual information Along with the written statement included under paragraph (1), the applicable Secretary shall submit any studies, data, and other factual information relied on by the applicable Secretary that is relevant to the decision of the applicable Secretary. (l) Use of existing studies (1) In general To the extent reasonably practicable, the Commission and other Federal and State agencies with responsibilities under this part shall— (A) use relevant existing studies, monitoring information, and data; and (B) avoid duplicating current, existing studies that are applicable to the relevant project. (2) Written statement In requiring any new study or collection of information, the Commission and other Federal and State agencies and Indian Tribes with responsibilities under this part shall prepare a written statement that— (A) explains why the new study or other information is necessary to support the decisionmaking relative to the responsibilities of the applicable agency under this part; (B) identifies how existing information reasonably available to the applicable agency, including any monitoring information collected by the licensee during the existing license term, is inadequate to support the decisionmaking of the applicable agency; and (C) explains the manner in which the information produced by the required new study or other information supports the cost of producing the information. (3) Requirement In modifying or denying a request to require a new study or collection of information that is submitted to the Commission by another agency with responsibilities under this part, the Commission shall include in a written statement of the Commission an explanation of the manner in which the Commission considers the modification or denial to be consistent with— (A) the responsibilities of the requestor to compile a record under applicable law; and (B) the obligation of the Commission and other agencies to undertake to develop a joint study plan pursuant to section 38(c)(2). . (e) Report Section 10 of the Federal Power Act ( 16 U.S.C. 803 (m) Report Not later than 2 years after the date of enactment of this subsection, and every 5 years thereafter, the Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report, prepared in consultation with each affected licensee or exemptee under this part, that— (1) identifies any project or individual unit of development that— (A) is licensed, or exempted from the license requirements, under this part; and (B) has been continually out-of-service for not fewer than 5 years preceding the report; (2) explains the reason why each project or development has been out-of-service; (3) identifies any plans of the licensee and the Commission for the rehabilitation or other disposition of the project or development; and (4) describes the anticipated timelines and requirements of the Commission for the rehabilitation or other final disposition of the project or development. . 7. Disposition of charges arising from licenses Section 17 of the Federal Power Act ( 16 U.S.C. 810 (1) by striking the section designation and all that follows through (a) All proceeds 17. Disposition of charges arising from licenses (a) Receipts from charges All proceeds ; (2) in subsection (a)— (A) in the second sentence— (i) by striking be paid into the Treasury of the United States and credited to Miscellaneous receipts be deposited in the Licensing Administration Reimbursement Fund established by subsection (c) (ii) by striking and 50 per centum of the charges arising from all other licenses is hereunder is hereby reserved and, of the charges from all other licenses, 50 percent is reserved (iii) by striking navigable waters of the United States navigable waters of the United States, and 37.5 percent shall be deposited in the Licensing Administration Reimbursement Fund established by subsection (c) (B) in the third sentence, by striking into the Treasury of the United States and credited to miscellaneous receipts to the applicable department, or any agency, bureau, office, or other subdivision of the applicable department, in the amounts established by the Commission under section 10(e)(5) for the department, or agency, bureau, office, or other subdivision of the applicable department (3) in subsection (b), by striking the subsection designation and all that follows through In case of (b) Delinquency In case of ; and (4) by adding at the end the following: (c) Licensing administration reimbursement fund (1) In general There is established within the Treasury of the United States a fund, to be known as the Licensing Administration Reimbursement Fund Fund (2) Purpose The purpose of the Fund is to reimburse Indian Tribes, State fish and wildlife agencies, and other State natural and cultural resource agencies for any administrative costs of carrying out the responsibilities of Indian Tribes or the agencies under this part. (3) Contents The Fund shall consist of any amounts deposited in the Fund under subsection (a). (4) Requirement Amounts in the Fund shall be available to Indian Tribes, State fish and wildlife agencies, and other State natural and cultural resource agencies that document the participation of the Indian Tribe or agency in license proceedings for purposes of carrying out the responsibilities of the Indian Tribe or agency under this part. (5) Limitation Amounts in the Fund shall not be available for any costs that are otherwise reimbursable to an Indian Tribe, a State fish and wildlife agency, or a State natural and cultural resource agency. (6) Application; distribution The Commission shall establish standards governing the application for, and distribution of, amounts from the Fund. (7) Rulemaking Not later than 90 days after the date of enactment of this subsection, the Commission shall promulgate regulations, after providing public notice and an opportunity for comment, that establish the standards and process for the distribution and use of amounts from the Fund. . 8. Operation of navigation facilities; rules and regulations; penalties Section 18 of the Federal Power Act ( 16 U.S.C. 811 (1) in the first sentence, by inserting to address project effects and other relevant factors (2) in the second sentence, by inserting , including alternative prescriptions submitted under section 33(b), as applicable, on any disputed issues of material fact with respect to such fishways (3) in the third sentence, by striking relevant resource resource (4) by striking the fourth sentence and inserting the following: Not later than 180 days after the date of enactment of the Community and Hydropwer Improvement Act 9. Conduit hydroelectric facilities Section 30(c) of the Federal Power Act ( 16 U.S.C. 823a(c) (1) in the matter preceding paragraph (1), by inserting , affected Indian Tribes, consult with the United States Fish and Wildlife Service (2) in paragraph (1)— (A) by striking Fish and Wildlife Service National Marine Fisheries Service and the State agency United States Fish and Wildlife Service, National Marine Fisheries Service, and the State agency (B) by striking Act, and Act; and (3) in paragraph (2), by striking insure ensure 10. Alternative conditions and prescriptions (a) Alternative conditions Section 33(a) of the Federal Power Act ( 16 U.S.C. 823d(a) (1) in paragraph (1)— (A) by inserting or an Indian Tribe, as provided in section 37, (referred to in this subsection as the Secretary (B) by striking the first proviso of section 4(e) section 4(e)(2) (2) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking the first proviso of section 4(e) section 4(e)(2) (B) by striking the Secretary the Secretary or Indian Tribe (C) by striking subparagraphs (A) and (B) and inserting the following: (A) would result in improved protection or utilization of the reservation at no additional cost to the project, including the value of foregone power or energy as compared to the condition initially deemed to be necessary by the Secretary or applicable Indian Tribe; or (B) would— (i) be no less protective of the reservation than the condition initially deemed to be necessary by the Secretary or applicable Indian Tribe; and (ii) as compared to the condition initially deemed to be necessary by the Secretary or applicable Indian Tribe— (I) cost significantly less to implement; or (II) result in improved operation of the project works for electricity production. ; (3) in paragraph (3), by striking the Secretary the Secretary or Indian Tribe (4) by redesignating paragraph (5) as paragraph (6); (5) by striking paragraph (4) and inserting the following: (4) Public record The Secretary or applicable Indian Tribe shall submit into the public record of the Commission proceeding with any condition under section 4(e)(2) or alternative condition accepted by the Secretary or applicable Indian Tribe under this subsection a detailed analysis establishing and explaining how the condition adopted by the Secretary or applicable Indian Tribe meets the criteria under paragraph (2), as compared to— (A) the condition initially determined to be necessary by the Secretary or applicable Indian Tribe; and (B) each alternative condition proposed by the license applicant or any other party to the license proceeding, as provided in paragraph (1), that is not adopted by the Secretary or applicable Indian Tribe. (5) Written statement (A) In general Any submission by the Secretary under paragraph (4) shall include a written statement demonstrating that the Secretary gave equal consideration to the effects of the condition adopted and alternatives not adopted on— (i) energy supply, distribution, cost, and use; (ii) flood control; (iii) navigation; (iv) water supply; (v) hydrologic alterations that may occur over the license term; (vi) air quality; and (vii) the preservation of other aspects of environmental quality. (B) Basis The written statement included under subparagraph (A) shall be based on information available to the Secretary, including information voluntarily provided in a timely manner by the applicant and others. (C) Studies; data Along with the written statement included under subparagraph (A), the Secretary shall submit any studies, data, and other factual information available to the Secretary and relevant to the determination of the Secretary under paragraph (2). ; and (6) in paragraph (6) (as so redesignated)— (A) in the first sentence, by striking the Secretary’s final condition the final condition of the Secretary or applicable Indian Tribe (B) in the second sentence, by striking the Secretary the Secretary or applicable Indian Tribe (C) in the third sentence, by striking Secretary Secretary or applicable Tribe (D) in the fourth sentence— (i) by striking The Secretary The Secretary or applicable Indian Tribe (ii) by striking Secretary’s final written determination final written determination of the Secretary or applicable Indian Tribe (b) Alternative prescriptions Section 33(b) of the Federal Power Act ( 16 U.S.C. 823d(b) (1) in paragraph (1), by striking Secretary of Commerce Secretary of Commerce, as applicable (referred to in this subsection as the Secretary concerned (2) in paragraph (2)— (A) in the matter preceding subparagraph (A)— (i) by striking of the Interior or the Secretary of Commerce, as appropriate, concerned (ii) by striking of the appropriate department concerned (iii) by striking to the Secretary to the Secretary concerned (B) by striking subparagraphs (A) and (B) and inserting the following: (A) would result in improved protection for fish at no additional cost to the project, including the value of foregone power or energy, as compared to the fishway initially prescribed by the Secretary concerned; or (B) would— (i) be no less protective than the fishway initially prescribed by the Secretary concerned; and (ii) as compared to the fishway initially prescribed by the Secretary concerned— (I) cost significantly less to implement; or (II) result in improved operation of the project works for electricity production. ; (3) in paragraph (3), by striking the Secretary the Secretary concerned (4) by redesignating paragraph (5) as paragraph (6); (5) by striking paragraph (4) and inserting the following: (4) Public record The Secretary concerned shall submit into the public record of the Commission proceeding with any prescription under section 18 or alternative prescription accepted by the Secretary concerned under this subsection a detailed analysis establishing and explaining how the prescription adopted by the Secretary concerned meets the criteria under paragraph (2), as compared to— (A) the prescription initially prescribed by the Secretary concerned; and (B) each alternative proposed by the license applicant or any other party to the license proceeding, as provided in paragraph (1), that is not adopted by the Secretary concerned. (5) Written statement (A) In general Any submission by the Secretary concerned under paragraph (4) shall include a written statement demonstrating that the Secretary concerned gave equal consideration to the effects of the prescription adopted and alternatives not adopted on— (i) energy supply, distribution, cost, and use; (ii) flood control; (iii) navigation; (iv) water supply; (v) hydrologic alterations that may occur over the license term; (vi) air quality; and (vii) the preservation of other aspects of environmental quality. (B) Basis The written statement included under subparagraph (A) shall be based on information available to the Secretary concerned, including information voluntarily provided in a timely manner by the applicant and others. (C) Studies; data Along with the written statement included under subparagraph (A), the Secretary concerned shall submit any studies, data, and other factual information available to the Secretary concerned and relevant to the determination of the Secretary concerned under paragraph (2). ; and (6) in paragraph (6) (as so redesignated)— (A) in the first sentence, by striking the Secretary’s final prescription the final prescription of the Secretary concerned (B) in the second sentence, by striking the Secretary the Secretary concerned (C) in the third sentence, by striking Secretary Secretary concerned (D) in the fourth sentence— (i) by striking The Secretary The Secretary concerned (ii) by striking Secretary’s final written determination final written determination of the Secretary concerned 11. Promoting hydropower development at existing nonpowered dams Section 34 of the Federal Power Act ( 16 U.S.C. 823e (1) by striking subsection (c); (2) by redesignating subsections (a), (b), (d), (e), and (f) as subsections (b), (c), (g), (a), and (h), respectively, and moving the subsections so as to appear in alphabetical order; (3) in subsection (a) (as so redesignated)— (A) in paragraph (1)— (i) in subparagraph (D), by striking and (ii) in subparagraph (E), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (F) the Commission determines, after considering the notification of intent submitted by the applicant under subsection (e)(1), any supporting information, and comments received under subsection (e)(2)(A), and any consultation under subsection (e)(2)(B), that an expeditious licensing decision under this section is reasonably practicable, taking into consideration, as appropriate— (i) whether any applicable environmental or dam safety considerations demonstrate that the qualifying nonpowered dam associated with the qualifying facility is likely to be removed during the term of a license; (ii) whether existing information establishes that the qualifying nonpowered dam associated with the qualifying facility will no longer serve an existing public purpose during the term of a license; (iii) whether any adverse resource effect associated with the qualifying nonpowered dam, including lack of fish passage, is— (I) presently unmitigated; and (II) likely to remain unmitigated under future operation; (iv) whether the licensing of the facility by the Commission has the potential to mitigate or enhance environmental conditions associated with the qualifying nonpowered dam associated with the qualifying facility, including any preliminary protection, mitigation, and enhancement measures identified by the applicant; (v) whether the resource issues likely to be involved in the licensing process are unusual or complex; and (vi) whether information submitted with, or referenced in, the notification of intent is adequate to support the development of the license application. ; (B) by striking paragraph (2) and inserting the following: (2) Qualifying facility (A) In general The term qualifying facility (i) includes only— (I) the power house, power tunnel, penstocks, and tailrace; (II) any other water conveyance infrastructure connected directly to the powerhouse; (III) each primary line transmitting power from the facility to the point of junction with the distribution system or the interconnected primary transmission system; and (IV) any other new, miscellaneous structures used and useful in connection with the facility; and (ii) is determined under this section to meet the qualifying criteria. (B) Exclusions Notwithstanding subparagraph (A)(i)(IV) and section 3(11), the term qualifying facility (i) a dam or appurtenant work or structure (including a navigation structure); (ii) a dike; (iii) any other water retention or diversion infrastructure; (iv) an impoundment; (v) a shoreline; (vi) an access road; or (vii) any recreational or other infrastructure associated with an existing nonpowered dam or impoundment. ; and (C) in paragraph (3)— (i) in the matter preceding subparagraph (A), by inserting Federal or non-Federal means any (ii) by striking subparagraph (C) and inserting the following: (C) that— (i) for a non-Federal dam— (I) as of October 23, 2018, is not generating electricity using any hydropower-generating facility that is— (aa) licensed under this part; or (bb) exempted from the license requirements contained in this part; and (II) is regulated by an established dam safety program of the State in which the non-Federal dam is located; or (ii) for a Federal dam— (I) is available for non-Federal power development; and (II) (aa) is not equipped with power generating equipment; or (bb) has available incremental generation potential for non-Federal power development. ; (4) in subsection (b) (as so redesignated)— (A) in the subsection heading, by inserting Certain Process for (B) in paragraph (1)— (i) by striking As provided in this section, the Commission may issue and amend The Commission may issue (ii) by inserting in accordance with this section (C) by striking paragraph (2) and inserting the following: (2) Updating regulations Not later than 180 days after the date of enactment of the Community and Hydropower Improvement Act ; (D) in paragraph (3)— (i) in subparagraph (A)— (I) by striking (A) In establishing the expedited process (A) In general In updating regulations ; and (II) by striking and Indian tribes , Indian Tribes, and the public (ii) by striking subparagraph (B) and inserting the following: (B) Workshops and meetings Before issuing any proposed rule for public comment pursuant to paragraph (2), the Commission shall convene workshops and other meetings with the interagency task force under this paragraph to develop procedures that allow the Commission and appropriate Federal and State agencies and Indian Tribes to exercise authority in accordance with subsection (d). ; and (E) by striking paragraph (4) and inserting the following: (4) Deadline The Commission shall issue a final decision regarding an application for a license for a qualifying facility submitted under subsection (e)(3) not later than 2 years after the date on which the Commission determines under subsection (e)(2) that the proposed hydroelectric facility that is the subject of the application is a qualifying facility. ; (5) in subsection (c) (as so redesignated)— (A) by striking paragraph (2); (B) by redesignating paragraph (1) as paragraph (2); (C) by inserting before paragraph (2) (as so redesignated) the following: (1) Applicability of safety regulations (A) In general The rules and regulations of the Commission relating to the protection of life, health, and property shall apply to a qualifying facility licensed under this section, only with respect to the potential effects of the construction, operation, and maintenance of the qualifying facility on the safety of the applicable qualifying nonpowered dam. (B) State regulations For any qualifying facility licensed at a non-Federal qualifying nonpowered dam, the applicable dam safety rules and regulations of the State in which the qualifying nonpowered dam is located shall apply to— (i) the qualifying nonpowered dam; and (ii) any infrastructure associated with the qualifying nonpowered dam that is not a part of the qualifying facility that is the subject of the license. ; and (D) by inserting after paragraph (2) (as so redesignated) the following: (3) Requirements Before issuing any license for a qualifying facility at a non-Federal qualifying nonpowered dam, the Commission shall— (A) ensure that the qualifying nonpowered dam, and each other structure associated with the qualifying facility, is or will be consistent with the applicable dam safety standards of the Commission; and (B) consult with the applicable dam regulator in the State in which the qualifying facility is located to ensure appropriate continued oversight of the qualifying nonpowered dam associated with the qualifying facility, and associated structures, over the term of the license. ; (6) by inserting after subsection (c) (as so redesignated) the following: (d) Storage, release, and flow operations (1) Limitations (A) Obligations Notwithstanding any other legal requirement pertaining to a qualifying facility licensed under this section, the Commission, Federal and State agencies, and Indian Tribes shall not impose any obligation in the licensing of the qualifying facility that would interfere with, or materially change or affect in any way, the storage, release, or flow operations of the qualifying nonpowered dam associated with the qualifying facility, other than the routing of release or flow operations through the qualifying facility. (B) Interference Notwithstanding any other legal requirement pertaining to a qualifying facility licensed under this section, the licensing of a qualifying facility under this section by the Commission shall not interfere with, or materially change or affect in any way, any other Federal, State, or Tribal authority pertaining to the storage, release, or flow operations applicable to the qualifying nonpowered dam associated with the qualifying facility, other than the routing of release or flow operations through the qualifying facility. (2) Condition in license The Commission shall include in any license issued pursuant to this section a condition prohibiting the licensee from materially changing the storage, release, or flow operations of a qualifying nonpowered dam associated with the qualifying facility for the sole purpose of improving the power value of the qualifying facility. (e) Expedited process (1) Notification of intent and supporting information The applicant for a qualifying facility shall commence the licensing process under this section by submitting to the Commission a notification of intent to file an application for a license, together with supporting information, which shall inform the determination of the Commission under paragraph (2). (2) Commission determination (A) In general Not later than 90 days after the date on which an applicant submits to the Commission a notification of intent under paragraph (1), the Commission, after providing notice and an opportunity for public comment, shall— (i) determine whether the proposed hydroelectric facility is a qualifying facility under this section; and (ii) include in a determination under clause (i) information, including analyses supported by information in the public record, relating to the factual basis for the determination. (B) Consultation In making a determination under subparagraph (A) with respect to a proposed facility, the Commission shall consult with Federal and State agencies and Indian Tribes with authority over the facility regarding any qualifying criteria that may disqualify the facility from the expedited process under this section. (C) Resolution If the Commission determines under subparagraph (B) that any qualifying criteria potentially disqualify a proposed facility from the expedited process under this section, the Commission shall— (i) seek to resolve any issues in advance of issuing a determination regarding whether the proposed facility is a qualifying facility under this paragraph; and (ii) include in a determination under clause (i) information relevant to efforts to resolve the issues. (3) Qualifying facility applications (A) In general After submitting a notification of intent under paragraph (1), an applicant for a qualifying facility shall submit to the Commission an application for a license under this section. (B) Inclusions An application under subparagraph (A) shall include a description of each protection, mitigation, and enhancement measure proposed to be carried out in order for the applicable qualifying facility to receive a license from the Commission, in accordance with subsection (f). (C) Deadline for submission An application under this paragraph shall be submitted to the Commission not later than the later of— (i) the date that is 30 days after the close of a single season of studies conducted in support of the application; and (ii) the date that is 1 year after the date on which a determination of the Commission is provided under paragraph (2). (f) Requirements In determining whether to approve an application for a license for a qualifying facility under subsection (e)(3), in accordance with the deadline described in subsection (b)(4), the Commission, in consultation with applicable Federal and State resource agencies and Indian Tribes with regulatory responsibility for the qualifying facility, shall— (1) (A) use relevant existing studies, monitoring information, and data that are applicable to the relevant qualifying facility, in accordance with section 10(l); (B) avoid duplicating current, existing studies; and (C) design any new studies and information requirements to be consistent with the ability of the Commission to meet the licensing deadline under subsection (b)(4); (2) consider whether obligations under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (A) preparing an environmental assessment; or (B) supplementing a previously prepared environmental assessment or environmental impact statement; (3) develop a licensing process that reduces administrative burdens on resource agencies, Indian Tribes, the applicant, and the public by avoiding unnecessary paperwork, meetings, and other process obligations, subject to the condition that nothing in this paragraph eliminates any applicable consultation requirement under Federal or State law (including regulations); (4) exercise authorities commensurate with the limited unit of development and improvement for a qualifying facility described in subsection (a)(2)(A)(i), recognizing— (A) the existence of infrastructure at the time of the license application; and (B) that ongoing operations of existing infrastructure, including water releases, will be materially unchanged as a result of the development and operation of the qualifying facility, in accordance with subsection (d); and (5) consider a set of standard license terms and conditions that generally would apply to all qualifying facilities licensed under this section, based on common technical considerations and environmental effects, subject to the condition that the development of standard license terms and conditions shall not limit the imposition of facility-specific conditions for any particular qualifying facility. ; and (7) in subsection (h) (as so redesignated)— (A) in paragraph (1), by striking and (B) in paragraph (2), by striking the period at the end and inserting ; or (C) by adding at the end the following: (3) any applicable State or Tribal law relating to a qualifying nonpowered dam, dike, conduit, impoundment, or shoreline, or any land or infrastructure associated with such qualifying nonpowered dam, that is not a component of a license issued pursuant to this section, including such a law relating to dam safety, property ownership and control, public access and safety, or the appropriation, use, or distribution of water at the qualifying nonpowered dam. . 12. Closed-loop and off-stream pumped storage projects Section 35 of the Federal Power Act ( 16 U.S.C. 823f 35. Closed-loop and off-stream pumped storage projects (a) Definitions In this section: (1) Closed-loop or off-stream pumped storage project The term closed-loop or off-stream pumped storage project (A) that— (i) is configured to use 2 or more natural or artificial reservoirs or other water bodies at different elevations; and (ii) can— (I) generate power as water moves down through a turbine; and (II) recharge by pumping water to the upper reservoir; (B) that is designed for construction and operation in a manner that ensures that the upper and lower reservoirs or other water bodies do not impound any stream channel of a natural surface waterway, unless— (i) 1 or more project reservoirs are located on, or connected to, a stream channel of a natural waterway that has flowing water only during, and for a short duration after, precipitation events during a typical year; or (ii) not more than 1 project reservoir is located on, or directly connected to, a natural surface watercourse, subject to the conditions that the reservoir— (I) is in existence on the date of enactment of the Community and Hydropwer Improvement Act (II) receives the vast majority of water from— (aa) surfacewater of a different natural watershed via an existing pipeline, aqueduct, or other conveyance infrastructure; or (bb) groundwater; and (III) obtains not more than 10 percent of the volume of the average annual inflow of surfacewater from the natural watershed in which the reservoir is located; and (C) any project reservoir (except for a reservoir described in subparagraph (B)(ii)) of which, if the reservoir is connected to a natural surface waterway, is connected for the sole purpose of the initial fill and periodic recharge of reservoirs needed for project operation. (2) Qualifying criteria The term qualifying criteria (A) is unlikely to involve any fish or wildlife species listed as a threatened or endangered species, or any habitat designated as a critical habitat of such a species, under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) is unlikely to involve resource issues that are unusual or complex in the licensing process and associated environmental review; (C) is supported by sufficient information and proposed environmental study plans submitted with the notification of intent to support expedited environmental review and consideration of the application; (D) proposes construction, development, and operation the environmental effects of which are likely capable of protection, mitigation, and enhancement through the licensing provisions contained in this part; and (E) is not located within any land or interest in land the legal title to which is held by the United States in trust for the benefit of an Indian Tribe, unless the affected Indian Tribe— (i) is a project proponent; or (ii) consents, in writing, to the location. (b) Expedited licensing process for closed-Loop and off-Stream pumped storage projects (1) In general The Commission may issue licenses, as appropriate, for any closed-loop or off-stream pumped storage project that meets the qualifying criteria, as determined by the Commission, in accordance with this section. (2) Updating regulations Not later than 180 days after the date of enactment of the Community and Hydropwer Improvement Act (3) Interagency task force (A) In general In updating regulations under this section, the Commission shall convene an interagency task force, with appropriate Federal and State agencies, Indian Tribes, and the public represented, to coordinate the regulatory processes associated with the authorizations required to construct and operate closed-loop or off-stream pumped storage projects that meet the qualifying criteria. (B) Workshops and meetings Before issuing a proposed rule for public comment under paragraph (2), the Commission shall convene workshops and other meetings with the interagency task force under this paragraph to develop procedures that allow the Commission and appropriate Federal and State agencies and Indian Tribes to exercise authority in accordance with— (i) this section; and (ii) the applicable requirements of this part. (4) Deadline The Commission shall issue a final decision regarding an application for a license for a proposed closed-loop or off-stream pumped storage project submitted under subsection (d)(3) not later than 3 years after the date on which the Commission determines under subsection (d)(2) that the closed-loop or off-stream pumped storage project meets the qualifying criteria. (c) Dam safety Before issuing any license for a closed-loop or off-stream pumped storage project that meets the qualifying criteria, the Commission shall assess the safety of relevant existing dams and other project works. (d) Expedited process (1) Notification of intent and supporting information The applicant for a closed-loop or off-stream pumped storage project shall commence the licensing process under this section by submitting to the Commission a notification of intent to file an application for a license, together with supporting information, which shall inform the determination of the Commission under paragraph (2). (2) Commission determination (A) In general Not later than 90 days after the date on which an applicant submits to the Commission a notification of intent under paragraph (1), the Commission, after providing notice and an opportunity for public comment, shall— (i) determine whether the closed-loop or off-stream pumped storage project described in the notification meets the qualifying criteria; and (ii) include in a determination under clause (i) information, including analyses supported by information in the public record, relating to the factual basis for the determination. (B) Consultation In making a determination under subparagraph (A) with respect to a closed-loop or off-stream pumped storage project, the Commission shall consult with Federal and State agencies and Indian Tribes with authority over the closed-loop or off-stream pumped storage project regarding any qualifying criteria that may disqualify the closed-loop or off-stream pumped storage project from the expedited process under this section. (C) Resolution If the Commission determines under subparagraph (B) that any qualifying criteria potentially disqualify a closed-loop or off-stream pumped storage project from the expedited process under this section, the Commission shall— (i) seek to resolve any issues in advance of issuing a determination regarding whether the closed-loop or off-stream pumped storage project meets the qualifying criteria under this paragraph; and (ii) include in a determination under clause (i) information relevant to efforts to resolve such issues. (3) Closed-loop and off-stream pumped storage project applications (A) In general Not later than 1 year after the date on which the Commission determines under paragraph (2) that a closed-loop or off-stream pumped storage project meets the qualifying criteria, an applicant for the closed-loop or off-stream pumped storage project shall submit to the Commission an application for a license under this section. (B) Inclusions An application under subparagraph (A) shall include a description of each protection, mitigation, and enhancement measure proposed to be carried out in order for the applicable closed-loop or off-stream pumped storage project to receive a license from the Commission, in accordance with subsection (e). (e) Requirements In determining whether to approve an application submitted for a closed-loop or off-stream pumped storage project under subsection (d)(3), in accordance with the deadline described in subsection (b)(4), the Commission, in consultation with applicable Federal and State resource agencies and Indian Tribes with regulatory responsibility for the closed-loop or off-stream pumped storage project, shall— (1) (A) use relevant existing studies, monitoring information, and data that are applicable to the relevant project, in accordance with section 10( l (B) avoid duplicating current, existing studies; and (C) design any new studies and information requirements to be consistent with the ability of the Commission to meet the licensing deadline under subsection (b)(4); (2) consider whether obligations under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (A) preparing an environmental assessment; or (B) supplementing a previously prepared environmental assessment or environmental impact statement; (3) develop a licensing process that reduces administrative burdens on resource agencies, Indian Tribes, the applicant, and the public by avoiding unnecessary paperwork, meetings, and other process obligations, subject to the condition that nothing in this paragraph eliminates any applicable consultation requirement under Federal or State law (including regulations); and (4) consider a set of standard license terms and conditions that generally would apply to all closed-loop or off-stream pumped storage projects licensed under this section, based on common technical considerations and environmental effects, subject to the condition that the development of standard license terms and conditions shall not limit the imposition of project-specific conditions for any particular closed-loop or off-stream pumped storage project. (f) Transfers Notwithstanding section 5, regardless of whether the holder of a preliminary permit for a closed-loop or off-stream pumped storage project claims a municipal preference under section 7(a) in obtaining a permit, on request by a municipality, the Commission may, to facilitate development of a closed-loop or off-stream pumped storage project— (1) add 1 or more entities as joint permittees following the issuance of a preliminary permit; and (2) transfer a license in part to 1 or more nonmunicipal entities as co-licensees with a municipality, if the municipality retains majority ownership of the closed-loop or off-stream pumped storage project for which the license was issued. (g) Developing abandoned mines for pumped storage (1) Workshop Not later than 180 days after the date of enactment of this Act, the Commission shall hold a workshop to explore potential opportunities for development of closed-loop pumped storage projects at abandoned mine sites. (2) Guidance Not later than 1 year after the date of enactment of this Act, the Commission shall issue guidance to assist applicants for licenses or preliminary permits for closed-loop pumped storage projects at abandoned mine sites. (h) Savings clause Nothing in this section affects any authority of the Commission to license a closed-loop or off-stream pumped storage project under any other provision of this part. . 13. Conditions to protect Tribal resources Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. 37. Conditions to protect Tribal resources (a) Necessary conditions of Indian Tribes (1) In general Except as provided in subsection (c), an Indian Tribe shall have exclusive authority to deem a condition to a license under this part to be necessary under section 4(e)(2) if the license is issued for a project located within any land or an interest in land the legal title to which is held by the United States in trust for the benefit of the Indian Tribe, regardless of whether the Indian Tribe is a licensee or applicant for the project, subject to paragraph (2). (2) Condition; written statement On deeming a condition to be necessary pursuant to paragraph (1), an Indian Tribe shall submit to the Commission— (A) the condition; (B) a written statement— (i) demonstrating that the Indian Tribe considered alternatives to the submitted condition; (ii) providing a scientific and technical rationale for— (I) the condition submitted; and (II) alternatives considered but not adopted; and (iii) identifying specific facts relied on in the record; and (C) any studies, data, and other factual information relied on by the Indian Tribe that is relevant to the decision of the Indian Tribe. (b) Other reservations For any license issued within any reservation other than a reservation described in subsection (a), the Secretary of the agency responsible for the supervision of the reservation, in deeming conditions of the license to be necessary under section 4(e)(2), shall consult with the Secretary of the Interior and any potentially affected Indian Tribes regarding the responsibilities of the United States in the project area under any applicable treaty with an Indian Tribe, as determined by a court of competent jurisdiction. (c) Exclusion This section shall not apply to any project that, as of the date of enactment of the Community and Hydropower Improvement Act (1) is licensed under this part; and (2) is not located on any land or interest in land, the legal title to which is held by the United States in trust for the benefit of an Indian Tribe. . 14. Coordination of Commission and other agencies issuing Federal authorizations Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. 38. Coordination of Commission and other agencies issuing Federal authorizations (a) Definitions In this section: (1) Conditioning agency The term conditioning agency (2) Federal authorization The term Federal authorization (A) license; (B) condition of a license submitted by the applicable Secretary or an Indian Tribe under section 4(e)(2); (C) prescription submitted by the applicable Secretary under section 18; (D) permit; (E) special use authorization; (F) certification; (G) opinion; (H) consultation; (I) determination; or (J) other approval. (b) Coordination of schedule (1) Initial conference Not later than 90 days after the date on which an applicant submits to the Commission a notification of intent to apply for a license under this part, the Commission, after consultation with each conditioning agency, shall convene a technical conference, with a transcript to be taken by the Commission and submitted to the public record, to coordinate the respective efforts and schedules of the Commission and the conditioning agencies relating to studies and other information, consultations, environmental reviews, and decisionmaking. (2) Joint schedule and record (A) Establishment To the extent reasonably practicable, the Commission and the applicable conditioning agencies shall establish, with respect to each project that is the subject of a notification of intent to apply for a license under this part— (i) a joint schedule that will permit the timely completion of decisions required to be made with respect to, and timely issuance of, Federal authorizations by the Commission and the conditioning agencies; and (ii) a record supporting the basis for the respective decisions of the Commission and the conditioning agencies. (B) Consideration of waivers and modifications The Commission and the conditioning agencies shall consider waivers or modifications of the requirements of respective rules, within statutory limits, as appropriate— (i) to establish a joint schedule for the proceeding; and (ii) to ensure timely decisionmaking. (3) Subsequent conferences (A) In general After the date on which the initial conference is convened under paragraph (1), the Commission shall convene subsequent technical conferences, as appropriate and after consultation with each conditioning agency, to address changed circumstances that may— (i) allow for greater coordination of efforts and schedules; or (ii) threaten the ability of the Commission or any conditioning agency to maintain any joint schedule established under paragraph (2). (B) Transcript The Commission shall take a transcript of any technical conference convened under this paragraph, to be submitted to the public record. (4) Failure to agree If the Commission and a conditioning agency are unable to establish or maintain a joint schedule under paragraph (2), the Commission and conditioning agency shall submit to the public record maintained by the Commission, not later than 30 days after the conclusion of the technical conference under paragraph (1) or (3), as applicable, a statement that— (A) identifies each inconsistency or conflict; (B) explains the position taken by each agency causing the inconsistency or conflict; and (C) provides an analysis, supported by information in the public record, of the factual basis for the inconsistent or conflicting position taken by each agency. (c) Coordination of information and studies (1) Conference As early as practicable after the date on which an applicant submits to the Commission a notification of intent to apply for a license under this part, the Commission, after consultation with each conditioning agency, shall convene a technical conference to address existing information and potential new studies relevant to the development of the record that would support agency decisionmaking. (2) Joint study plan To the extent reasonably practicable, the Commission and the applicable conditioning agencies shall establish, with respect to each project that is the subject of a notification of intent to apply for a license under this part, a joint study plan. (3) Failure to agree If 1 or more agencies are unable to establish or maintain a joint study plan, the applicable agencies shall submit to the public record maintained by the Commission, not later than 30 days after the conclusion of the technical conference under paragraph (1), a statement that— (A) identifies each inconsistency or conflict; (B) explains the position taken by each agency causing the inconsistency or conflict; and (C) provides an analysis, supported by information in the public record, of the factual basis for the inconsistent or conflicting position taken by each agency. (d) Trial-Type hearing For any trial-type hearing conducted under section 4(e)(2) or 18, the Commission— (1) may participate as a party for purposes of advocating the factual analyses of Commission staff relating to any disputed issue of material fact; and (2) shall give due weight to the findings of fact resulting from the trial-type hearing in preparing any environmental analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (e) Consultation on inconsistent or conflicting license terms (1) In general If a term or condition of a Federal authorization submitted or recommended for inclusion in a license under this part conflicts or is otherwise inconsistent with another such term or condition in a Federal authorization, the Commission shall initiate and facilitate consultation with the conditioning agencies submitting conflicting or inconsistent terms or conditions, to attempt to resolve the inconsistency or conflict. (2) Requirements The consultation period under paragraph (1) shall— (A) be not longer than 90 days; and (B) include at least 1 technical conference or similar meeting. (3) Action on agreement If the agencies submitting terms or conditions of a Federal authorization resolve an inconsistency or conflict under this subsection, the agencies shall establish a reasonable schedule and deadline, not later than 90 days after the conclusion of the consultation, to amend and reissue the relevant Federal authorizations to reflect that resolution, as appropriate. (4) Failure to agree If the agencies submitting terms or conditions of a Federal authorization are unable to resolve an inconsistency or conflict under this subsection, the agencies shall submit to the public record maintained by the Commission, not later than 30 days after the conclusion of the consultation, a statement that— (A) identifies the inconsistency or conflict; and (B) explains the reason for the inconsistency or conflict, supported by information in the public record. (f) Public notice and participation (1) Notice The Commission shall issue public notice of each technical conference between the Commission and a conditioning agency under this section. (2) Participation Each technical conference under this section shall be held open to participation by— (A) the applicable license applicant; and (B) other licensing participants. (g) Rulemaking Not later than 1 year after the date of enactment of the Community and Hydropwer Improvement Act . 15. Off-site considerations in hydropower licensing Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. 39. Off-site considerations in hydropower licensing (a) Definitions In this section: (1) Conditioning agency; Federal authorization The terms conditioning agency Federal authorization (2) Nonjurisdictional dam The term nonjurisdictional dam (A) is constructed to hold back or divert water; and (B) is not— (i) licensed under this part; or (ii) exempted from the license requirements contained in this part. (3) Off-site measure The term off-site measure (b) Off-Site measures (1) In general In discharging responsibilities under any Federal authorization for the protection of, mitigation of damage to, and enhancement of resources affected by a project, the Commission and conditioning agencies— (A) shall consider and include in the public record off-site measures recommended by any licensing participant, including Federal resource agencies, State resource agencies Indian Tribes, and the public; but (B) shall not require any off-site measure that is not proposed by the applicant. (2) Coordination An off-site measure under this subsection may include coordination with another project in the applicable basin. (3) Effect on regulatory responsibilities The adoption by the Commission or any conditioning agency of an off-site measure proposed by an applicant shall satisfy the applicable requirements of a Federal authorization that otherwise would be necessary or appropriate to mitigate a project effect associated with the project site, subject to the condition that the Commission and conditioning agencies shall give preference to onsite measures to achieve that mitigation. (4) Project extent Notwithstanding section 3(11), the land, infrastructure, improvements, and waters associated with any off-site mitigation measure shall not be required to be included as part of a project, subject to the condition that any off-site measure adopted under this section shall be included, implemented, and enforced as a license condition issued by the Commission under this part. (c) Nonjurisdictional dam removal (1) In general The requirements of this subsection apply to any off-site measure that— (A) includes removal of a nonjurisdictional dam; (B) is proposed by an applicant; and (C) is approved by the Commission or a conditioning agency under a Federal authorization. (2) Liability protection (A) In general Notwithstanding any other provision of Federal, State, Tribal, local, or common law, a licensee shall not be liable for any harm, loss, or other damage to an individual or entity, property, a natural resource, or the environment, or any damages resulting from dam removal, arising from, relating to, or triggered by an action associated with the removal of a nonjurisdictional dam under this section, including any damage caused by the release of any material or substance (including a hazardous substance), if the licensee and the owner of the nonjurisdictional dam or third party have entered into a legally enforceable agreement ensuring that the owner (or an assignee) or third party retains that liability. (B) Funding Notwithstanding any other provision of Federal, State, local, or common law, no individual or entity contributing funds for removal of a nonjurisdictional dam under this section shall be held liable, solely by virtue of that funding, for any harm, loss, or other damage to an individual or entity, property, or the environment, or damages, arising from the removal of a facility or facility operations arising from, relating to, or triggered by an action associated with removal of the nonjurisdictional dam, including any damage caused by the release of any material or substance (including a hazardous substance). (3) Preemption (A) In general Notwithstanding section 10(c), except as provided in subparagraph (B), protection from liability under this subsection shall preempt the law of any State or Indian Tribe to the extent that the State or Tribal law is inconsistent with this section. (B) Exception Nothing in this subsection limits any otherwise-available immunity, privilege, or defense under any other provision of law. (d) Rulemaking Not later than 1 year after the date of enactment of the Community and Hydropwer Improvement Act . 16. Micro hydropower facilities Part I of the Federal Power Act ( 16 U.S.C. 792 et seq. 40. Micro hydropower facilities (a) In general To improve the regulatory process and reduce delays and costs for new development of hydropower facilities with an installed capacity of 1,000 kilowatts or less (referred to in this section as micro hydropower facilities (1) opportunities to expand the use of micro hydropower facilities in the United States for purposes of— (A) capturing the electric generating potential of existing hydraulic processes without requiring the construction of any new dam or similar infrastructure; (B) reducing United States dependence on fossil fuel resources for power and energy; and (C) serving rural, underserved, or isolated communities; and (2) regulatory processes for, and administration of, micro hydropower facilities, including with respect to— (A) the protection, mitigation, and enhancement of fish and wildlife (including related spawning grounds and habitat) and other beneficial public uses, including irrigation, flood control, water supply, and recreational and other purposes referred to in section 4(e)(5); (B) achieving cost-effective and administratively efficient regulation of micro hydropower facilities that are commensurate with the size, expanse, and environmental effects of micro hydropower facilities; and (C) protecting public safety and the structural integrity of project works. (b) Information gathering In carrying out subsection (a), the Commission shall— (1) consult with the Secretary of Energy, Federal and State resource agencies, Indian Tribes, and the public; and (2) at a minimum— (A) solicit— (i) relevant technical, scientific, and regulatory information; and (ii) public comment; (B) convene regional technical conferences to address the investigation subjects described in subsection (a); and (C) provide an opportunity for public comment after the technical conferences under subparagraph (B). (c) Report (1) In general Not later than 1 year after the date of enactment of the Community and Hydropwer Improvement Act (A) analyzes each of the investigation subjects described in subsection (a), including— (i) a quantitative assessment of— (I) the quantity of energy that could likely be produced by a program to expand the use of micro hydropower facilities in the United States; and (II) the environmental and economic feasibility of an expanded use of micro hydropower facilities; and (ii) specific recommendations regarding the means by which Congress may address or remedy each identified issue; (B) describes the processes adopted, and any comments received, under subsection (b), including the response of the Commission to comments received from the Secretary of Energy, Federal and State resource agencies, Indian Tribes, and the public; and (C) includes— (i) a description of each recommendation submitted relating to the draft report under paragraph (2); and (ii) an explanation of the reasons of the Commission for not adopting any submitted recommendation, if applicable, as supported by information gathered under subsection (b). (2) Draft report Before submitting the report under paragraph (1), the Commission shall provide a draft report to the Secretary of Energy, Federal and State resource agencies, Indian Tribes, and the public for review and comment for a period of not less than 60 days. . 17. Reporting requirement (a) In general Not later than 2 years after the date of enactment of this Act and every 5 years thereafter, the Federal Energy Regulatory Commission shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes progress with respect to the implementation of this Act and the amendments made by this Act. (b) Requirement A report submitted under subsection (a) shall— (1) identify any facilities for which expedited licensing was sought under section 34 of the Federal Power Act ( 16 U.S.C. 823e (A) the licensing status for each facility, including all incomplete Federal authorizations needed for a licensing decision; (B) whether the facility qualified for expedited licensing under that section; and (C) if the facility did not qualify for expedited licensing under that section, the reasons for such determination; (2) identify all closed-loop and off-stream pumped storage projects for which expedited licensing was sought under section 35 of the Federal Power Act (as added by section 12) during the period covered by the report, including— (A) the licensing status for each project, including all incomplete Federal authorizations needed for a licensing decision; (B) whether the project qualified for expedited licensing under that section; and (C) if the project did not qualify for expedited licensing under that section, the reasons for such determination; (3) identify each instance in which an Indian Tribe exercised the right of an Indian Tribe under section 37 of the Federal Power Act (as added by section 13) by deeming a condition to a license under part I of the Federal Power Act ( 16 U.S.C. 792 et seq. 16 U.S.C. 797(e) (A) the nature of the condition and the Tribal resources protected by the condition; and (B) whether any party to the proceeding sought a trial-type hearing related to the condition under paragraph (2)(B) of that section, an alternative condition under section 33(a) of that Act ( 16 U.S.C. 823d(a) (4) identify and describe the outcomes of the efforts of Federal agencies to establish or maintain joint schedules under section 38(b) of the Federal Power Act (as added by section 14), with a discussion of specific examples that demonstrate trends, conflicts, and successes associated with the joint schedules; (5) identify and describe the outcomes of the efforts of Federal agencies to establish or maintain joint study plans under section 38(c) of the Federal Power Act (as added by section 14), with a discussion of specific examples that demonstrate trends, conflicts, and successes associated with the joint study plans; and (6) identify and describe the outcomes of the efforts of Federal agencies to resolve inconsistent or conflicting license terms under section 38(e) of the Federal Power Act (as added by section 14), with a discussion of specific examples that demonstrate trends, conflicts, and successes associated with the opportunity to seek resolution of inconsistent or conflicting license terms.
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Community and Hydropower Improvement Act
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School Infrastructure Modernization Act of 2023 This bill allows rehabilitation expenditures for public school buildings to qualify for the rehabilitation tax credit.
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118 S1523 IS: School Infrastructure Modernization Act of 2023 U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1523 IN THE SENATE OF THE UNITED STATES May 10, 2023 Mr. Kaine Mr. Warner Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow rehabilitation expenditures for public school buildings to qualify for rehabilitation credit. 1. Short title This Act may be cited as the School Infrastructure Modernization Act of 2023 2. Qualification of rehabilitation expenditures for public school buildings for rehabilitation credit (a) In general Section 47(c)(2)(B)(v) (III) Clause not to apply to public schools This clause shall not apply in the case of the rehabilitation of any building which was used as a qualified public educational facility (as defined in section 142(k)(1), determined without regard to subparagraph (B) thereof) at any time during the 5-year period ending on the date that such rehabilitation begins and which is used as such a facility immediately after such rehabilitation. . (b) Report Not later than the date which is 5 years after the date of the enactment of this Act, the Secretary of the Treasury, after consultation with the heads of appropriate Federal agencies, shall report to Congress on the effects resulting from the amendment made by subsection (a), including— (1) the number of qualified public education facilities rehabilitated (stated separately with respect to each State) and the number of students using such facilities (stated separately with respect to each such State), (2) the number of qualified public education facilities rehabilitated in low income communities (as defined in section 45D(e)(1) (3) the amount of qualified rehabilitation expenditures for each qualified public education facility rehabilitated, and (4) and any other data determined by the Secretary to be useful in evaluating the impact of such amendment. (c) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2023.
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School Infrastructure Modernization Act of 2023
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Access to Contraception for Servicemembers and Dependents Act of 2023 This bill addresses Department of Defense (DOD) contraceptive care and family planning services. Specifically, the bill prohibits cost-sharing requirements with respect to TRICARE beneficiaries for specified prescription contraceptives. Additionally, the bill prohibits cost-sharing requirements for TRICARE Select and TRICARE Prime beneficiaries in relation to any in-network method of contraception or contraceptive care (including with respect to insertion, removal, and follow-up), any sterilization procedure, or any related patient education or counseling service. The bill requires DOD to provide information on emergency contraceptives and care to sexual assault survivors at its medical treatment facilities. Upon request by a sexual assault survivor, DOD must provide such emergency contraceptives or a prescription for emergency contraceptives. Finally, DOD must establish a uniform standard curriculum for education programs on family planning for all members of the Armed Forces. Such education programs must be provided to service members during their first year of service and at other appropriate times, as determined by each military department.
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111 S1527 IS: Access to Contraception for Servicemembers and Dependents Act of 2023 U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1527 IN THE SENATE OF THE UNITED STATES May 10, 2023 Mrs. Shaheen Ms. Collins Ms. Hirono Ms. Warren Ms. Stabenow Mr. Menendez Ms. Hassan Mrs. Gillibrand Mr. Bennet Mr. Tester Mr. Blumenthal Mr. Kelly Ms. Baldwin Mr. Kaine Mrs. Murray Mr. Durbin Mr. Brown Mr. Sanders Ms. Smith Mr. Wyden Committee on Armed Services A BILL To amend title 10, United States Code, to ensure that members of the Armed Forces and their families have access to the contraception they need in order to promote the health and readiness of all members of the Armed Forces, and for other purposes. 1. Short title This Act may be cited as the Access to Contraception for Servicemembers and Dependents Act of 2023 2. Findings Congress finds the following: (1) Women are serving in the Armed Forces at increasing rates, playing a critical role in the national security of the United States. Women comprise more than 18 percent of members of the Armed Forces, and as of fiscal year 2019, more than 390,000 women serve on active duty in the Armed Forces or in the reserve components. An estimated several thousand transgender men also serve on active duty in the Armed Forces and in the reserve components, in addition to non-binary members and those who identify with a different gender. (2) Ninety-five percent of women serving in the Armed Forces are of reproductive age and as of 2019, more than 700,000 female spouses and dependents of members of the Armed Forces on active duty are of reproductive age. (3) The TRICARE program covered more than 1,570,000 women of reproductive age in 2019, including spouses and dependents of members of the Armed Forces on active duty. Additionally, thousands of transgender dependents of members of the Armed Forces are covered by the TRICARE program. (4) The right to access contraception is grounded in the principle that contraception and the ability to determine if and when to have children are inextricably tied to one’s wellbeing, equality, dignity, and ability to determine the course of one’s life. Those protections have helped access to contraception become a driving force in improving the health and financial security of individuals and their families. (5) Access to contraception is critical to the health of every individual capable of becoming pregnant. This Act is intended to apply to all individuals with the capacity for pregnancy, including cisgender women, transgender men, non-binary individuals, those who identify with a different gender, and others. (6) Studies have shown that when cost barriers to the full range of methods of contraception are eliminated, patients are more likely to use the contraceptive method that meets their needs, and therefore use contraception correctly and more consistently, reducing the risk of unintended pregnancy. (7) Under the TRICARE program, members of the Armed Forces on active duty have full coverage of all prescription drugs, including contraception, without cost-sharing requirements, in line with the Patient Protection and Affordable Care Act ( Public Law 111–148 21 U.S.C. 355 21 U.S.C. 355 (8) In order to fill gaps in coverage and access to preventive care critical for women’s health, the Patient Protection and Affordable Care Act ( Public Law 111–148 21 U.S.C. 355 (9) The Defense Advisory Committee on Women in the Services has recommended that all the Armed Forces, to the extent that they have not already, implement initiatives that inform members of the Armed Forces of the importance of family planning, educate them on methods of contraception, and make various methods of contraception available, based on the finding that family planning can increase the overall readiness and quality of life of all members of the Armed Forces. (10) The military departments received more than 8,866 reports of sexual assaults during fiscal year 2021, an increase of more than 1,000 reports compared to fiscal year 2019. Through regulations, the Department of Defense already supports a policy of ensuring that members of the Armed Forces who are sexually assaulted have access to emergency contraception, and the initiation of contraception if desired and medically appropriate. 3. Contraception coverage parity under the TRICARE program (a) Pharmacy benefits program Section 1074g(a)(6) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (D) Notwithstanding subparagraphs (A), (B), and (C), cost-sharing requirements may not be imposed and cost-sharing amounts may not be collected with respect to any eligible covered beneficiary for any prescription contraceptive on the uniform formulary provided through a retail pharmacy described in paragraph (2)(E)(ii) or through the national mail-order pharmacy program. . (b) TRICARE Select Section 1075 of such title is amended— (1) in subsection (c), by adding at the end the following new paragraph: (4) (A) Notwithstanding any other provision of this section, cost-sharing requirements may not be imposed and cost-sharing amounts may not be collected with respect to any beneficiary under this section for a service described in subparagraph (B) that is provided by a network provider. (B) A service described in this subparagraph is any contraceptive method approved, cleared, or authorized under section 505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ; and (2) in subsection (f), by striking calculated as calculated (except as provided in subsection (c)(4)) as (c) TRICARE Prime Section 1075a of such title is amended by adding at the end the following new subsection: (d) Prohibition on cost-Sharing for certain services (1) Notwithstanding subsections (a), (b), and (c), cost-sharing requirements may not be imposed and cost-sharing amounts may not be collected with respect to any beneficiary enrolled in TRICARE Prime for a service described in paragraph (2) that is provided under TRICARE Prime. (2) A service described in this paragraph is any contraceptive method approved, cleared, or authorized under section 505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 . 4. Pregnancy prevention assistance at military medical treatment facilities for sexual assault survivors (a) In general Chapter 55 section 1074o 1074p. Provision of pregnancy prevention assistance at military medical treatment facilities (a) Information and assistance The Secretary of Defense shall promptly furnish to sexual assault survivors at each military medical treatment facility the following: (1) Comprehensive, medically and factually accurate, and unbiased written and oral information about all emergency contraceptives approved by the Food and Drug Administration. (2) Upon request by the sexual assault survivor, emergency contraceptives or, if applicable, a prescription for emergency contraceptives. (3) Notification of the right of the sexual assault survivor to confidentiality with respect to the information and care and services furnished under this section. (b) Information The Secretary shall ensure that information provided pursuant to subsection (a) is provided in language that— (1) is clear and concise; (2) is readily comprehensible; and (3) meets such conditions (including conditions regarding the provision of information in languages other than English) as the Secretary may prescribe in regulations to carry out this section. (c) Definitions In this section: (1) The term sexual assault survivor (A) states to personnel of the facility that the individual experienced a sexual assault; (B) is accompanied by another person who states that the individual experienced a sexual assault; or (C) whom the personnel of the facility reasonably believes to be a survivor of sexual assault. (2) The term sexual assault . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item: 1074p. Provision of pregnancy prevention assistance at military medical treatment facilities. . 5. Education on family planning for members of the Armed Forces (a) Education programs (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a uniform standard curriculum to be used in education programs on family planning for all members of the Armed Forces. (2) Timing Education programs under paragraph (1) shall be provided to members of the Armed Forces as follows: (A) During the first year of service of the member. (B) At such other times as each Secretary of a military department determines appropriate with respect to members of the Armed Forces under the jurisdiction of such Secretary. (3) Sense of Congress It is the sense of Congress that the education programs under paragraph (1) should be evidence-informed and use the latest technology available to efficiently and effectively deliver information to members of the Armed Forces. (b) Elements The uniform standard curriculum for education programs under subsection (a) shall include the following: (1) Information for members of the Armed Forces on active duty to make informed decisions regarding family planning. (2) Information about the prevention of unintended pregnancy and sexually transmitted infections, including human immunodeficiency virus (commonly known as HIV (3) Information on— (A) the importance of providing comprehensive family planning for members of the Armed Forces, including commanding officers; and (B) the positive impact family planning can have on the health and readiness of the Armed Forces. (4) Current, medically accurate information. (5) Clear, user-friendly information on— (A) all contraceptive methods approved, cleared, or authorized under section 505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 (B) where members of the Armed Forces can access their chosen contraceptive. (6) Information on all applicable laws and policies so that members of the Armed Forces are informed of their rights and obligations. (7) Information on the rights of patients to confidentiality. (8) Information on the unique circumstances encountered by members of the Armed Forces and the effects of such circumstances on the use of contraceptives.
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Access to Contraception for Servicemembers and Dependents Act of 2023
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COPS on the Beat Grant Program Parity Act of 2023 This bill makes changes to the Community Oriented Policing Services grant program. Among the changes, the bill reduces the required matching contribution for certain rural communities during the first three years of a grant and eliminates the preference for agencies that exceed the matching requirements; allows grant funds to be used to increase wages of career law enforcement officers in states or localities that have a median household income of less than 70% of the national median household income and qualify for a reduced matching contribution; and provides statutory authority for the Office of Community Oriented Policing Services within the Department of Justice. Additionally, the bill requires the Government Accountability Office to report on whether law enforcement workforces are representative of the communities they serve, the percentage of law enforcement officers who live in the community they serve, the average pay of officers compared to the cost of living in the community they serve, and recommendations for improvements.
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118 S1530 IS: COPS on the Beat Grant Program Parity Act of 2023 U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1530 IN THE SENATE OF THE UNITED STATES May 10, 2023 Mr. Graham Ms. Klobuchar Committee on the Judiciary A BILL To permit COPS grants to be used for the purpose of increasing the compensation and hiring of law enforcement officers, and for other purposes. 1. Short title This Act may be cited as the COPS on the Beat Grant Program Parity Act of 2023 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) The President’s Task Force on 21st Century Policing highlighted the importance of hiring law enforcement officers who reflect the diversity and values of the community, and who have both the mindset and the skills needed to engage with the community. (2) Diverse workforces can be more effective, creative, and resilient than homogenous workforces, and teams with broader perspectives result in better decision making and problem-solving practices. Recruiting a diverse pool of candidates includes qualified individuals from different races, genders, ethnicities, and cultural backgrounds. (3) Effective recruitment practices can help law enforcement agencies engender trust, develop good relations with their communities, and ensure that the officers they hire can best serve those communities. Recruitment efforts should start in the community, and law enforcement agencies should consider developing youth programs to attract younger generations. This could include Explorer programs, internships through local schools, cadet academies, university partnerships, and youth mentorship programs that foster relationships between young adults and departments. Not only do these programs develop enthusiasm for a law enforcement career, but they can also build relationships between law enforcement agencies and the communities they serve. (b) Sense of Congress It is the sense of Congress that the Office of Community Oriented Policing Services (commonly known as the COPS Office 3. Rural community access to COPS grants (a) Uses of grant amounts Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b) (1) by redesignating paragraphs (3) through (23) as paragraphs (4) through (24), respectively; (2) by inserting after paragraph (2) the following: (3) in the case of any State or unit of local government that has a median household income of less than 70 percent of the national median household income and qualifies for a reduced contribution under subsection (g)(2), to increase wages of career law enforcement officers to not more than 80 percent of the national median household income; ; and (3) in paragraph (23), as redesignated, by striking through (21) through (22) (b) Preferential consideration Section 1701(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(c) (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (c) Cost share Section 1701(g) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(g) (g) Matching funds (1) In general Except as provided in paragraph (2), the portion of the costs of a program, project, or activity provided by a grant under subsection (a) may not exceed 75 percent, unless the Attorney General waives, wholly or in part, the requirement under this subsection of a non-Federal contribution to the costs of a program, project, or activity. In relation to a grant for a period exceeding 1 year for hiring or rehiring or increasing the compensation of career law enforcement officers, the Federal share shall decrease from year to year for up to 5 years, looking toward the continuation of the increased hiring and compensation level using State or local sources of funding following the conclusion of Federal support, as provided in an approved plan pursuant to section 1702(c)(8). (2) Reduced non-Federal contribution (A) In general The portion of the costs of a program, project, or activity provided by a grant under subsection (a), in any State or unit of local government described in subparagraph (B), may not exceed— (i) 90 percent for the first year of the grant; (ii) 85 percent for the second year of the grant; (iii) 80 percent for the third year of the grant; or (iv) 75 percent for the fourth year of the grant. (B) State or unit of local government described A State or unit of local government described in this subparagraph is any State or unit of local government— (i) with a median household income that is not more than 80 percent of the national median household income; (ii) that does not provide a single employee with compensation that is more than double the national median household income; and (iii) that is a rural State, rural community, or rural area as such terms are defined in section 40002(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12291(a) . (d) Limitation on hiring and rehiring Section 1704(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10384(c) (c) Hiring and compensation cost (1) In general Funding provided under this part for hiring or rehiring a career law enforcement officer may not exceed $75,000, unless the Attorney General grants a waiver from this limitation. (2) Reduced contribution In the case of a jurisdiction that has a median household income of less than 70 percent of the national median household income and qualifies for a reduced contribution under section 1701(g)(2), a career law enforcement officer who is hired or rehired or whose compensation is increased under this part may not receive from any funding provided under this part compensation exceeding 80 percent of the national median household income for work performed as an on-duty law enforcement officer. . (e) Allocation of COPS grant program funds Section 1001(a)(11)(B) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a)(11)(B) If funds remain available for obligation under this subparagraph in a fiscal year after all eligible and qualified grantees have been funded from the 50 percent of funding allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations exceeding 150,000 or by public and private entities that serve areas with populations exceeding 150,000, the remaining funds may be used for grants pursuant to applications submitted by units of local government or law enforcement agencies having jurisdiction over areas with populations 150,000 or less or by public and private entities that serve areas with populations 150,000 or less. (f) Definitions Section 1709 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10389 (8) Attorney General . 4. COPS Office Section 1701(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(a) (a) Office of Community Oriented Policing Services (1) Establishment of Office There is within the Department of Justice, under the general authority of the Attorney General, a separate and distinct office to be known as the Office of Community Oriented Policing Services (referred to in this subsection as the COPS Office (2) Director The COPS Office shall be headed by a Director who shall— (A) be appointed by the Attorney General; and (B) have final authority over grants under this part and any other grants, cooperative agreements, and contracts awarded by the COPS Office. (3) Grant authorization The Attorney General, acting through the Director, shall make grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsection (b). . 5. GAO report (a) In general In fiscal year 2027 and fiscal year 2032, the Comptroller General of the United States, after consultation with the Attorney General, shall submit to Congress and make publicly available a report that provides the information described in subsection (b) using a broad cross-section of law enforcement agencies— (1) from various regions of the United States; (2) of different sizes; and (3) from rural, suburban, and urban jurisdictions. (b) Information required The information referred to in subsection (a) is— (1) a measure of how representative law enforcement officers are of the communities they serve based on demographics, including, at a minimum, gender and race; (2) the percentage of law enforcement officers who live in the jurisdiction in which they are employed; (3) a measure of average law enforcement officer pay compared to cost of living in the jurisdiction in which the law enforcement officers are employed; and (4) legislative and administrative recommendations for improving— (A) the diversity of law enforcement agencies, including officers, specifically in relation to the communities they serve; and (B) the number of officers who live in the jurisdiction in which they are employed.
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COPS on the Beat Grant Program Parity Act of 2023
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Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act This bill suspends the admission of certain individuals into the United States. Specifically, this bill suspends the admission of any person who (1) is attempting to unlawfully enter the United States from Canada or Mexico, (2) does not possess the required travel documents, and (3) is being held at a point of entry or a Border Patrol station to facilitate immigration processing. (Under current law, individuals who arrive without the required travel documents have the opportunity to seek asylum, with some exceptions.)
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118 S1532 IS: Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1532 IN THE SENATE OF THE UNITED STATES May 10, 2023 Mr. Scott of South Carolina Mr. Graham Mr. Hagerty Mrs. Blackburn Committee on the Judiciary A BILL To suspend the entry of covered aliens in response to the fentanyl public health crisis. 1. Short title This Act may be cited as the Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act 2. Findings Congress finds the following: (1) More than 100,000 Americans died from drug overdoses during 2021, with the majority of such deaths caused by fentanyl. (2) Fentanyl is a potent synthetic opioid drug that is 50 times more potent than heroin and 100 times more potent than morphine. (3) Fentanyl is involved in more deaths of Americans younger than 50 years of age than any other cause of death, including heart disease, cancer, homicide, suicide, and other accidents. (4) In 2022, the United States Drug Enforcement Agency seized 50,000,000 fentanyl-laced pills and over 10,000 pounds of fentanyl powder, which is enough fentanyl to kill every American. (5) Just 2 milligrams of fentanyl is considered a lethal dose. (6) The smuggling of fentanyl into the United States constitutes a major public health crisis. 3. Definitions In this Act: (1) Covered alien The term covered alien (A) is attempting to unlawfully enter the United States from Canada or from Mexico; (B) does not possess the required travel documents to be admitted to the United States; and (C) is being held at a point of entry or a Border Patrol station to facilitate immigration processing. (2) Secretary The term Secretary 4. Suspending the introduction of covered aliens into the United States due to the fentanyl public health crisis (a) In general Beginning on the date of the enactment of this Act, the admittance of covered aliens into the United States is suspended to protect the public health. (b) Relocation Covered aliens who attempt to enter the United States, either through a point of entry or between points of entry, while the suspension described in subsection (a) remains in place shall be returned to their country of origin or to the country from which they entered the United States as rapidly as possible to lower the risk of such aliens introducing, selling, trafficking, or otherwise illicitly disseminating or promoting the dissemination of deadly fentanyl into the United States. (c) Repatriation flights The Secretary is authorized to transport covered aliens being relocated pursuant to subsection (b) on scheduled repatriation flights, on a space available basis.
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Alan T. Shao II Fentanyl Public Health Emergency and Overdose Prevention Act
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Equitable Payments for Nursing Facilities Act of 2023 This bill allows the Centers for Medicare & Medicaid Services to adjust the federal per diem payment rate for Medicare skilled nursing facilities in Alaska or Hawaii to reflect the unique circumstances of such facilities.
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118 S1534 IS: Equitable Payments for Nursing Facilities Act of 2023 U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1534 IN THE SENATE OF THE UNITED STATES May 10, 2023 Mr. Schatz Ms. Murkowski Ms. Hirono Mr. Sullivan Committee on Finance A BILL To amend title XVIII of the Social Security Act to authorize the Secretary of Health and Human Services to make adjustments to payment rates for skilled nursing facilities under the Medicare program to account for certain unique circumstances. 1. Short title This Act may be cited as the Equitable Payments for Nursing Facilities Act of 2023 2. Authorizing the Secretary of Health and Human Services to make adjustments to payment rates for skilled nursing facilities under the Medicare program to account for certain unique circumstances Section 1888(e)(4)(G) of the Social Security Act ( 42 U.S.C. 1395yy(e)(4)(G) (iv) Adjustment for unique circumstances The Secretary may provide for such adjustments as determined appropriate by the Secretary to take into account the unique circumstances of skilled nursing facilities located in Alaska or Hawaii. .
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Equitable Payments for Nursing Facilities Act of 2023
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Tribal Gaming Regulatory Compliance Act This bill allows the Ysleta del Sur Pueblo and Alabama-Coushatta tribes to conduct gaming activities on their land in Texas if certain conditions are met. Currently, the Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act prohibits the tribes from conducting gaming activities on their land if those activities are prohibited by Texas law. The bill instead prohibits the act from precluding or limiting the applicability of the Indian Gaming Regulatory Act (IGRA). Therefore, the bill effectively makes IGRA the controlling federal statute governing gaming activities on the tribes' land.
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100 S1536 IS: Tribal Gaming Regulatory Compliance Act U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1536 IN THE SENATE OF THE UNITED STATES May 10, 2023 Mr. Heinrich Mr. Tester Ms. Smith Mr. Luján Committee on Indian Affairs A BILL To ensure that all federally recognized Indian Tribes that are eligible for gaming in the United States are regulated under the Indian Gaming Regulatory Act, and for other purposes. 1. Short title This Act may be cited as the Tribal Gaming Regulatory Compliance Act 2. Findings Congress finds that— (1) in 1987, the Supreme Court of the United States ruled in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), that, if California regulated rather than prohibited gaming in the State, an Indian Tribe could offer similar forms of gaming on Tribal land; (2) in response to California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), Congress enacted the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. (3) as of 2023, more than 200 Indian Tribes in 28 States are regulated under that Act; (4) on June 15, 2022, the Supreme Court of the United States ruled that the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act ( Public Law 100–89 (5) as of 2023, the Ysleta del Sur Pueblo and the Alabama-Coushatta Tribes are the only Indian Tribes in the United States that are eligible to game on Tribal land but not regulated under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. 3. Rule of construction and gaming activities (a) Rule of Construction The Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act ( Public Law 100–89 3. Rule of construction Nothing in this Act precludes or limits the applicability of the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. . (b) Gaming Activities Sections 107 and 207 of the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act ( Public Law 100–89
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Tribal Gaming Regulatory Compliance Act
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Raising Tariffs on Imports from China Act of 2023 This bill directs the President to annually calculate and publish in the Federal Register (1) the total value of articles imported into the United States from China, and (2) the total value of articles exported from the United States to China. If the total value of articles imported into the United States from China exceeds the total value of articles exported from the United States to China for the preceding year, then the President must impose a 25% ad valorem duty on each article imported from China. These additional duties must continue until the total value of articles imported from China is equal to or less than the total value of articles exported to China for the preceding calendar year.
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118 S1537 IS: Raising Tariffs on Imports from China Act of 2023 U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1537 IN THE SENATE OF THE UNITED STATES May 10, 2023 Mr. Hawley Committee on Finance A BILL To require the imposition of additional duties with respect to articles imported from the People's Republic of China until trade between the United States and the People's Republic of China comes into balance. 1. Short title This Act may be cited as the Raising Tariffs on Imports from China Act of 2023 2. Imposition of duties to balance trade with the People's Republic of China (a) Calculation of trade with the People's Republic of China Not later than January 31 of each year, the President shall calculate and publish in the Federal Register, for the preceding calendar year— (1) the total value of articles imported into the United States from the People’s Republic of China; and (2) the total value of articles exported from the United States to the People’s Republic of China. (b) Imposition of duties (1) In general If the total value calculated under paragraph (1) of subsection (a) exceeds the total value calculated under paragraph (2) of that subsection for the preceding calendar year, the President shall impose an additional duty with respect to each article imported into the United States from the People's Republic of China of 25 percent ad valorem. (2) Additional duties A duty imposed under paragraph (1) shall be in addition to any duty previously applicable with respect to an article. (c) Continued imposition of duties The duties imposed under subsection (b) with respect to articles imported into the United States from the People's Republic of China shall remain in effect until the total value calculated under paragraph (1) of subsection (a) is equal to or less than the total value calculated under paragraph (2) of that subsection for the preceding calendar year.
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Raising Tariffs on Imports from China Act of 2023
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Living Schoolyards Act of 2023 This bill directs the Department of Education (ED) to award grants to eligible entities (e.g., local educational agencies) for planning, designing, and constructing outdoor learning spaces on school grounds. Outdoor learning space refers to an outdoor physical space on school grounds that is (1) dedicated to meet or conduct curriculum-tied activities, (2) a dedicated space for outdoor classrooms that has seating and tables installed for students and teachers to meet regularly, or (3) a place that is used when the need arises to take learning outdoors. Additionally, ED must maintain a clearinghouse that provides specified information, including links and information about state and local entities with expertise in outdoor learning spaces and environmental education.
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118 S1538 IS: Living Schoolyards Act of 2023 U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1538 IN THE SENATE OF THE UNITED STATES May 10, 2023 Mr. Heinrich Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Education to award grants for outdoor learning spaces and to develop living schoolyards. 1. Short title This Act may be cited as the Living Schoolyards Act of 2023 2. Findings Congress finds the following: (1) City planning and urban development often disconnect communities from natural systems, such as forests, waterways, and wildlife habitats. Existing green spaces in our cities are not evenly distributed and the presence of neighborhood parks and nature-rich school grounds are strongly correlated with income in most cities across the United States. This means that communities with the fewest resources usually also have the least access to nature in their neighborhoods and on their school grounds. (2) Communities across the Nation are facing more extreme weather, including flooding, excessive heat, and forest fires. (3) Environmental sustainability has become a high priority in planning and design and should be incorporated in construction and renovation of schools across urban, suburban, and rural districts. (4) School districts are 1 of the largest land managers in almost every city and town in the United States. The choices schools and districts make about how they manage their land directly impacts students’ daily experiences, mental and physical health, and learning outcomes. Schools can benefit their students, educators, and surrounding communities through thoughtful design and use of their grounds, paying mind to local ecological, social, and cultural context. (5) On-campus green space that can be described as living schoolyards can have environmental and ecological resilience benefits, such as stormwater management, rainwater collection, carbon sequestration, air quality improvement, wildlife habitat restoration, mitigation of extreme heat, and ecological resiliency. (6) The amount of time the average American child spends outdoors is in constant decline. According to the Kaiser Family Foundation, children ages 8 through 18 now spend on average 7.5 hours per day in front of a screen. More than 28,000,000 children do not live within a 10-minute walk of a park. (7) Living schoolyards provide a diverse, engaging, multi-faceted play and social environment that encourages collaborative and cooperative play and social interaction. Adding living green spaces to schoolyards has been linked to persistent improvements in recess behavior. Living and green spaces have been shown to reduce bullying, anti-social behavior, and student misconduct, as well as support trauma-informed care and education. Evidence from a case study in Philadelphia correlates the transformation of a schoolyard, from asphalt to a living schoolyard, with a reduction in student suspensions. (8) Children spend a significant portion of their day on their school campuses, amounting to at least 840 instructional hours per year from grades 1 to 3, inclusive, and up to 1,080 hours for grades 9 to 12, inclusive. (9) Removing pavement and adding shade trees in places that are accessible to students and staff during the school day provides protection from high temperatures and reduces urban heat islands in the surrounding community, while also making school grounds more comfortable for both students and staff. (10) A living schoolyard that is park-like with trees and other plantings provides a peaceful, comfortable, and aesthetically pleasant environment for all students, and has been shown to increase physical activity, enhance brain development and function, improve vision and sleep, boost immune system health, and reduce risk of infectious and chronic disease among children. These spaces have been shown to improve mental health and the ability to pay attention for both children and adults. These spaces also have been shown to reduce stress, anxiety, and depressive symptoms, strengthen a sense of belonging, and restore a sense of calm and well-being and positive social behavior among students and staff. (11) An on-campus living and green space, which can include a school garden, is a fundamental component of a school environment intended to include and empower students, giving them a sense of place and community. (12) Children should be given the opportunity to reflect and embrace their local ecological, social, and cultural context in both recreational and instructional settings. (13) Living schoolyards provide clearer context and hands-on teaching resources for standards-based instruction in life and physical sciences, health and nutrition, social science, mathematics, reading and creative writing, visual and performing art, and other subject areas. (14) Outdoor activity is essential to learning, health, and the overall quality of student life. 3. Definitions In this Act: (1) ESEA terms The terms educational service agency elementary school local educational agency secondary school 20 U.S.C. 7801 (2) Eligible entity The term eligible entity (A) a local educational agency; (B) an educational service agency; or (C) a nonprofit organization that has expertise in outdoor learning spaces or outdoor education working in partnership with a local educational agency. (3) Living schoolyard The term living schoolyard (A) means a park-like outdoor environment at an elementary school or secondary school that strengthens local ecological systems, provides a wide range of hands-on learning resources, and fosters nature play and social opportunities while enhancing health and well-being of children and adults; and (B) may include climate appropriate trees and plants, cultivated gardens, outdoor meeting and gathering areas, and other non-petroleum-based elements designed by, and for, the students and the surrounding community. (4) Outdoor learning space The term outdoor learning space (A) dedicated to meet or conduct curriculum-tied activities; (B) a dedicated space for outdoor classrooms that has seating and tables installed for students and teachers to meet regularly; or (C) a place that is used when the need arises to take learning outdoors. (5) Secretary The term Secretary 4. Grant program for outdoor learning spaces (a) Authorization of program (1) Reservation for Bureau of Indian Education From the amount appropriated under subsection (d) to carry out this section for a fiscal year, the Secretary shall reserve 5 percent for the Secretary of the Interior to carry out this section for schools operated by the Bureau of Indian Education or schools that are operated by an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act ( 25 U.S.C. 5321 et seq. 25 U.S.C. 2501 et seq. (2) Authorization The Secretary shall award grants to eligible entities to enable the eligible entities to plan, design, and construct outdoor learning spaces. (3) Priorities In awarding grants under this section, the Secretary shall give priority to— (A) eligible entities that serve students not less than 40 percent of whom are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (B) eligible entities that are— (i) rural high-need local educational agencies with locale codes 32, 33, 41, 42, or 43; or (ii) educational service agencies serving rural high-need local educational agencies with locale codes 32, 33, 41, 42, or 43. (4) Grant amounts A grant awarded under this section shall be in an amount equal to not less than $25,000 and not more than $100,000 for each school to be served by the eligible entity with the grant. (b) Applications An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the following: (1) An identification of each public elementary school and secondary school served by the eligible entity that will receive assistance with grant funding provided under this section. (2) The timeframe needed to prepare outdoor learning spaces and the timeframe to begin using outdoor learning spaces. (3) The percentage of students the eligible entity serves who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (4) The projected number of schools that would participate in the outdoor learning spaces. (5) The projected number of students and staff that would participate in the outdoor learning spaces on a daily basis. (6) A description of how the eligible entity will assist students and staff that may need inclement weather clothing to participate in the outdoor learning spaces. (7) A description of how the eligible entity will consider access needs in compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. (c) Use of funds (1) In general An eligible entity that receives a grant under this section shall use the grant funds to plan, design, and construct outdoor learning spaces. Such outdoor learning spaces shall comply with at least 1 of the following: (A) The installation or planting of shade trees, positioned on school grounds where students can access them during the school day. Planting locations for shade trees shall be selected to improve the thermal comfort of outdoor learning spaces. (B) Replacement of asphalt, concrete, or pavement, including a consideration of materials that do not retain heat, and soil conditioning. (C) The installation of electricity and outlets or portable generators that benefits student learning. (D) The installation of outdoor furniture, such as seating and tables or work surfaces, for staff and students. (E) The availability of storage for outdoor teaching materials or wagons or carts for each teacher to transport supplies to and from the outdoor learning spaces. (F) The installation of outdoor wifi nodes, and potable charging stations. (G) The installation of outdoor food service facilities for serving, eating, and waste management. (H) The installation of school garden infrastructure and plantings, such as raised garden beds, potting soil, spigots, waterlines, irrigation and installation of native, low water, and food-producing plants that may help block the wind or provide shade. (I) The installation of open-ended, permanent canopies or shelters that protect students from sun, rain, or wind during outdoor activities. (J) The installation of open-sided, permanent outdoor structures, with or without large retractable doors. (2) Cap on amount used for play and recreation amenities An eligible entity that receives a grant under this section may use not more than 50 percent of the grant funds for the costs associated with the installation of play and recreation amenities. In the installation of play and recreation amenities, an eligible entity shall place an emphasis on amenities made of non-petroleum-based, natural materials. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2028. 5. Living schoolyard projects (a) Planning grants (1) In general The Secretary shall award planning grants to eligible entities to enable the eligible entities to develop master plans, including design and construction documents, to turn some or all of the outdoor spaces of the public elementary schools and secondary schools served by the eligible entities into living schoolyards. (2) Applications An eligible entity that desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the following: (A) An outline for, that includes the scope of, the master plan described in paragraph (3). (B) A plan for educator professional development in order to support educators in utilizing the living schoolyard. (C) Identification of State learning standards that may be addressed through student involvement in the living schoolyard. (D) A plan for how the eligible entity will provide for maintenance and operation of the living schoolyard after the grant period ends. (3) Master plan (A) In general An eligible entity that receives a grant under this subsection shall use the grant funds to develop a master plan, including design and construction documents, to turn some or all of the outdoor spaces of the public elementary schools and secondary schools served by the eligible entity into living schoolyards. Such master plan shall— (i) be developed with community input, including students, families, educators, and school staff; (ii) be developed with the goal of longevity and resilience of living schoolyards after the grant period under this subsection and subsection (b) has expired; and (iii) include— (I) ecological, climate, and biodiversity goals; (II) education and health goals; (III) accessibility standards; (IV) the number of students to be served at each school served under the grant, the total size of each such school property in acres, and the size of the proposed living schoolyard at each site in acres; (V) a school grounds concept plan drawing of the living schoolyard design proposed for each school served under the grant; (VI) an identification of community partners, including nonprofit organizations or design professionals, that have expertise in outdoor learning spaces or outdoor education, if applicable; and (VII) a longevity plan for how the eligible entity proposes to maintain the living schoolyards over time. (B) Components of a living schoolyard The master plan developed under subparagraph (A) may include the following living schoolyard components: (i) Growing food, planting pollinator plants, and creating habitat for wildlife. (ii) Conserving water, managing stormwater and observing things in nature. (iii) Supporting hands-on learning for prekindergarten through grade 12 activities and programs across subject areas and grade levels, such as conducting experiments regarding soil, wind, water, and other elements. (iv) Using the arts to prepare skits, plays, murals, drawings, and sculptures that celebrate nature, including its animals, plants, patterns, and behaviors. (v) Planting native shade trees, which— (I) directly protect students from the effects of extreme heat due to climate change; and (II) cast shade on adjacent classroom windows in the school building to help reduce temperatures indoors and save cooling costs during the warmest parts of the school year. (vi) Natural playgrounds, which include natural and nature-based elements like rock gardens, sand boxes, stump logs, streams, living plants, and others that are integrated with the outdoor landscape and vegetation, and which— (I) will produce less heat than traditional playgrounds and equipment; (II) are more inclusive and accessible for children of all abilities; (III) allow children to learn about nature; and (IV) are more cost-efficient than traditional playgrounds. (b) Implementation grants (1) In general The Secretary shall award implementation grants to eligible entities that received a planning grant under subsection (a) and developed a master plan in accordance with subsection (a). (2) Applications An eligible entity that desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. An eligible entity may apply for more than 1 grant in order to complete individual schools in separate phases. (3) Use of funds (A) In general An eligible entity that receives a grant under this subsection shall use the grant funds to implement some or all of the master plan developed in accordance with subsection (a) by turning some or all of the outdoor spaces of the public elementary schools and secondary schools served by the eligible entity into living schoolyards. (B) Permissible uses An eligible entity that receives a grant under this subsection may use not more than 25 percent of the grant funds— (i) for professional development for school leadership, educators, and paraprofessionals related to outdoor teaching and bringing students outside for learning; and (ii) to support an educator or other school staff member to maintain the living schoolyards of the elementary schools and secondary schools served by the eligible entity and provide professional development described in clause (i). (4) Match (A) In general An eligible entity that receives a grant under this subsection shall provide matching funds in an amount equal to 20 percent of the grant award. (B) Waiver The Secretary may waive the matching requirement under subparagraph (A) for an eligible entity that receives a grant under this subsection and serves students not less than 40 percent of whom are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. (5) Authorization of appropriations There are authorized to be appropriated to carry out this section $150,000,000 for each of fiscal years 2023 through 2027. 6. Clearinghouse The Secretary shall maintain a clearinghouse of information that— (1) provides examples of outdoor learning spaces, including successful models being used; (2) includes input from nonprofit organizations, professionals, and other community members with expertise in outdoor learning spaces and environmental education; and (3) provides links and information about State and local entities with expertise in outdoor learning spaces and environmental education.
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Living Schoolyards Act of 2023
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Facilitating Innovative Nuclear Diagnostics Act of 2023 This bill establishes separate payment requirements for diagnostic radiopharmaceuticals under the Medicare prospective payment system for hospital outpatient department services. The bill's requirements apply to diagnostic radiopharmaceuticals that have an average daily cost of $500 or more in 2024 and as adjusted based on a specified fee schedule factor in each year thereafter.
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118 S1544 IS: Facilitating Innovative Nuclear Diagnostics Act of 2023 U.S. Senate 2023-05-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1544 IN THE SENATE OF THE UNITED STATES May 10, 2023 Mrs. Blackburn Ms. Baldwin Committee on Finance A BILL To amend title XVIII of the Social Security Act to ensure equitable payment for, and preserve Medicare beneficiary access to, diagnostic radiopharmaceuticals under the Medicare hospital outpatient prospective payment system. 1. Short title This Act may be cited as the Facilitating Innovative Nuclear Diagnostics Act of 2023 2. Separate payment for certain diagnostic radiopharmaceuticals (a) In general Section 1833(t)(16) of the Social Security Act ( 42 U.S.C. 1395l(t)(16) (H) Separate payment for certain diagnostic radiopharmaceuticals (i) In general Notwithstanding any other provision of this subsection, with respect to services furnished on or after January 1, 2024, the Secretary shall not package, and shall make a separate payment as specified in clause (ii) for a diagnostic radiopharmaceutical (as defined in clause (v)) with an estimated mean per day product cost equal to or exceeding the threshold specified in clause (iii). (ii) Separate payment For purposes of clause (i), the separate payment specified in this subclause for a diagnostic radiopharmaceutical described in clause (i) shall be equal to— (I) the average sales price for the drug established under section 1847A, to the extent the average sales price is available, as calculated and adjusted by the Secretary to the extent such adjustment is adopted for other specified covered outpatient drugs under paragraph (14)(A); or (II) if the data necessary to calculate the average sales price for the drug in the year under the section and paragraph specified in subclause (I) is not available, the wholesale acquisition cost (as defined in section 1847A(c)(6)(B)), as calculated and adjusted by the Secretary to the extent such adjustment is adopted for other specified covered outpatient drugs under paragraph (14)(A), or, if the wholesale acquisition cost is not available, the mean unit cost data derived from hospital claims data. Nothing in this subparagraph shall be construed as affecting the eligibility of diagnostic radiopharmaceuticals for pass-through payments under paragraph (6). (iii) Threshold For purposes of this subparagraph, the threshold specified in this clause— (I) for 2024, is $500; and (II) for a subsequent year, is the amount specified in this clause for the preceding year increased by the OPD fee schedule increase factor under paragraph (3)(C)(iv) for the year. (iv) Budget neutrality The Secretary shall make such adjustments as are necessary under paragraph (9)(B) to ensure that the amount of expenditures under this subsection for a year with application of this subparagraph is equal to the amount of expenditures that would be made under this subsection for such year without application of this subparagraph. (v) Definition of diagnostic radiopharmaceutical For purposes of this subparagraph, the term diagnostic radiopharmaceutical . (b) No impact on copayment Section 1833(t)(8)(E) of the Social Security Act ( 42 U.S.C. 1395l(t)(8)(E) (1) in the heading, by inserting and separate payments for certain diagnostic radiopharmaceuticals pass-through adjustments (2) by inserting and paragraph (16)(H) such adjustments)
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Facilitating Innovative Nuclear Diagnostics Act of 2023
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Congressional Budget Office Data Access Act This bill exempts the Congressional Budget Office (CBO) from the Privacy Act of 1974 to expedite the sharing of data and information between CBO and federal agencies. Under current law, the Privacy Act of 1974 generally prohibits federal agencies from disclosing certain records pertaining to an individual without the individual's prior written consent. This bill allows federal agencies to disclose such records to CBO (or to an authorized representative of CBO) without obtaining the prior written consent of the individual. Several agencies, including the Government Accountability Office and the National Archives and Records Administration, are currently exempt from these requirements, and this bill adds CBO to the list of exemptions.
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118 S1549 ES: Congressional Budget Office Data Access 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. 1549 IN THE SENATE OF THE UNITED STATES AN ACT To provide the Congressional Budget Office with necessary authorities to expedite the sharing of data from executive branch agencies, and for other purposes. 1. Short title This Act may be cited as the Congressional Budget Office Data Access Act 2. Conditions of Disclosure for Federal Agency Information with the Congressional Budget Office Subsection (b) of section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 (1) by redesignating paragraphs (11) and (12) as paragraphs (12) and (13), respectively; and (2) by inserting after paragraph (10) the following: (11) to the Director of the Congressional Budget Office, or any authorized representative of the Director, in the course of performance of the duties of the Congressional Budget Office; . Passed the Senate June 22, 2023. Secretary
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Congressional Budget Office Data Access Act
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Lower Fees, Better Airports Act of 2023 This bill includes fees paid by an airline passenger to an air carrier for certain goods and services (e.g., services relating to ticketing of the purchase of frequent flier miles) offered during a flight as amounts paid for taxable transportation. Under current law, there is a 7.5 % excise tax imposed on amounts paid for taxable transportation.
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118 S1550 IS: Lower Fees, Better Airports Act of 2023 U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1550 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Schatz Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to include fees paid by airline passengers for goods and services offered during the course of a flight as amounts paid for taxable transportation. 1. Short title This Act may be cited as the Lower Fees, Better Airports Act of 2023 2. Fees paid by airline passengers for goods and services offered during flight (a) In general Section 4261(e) (6) Fees paid for goods and services (A) In general Any amount paid to an air carrier (or any related person) for any applicable product in connection with taxable transportation shall be treated for purposes of subsection (a) as an amount paid for taxable transportation, and such amount shall be taxable under subsection (a) without regard to any other provision of this subchapter. (B) Applicable product in connection with taxable transportation For purposes of this paragraph, the term applicable product in connection with taxable transportation (i) any service related to ticketing, booking, or the purchase of such taxable transportation (including payment processing and the change or cancellation or any ticket or reservation), regardless of whether such service is offered or provided electronically, by telephone, or in person, (ii) the direct purchase of frequent flyer miles or qualifying points toward airline status from a frequent flyer or similar program, including any subscriptions related to such purchase, (iii) the ability to redeem frequent flyer miles or points for transportation of persons by air or to accelerate the accumulation of frequent flyer miles or points, (iv) any service relating to seating or boarding, including seat assignments, upgrades to a higher level seating product, priority boarding, or early check-in, (v) the transportation (whether checked or carry-on) of any baggage, animal, or other property of the passenger, (vi) any in-flight food or beverage, (vii) any in-flight entertainment or wireless internet service, (viii) any accommodation or assistance provided for an unaccompanied minor passenger, (ix) membership in an airline club or similar program that entitles the passenger to— (I) free or discounted transportation by air, or (II) goods or services described in any other clause of this subparagraph, and (x) any other good or service identified by the Secretary for purposes of this paragraph. (C) Regulations Not later than 24 months after the date of enactment of this paragraph, 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 (1) In general Except as provided in paragraph (2), the amendment made by this section shall apply to amounts paid after the date of the enactment of this Act. (2) Special rule for applicable products identified by the Secretary In the case of any good or service identified by the Secretary of the Treasury (or the Secretary's delegate) pursuant to section 4161(e)(6)(B)(x) (A) the date determined by the Secretary of the Treasury (or the Secretary's delegate), or (B) the date that is 12 months after the date on which the Secretary of the Treasury (or the Secretary's delegate) identified such good or service pursuant to such section.
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Lower Fees, Better Airports Act of 2023
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Improved Transportation Consumer Protection Act of 2023 This bill establishes an Office of Consumer Protection in the Department of Transportation (DOT). The office must (1) assist, educate, and protect consumers; (2) monitor compliance with, conduct investigations relating to, and enforce consumer protection, civil rights, and licensing requirements; and (3) promulgate, as appropriate, consumer protection and civil rights regulations. The office must also submit an annual report to Congress on consumer protection issues. This report must be publicly available on DOT's website.
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118 S1551 IS: Improved Transportation Consumer Protection Act of 2023 U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1551 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Schatz Mr. Welch Mr. Luján Mr. Fetterman Mr. Markey Ms. Cortez Masto Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to establish an Office of Consumer Protection in the Department of Transportation, and for other purposes. 1. Short title This Act may be cited as the Improved Transportation Consumer Protection Act of 2023 2. Establishment of Office of Consumer Protection Section 102 of title 49, United States Code, is amended— (1) in subsection (e)(1)— (A) in the matter preceding subparagraph (A), by striking 7 8 (B) in subparagraph (A), by striking and an Assistant Secretary for Transportation Policy an Assistant Secretary for Transportation Policy, and an Assistant Secretary for Consumer Protection (2) by adding at the end the following: (j) Office of Consumer Protection (1) Establishment There is established in the Department an Office of Consumer Protection (referred to in this subsection as the Office (A) to assist, educate, and protect consumers; (B) to monitor compliance with, conduct investigations relating to, and enforce, including by taking appropriate action to address violations of, consumer protection, civil rights, and licensing requirements; and (C) to promulgate, as appropriate, consumer protection and civil rights regulations. (2) Leadership The Office shall be headed by the Assistant Secretary for Consumer Protection (referred to in this subsection as the Assistant Secretary (3) Coordination The Assistant Secretary shall coordinate with the General Counsel appointed under subsection (e)(1)(E), in accordance with section 1.26 of title 49, Code of Federal Regulations (or a successor regulation), on all legal matters relating to— (A) consumer protection; or (B) the duties and activities of the Office described in subparagraphs (A) through (C) of paragraph (1). (4) Annual report The Assistant Secretary shall submit to Congress and make publicly available on the website of the Department an annual report that, with respect to matters under the jurisdiction of the Department, or otherwise within the statutory authority of the Department to address— (A) analyzes trends in consumer protection, civil rights, and licensing; (B) identifies major challenges facing consumers; and (C) addresses any other relevant issues, as the Assistant Secretary determines to be appropriate. .
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Improved Transportation Consumer Protection Act of 2023
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National American Indian Veterans Charter Act This bill grants a federal charter to the National American Indian Veterans Inc., which is a nonprofit corporation organized in the United States.
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118 S1554 IS: National American Indian Veterans Charter Act U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1554 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Rounds Mr. Thune Mr. Cassidy Mr. Cramer Mr. Lankford Mr. Rubio Mrs. Fischer Ms. Lummis Mr. Barrasso Ms. Murkowski Mr. Graham Mr. Scott of Florida Mr. Hoeven Mr. Sullivan Mr. Moran Mr. Daines Mr. Braun Mr. Luján Ms. Klobuchar Mr. Warnock Mr. Padilla Ms. Warren Ms. Smith Ms. Cortez Masto Mr. Kelly Mrs. Feinstein Ms. Rosen Ms. Sinema Mr. Bennet Mr. Hickenlooper Mr. Blumenthal Mr. Heinrich Ms. Hirono Mr. King Mr. Ossoff Mr. Mullin Committee on the Judiciary A BILL To grant a Federal charter to the National American Indian Veterans, Incorporated. 1. Short title This Act may be cited as the National American Indian Veterans Charter Act 2. Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated (a) In general Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following: 1504 National American Indian Veterans, Incorporated Sec. 150401. Organization. 150402. Purposes. 150403. Membership. 150404. Board of directors. 150405. Officers. 150406. Nondiscrimination. 150407. Powers. 150408. Exclusive right to name, seals, emblems, and badges. 150409. Restrictions. 150410. Duty to maintain tax-exempt status. 150411. Records and inspection. 150412. Service of process. 150413. Liability for acts of officers and agents. 150414. Failure to comply with requirements. 150415. Annual report. 150401 Organization The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter as the corporation 150402. Purposes The purposes of the corporation are those stated in the articles of incorporation, constitution, and bylaws of the corporation, and include a commitment— (1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian Nations; (2) to unite under one body all American Indian veterans who served in the Armed Forces of United States; (3) to be an advocate on behalf of all American Indian veterans without regard to whether they served during times of peace, conflict, or war; (4) to promote social welfare (including educational, economic, social, physical, and cultural values and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; (5) to serve as an advocate for the needs of American Indian veterans and their families and survivors in their dealings with all Federal and State government agencies; (6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between American Indian veterans and American society; and (7) to provide technical assistance to the Bureau of Indian Affairs regional areas that are not served by any veterans committee or organization or program by— (A) providing outreach service to Indian Tribes in need; and (B) training and educating Tribal Veterans Service Officers for Indian Tribes in need. 150403. Membership Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. 150404. Board of directors Subject to section 150406, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated. 150405. Officers Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. 150406. Nondiscrimination In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. 150407. Powers The corporation shall have only those powers granted the corporation through its articles of incorporation, constitution, and bylaws, which shall conform to the laws of the jurisdiction under which the corporation is incorporated. 150408. Exclusive right to name, seals, emblems, and badges (a) In general The corporation shall have the sole and exclusive right to use the names National American Indian Veterans, Incorporated National American Indian Veterans (b) Effect Nothing in this section interferes or conflicts with any established or vested rights. 150409. Restrictions (a) Stock and dividends The corporation may not— (1) issue any shares of stock; or (2) declare or pay any dividends. (b) Distribution of income or assets (1) In general The income or assets of the corporation may not— (A) inure to any person who is a member, officer, or director of the corporation; or (B) be distributed to any such person during the life of the charter granted by this chapter. (2) Effect Nothing in this subsection prevents the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. (c) Loans The corporation may not make any loan to any officer, director, member, or employee of the corporation. (d) No federal endorsement The corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation. 150410. Duty to maintain tax-exempt status The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986. 150411. Records and inspection (a) Records The corporation shall keep— (1) correct and complete books and records of accounts; (2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and (3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. (b) Inspection (1) In general All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time. (2) Effect Nothing in this section contravenes— (A) the laws of the jurisdiction under which the corporation is incorporated; or (B) the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. 150412. Service of process With respect to service of process, the corporation shall comply with the laws of— (1) the jurisdiction under which the corporation is incorporated; and (2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. 150413. Liability for acts of officers and agents The corporation shall be liable for the acts of the officers and agents of the corporation acting within the scope of their authority. 150414. Failure to comply with requirements If the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. 150415. Annual report (a) In general The corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year. (b) Submittal date Each annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b). (c) Report not public document No annual report under this section shall be printed as a public document. . (b) Clerical amendment The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: 1504. National American Indian Veterans, Incorporated 150401 .
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National American Indian Veterans Charter Act
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Pollinator Power Act of 2023 This bill expands the Rural Energy for America Program to direct the Department of Agriculture (USDA) to provide loan guarantees and grants to agriculture producers, rural small businesses, and farmer-owned cooperatives to carry out solar projects that include the creation of pollinator habitat. The bill also requires USDA to give priority to these projects.
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118 S1555 IS: Pollinator Power Act of 2023 U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1555 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Merkley Mr. Booker Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Farm Security and Rural Investment Act of 2002 to support solar projects under the Rural Energy for America Program, and for other purposes. 1. Short title This Act may be cited as the Pollinator Power Act of 2023 2. Solar projects under Rural Energy for America Program Section 9007(c) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107(c) (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (i)(II), by striking and (ii) in clause (ii)(III), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (iii) loan guarantees and grants to agricultural producers, rural small businesses, and farmer-owned cooperatives to carry out solar projects that include the creation of pollinator habitat (as defined by the Natural Resources Conservation Service), in accordance with subparagraph (C). ; and (B) by adding at the end the following: (C) Solar projects with pollinator habitat requirement A project described in subparagraph (A)(iii) shall meet the following requirements: (i) Not less than 35 percent of new solar area created under the project shall be pollinator habitat (as defined by the Natural Resources Conservation Service). (ii) Not less than 50 percent of the pollinator habitat (as so defined) shall be planted and maintained as a native cover composed only of native plant species. ; (2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (3) by inserting after paragraph (1) the following: (2) Priority In providing loan guarantees and grants under paragraph (1)(A), the Secretary shall give priority to projects described in clause (iii) of that paragraph. ; and (4) in paragraph (4) (as so redesignated), in subparagraph (A)— (A) by striking The amount (i) In general Except as provided in clause (ii), the amount ; and (B) by adding at the end the following: (ii) Solar projects with pollinator habitat The amount of a grant under paragraph (1)(A)(iii) shall not exceed 55 percent of the cost of the activity carried out using funds from the grant, including the cost of the creation of a pollinator habitat. .
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Pollinator Power Act of 2023
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Seaman Xavier Sandor Support for Sailors Act This bill addresses housing allowance and mental health care for certain members of the uniformed services. Specifically, the bill allows the military department concerned to authorize payment of a basic allowance for housing to a member of a uniformed service without dependents who is serving in pay grades E-1 through E-5 and has orders to a naval vessel that is undergoing maintenance. The bill also authorizes the Department of Defense to appoint and retain two licensed clinicians to serve as Navy deployed resiliency counselors for each nuclear-powered aircraft carrier or large-deck amphibious ship/landing helicopter assault ship in the Naval Vessel Register.
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118 S1556 IS: Seaman Xavier Sandor Support for Sailors Act U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1556 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Murphy Mr. Blumenthal Committee on Armed Services A BILL To amend title 37, United States Code, to authorize the payment of a basic allowance for housing for certain members of the uniformed services assigned to naval vessels undergoing maintenance, and to amend title 5, United States Code, to authorize an increase in the number of Navy deployed resiliency counselors available to such members. 1. Short title This Act may be cited as the Seaman Xavier Sandor Support for Sailors Act 2. Allowances and resources for members of uniformed services assigned to certain naval vessels (a) Basic allowance for housing for members assigned to vessels undergoing maintenance Section 403(f)(2) of title 37, United States Code, is amended— (1) in subparagraph (A), by striking subparagraphs (B) and (C) subparagraphs (B), (C), and (D) (2) by adding at the end the following new subparagraph: (D) (i) Under regulations prescribed by the Secretary concerned, the Secretary may authorize the payment of a basic allowance for housing to a member of a uniformed service without dependents who is serving in any of pay grades E–1 through E–5 and has orders to a naval vessel that is undergoing maintenance. (ii) In prescribing regulations under clause (i), the Secretary concerned shall— (I) specify the types of vessel maintenance and the duration of that maintenance required for a member described in clause (i) to be eligible for a basic allowance for housing under that clause; and (II) consider the availability of quarters for such members before authorizing the payment of a basic allowance for housing for such members. (iii) The Secretary concerned shall terminate the provision of a basic allowance for housing to a member described in clause (i) upon the completion of the vessel maintenance described in that clause. . (b) Increase in number of Navy deployed resiliency counselors Section 9903(e) of title 5, United States Code, is amended— (1) by striking The number (1) Except as provided by paragraph (2), the number (2) by adding at the end the following new paragraph: (2) Without regard to the limitation under paragraph (1), the Secretary may appoint and retain under subsection (b)(1) two licensed clinicians to serve as Navy deployed resiliency counselors for each nuclear-powered aircraft carrier (CVN) or large deck amphibious ship/landing helicopter assault ship (LHD/LHA) in the Naval Vessel Register. .
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Seaman Xavier Sandor Support for Sailors Act
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Affordable Housing Credit Improvement Act of 2023 This bill revises provisions of the low-income housing tax credit and renames it as the affordable housing tax credit. The bill increases the per capita dollar amount of the credit and its minimum ceiling amount beginning in 2023 and extends the inflation adjustment for such amounts. The bill modifies tenant income eligibility requirements and the average income formula for determining such income. It also revises rules for student occupancy of rental units and tenant voucher payments, and prohibits any refusal to rent to victims of domestic abuse. The bill further modifies the credit to increase state allocations of the credit; repeal the qualified census tract population cap; prohibit consideration of local approval and local government contribution requirements for housing projects; increase the credit for certain projects designated to serve extremely low-income households; increase the credit for certain bond-financed projects designated by state agencies; eliminate the basis reduction for properties that receive certain energy-related tax benefits; and increase the population cap for difficult development areas (i.e., areas with high construction, land, and utility costs relative to area median gross income). The bill also includes Indian and rural areas as difficult development areas and modifies other requirements relating to casualty losses, tax-exempt bond financing, and foreclosures.
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118 S1557 IS: Affordable Housing Credit Improvement Act of 2023 U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1557 IN THE SENATE OF THE UNITED STATES May 11, 2023 Ms. Cantwell Mr. Young Mr. Wyden Mrs. Blackburn Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to reform the low-income housing credit, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Affordable Housing Credit Improvement 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—Reform of State allocation formulas Sec. 101. Increases in State allocations. Title II—Reforms relating to tenant eligibility Sec. 201. Average income test applicability to exempt facility bonds. Sec. 202. Codification of rules relating to increased tenant income. Sec. 203. Modification of student occupancy rules. Sec. 204. Tenant voucher payments taken into account as rent for certain purposes. Sec. 205. Requirement that low-income housing credit-supported housing protect victims of domestic abuse. Sec. 206. Clarification of general public use requirement relating to veterans, etc. Title III—Rules relating to credit eligibility and determination Sec. 301. Reconstruction or replacement period after casualty loss. Sec. 302. Modification of previous ownership rules; limitation on acquisition basis. Sec. 303. Certain relocation costs taken into account as rehabilitation expenditures. Sec. 304. Repeal of qualified census tract population cap. Sec. 305. Determination of community revitalization plan to be made by housing credit agency. Sec. 306. Prohibition of local approval and contribution requirements. Sec. 307. Increase in credit for certain projects designated to serve extremely low-income households. Sec. 308. Increase in credit for bond-financed projects designated by State agency. Sec. 309. Elimination of basis reduction for low-income housing properties energy efficient commercial building deduction. Sec. 310. Restriction of planned foreclosures. Sec. 311. Increase of population cap for difficult development areas. Sec. 312. Increased cost oversight and accountability. Sec. 313. Tax-exempt bond financing requirement. Title IV—Reforms relating to Native American assistance Sec. 401. Selection criteria under qualified allocation plans. Sec. 402. Inclusion of Indian areas as difficult development areas for purposes of certain buildings. Title V—Reforms relating to rural assistance Sec. 501. Inclusion of rural areas as difficult development areas. Sec. 502. Uniform income eligibility for rural projects. Title VI—Exempt facility bonds Sec. 601. Revision and clarification of the treatment of refunding issues. Title VII—Affordable housing tax credit Sec. 701. Affordable housing tax credit. Title VIII—Data and Transparency Sec. 801. Sense of Congress. I Reform of State allocation formulas 101. Increases in State allocations (a) In general Clause (ii) of section 42(h)(3)(C) of the Internal Revenue Code is amended— (1) in subclause (I), by striking $1.75 the per capita amount (2) in subclause (II), by striking $2,000,000 the minimum amount (b) Per capita amount; minimum amount Section 42(h)(3) (H) Per capita amount For purposes of subparagraph (C)(ii)(I), the per capita amount shall be determined as follows: (i) Calendar year 2023 For calendar year, 2023, the per capita amount is $3.90. (ii) Calendar year 2024 For calendar year 2024, the per capita amount is the product of— (I) 1.25, and (II) the dollar amount under clause (i) increased by an amount equal to— (aa) such dollar amount, multiplied by (bb) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2022 calendar year 2016 If the amount determined after application of the preceding sentence is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000. (iii) Calendar years after 2024 In the case of any calendar year after 2024, the per capita amount is the dollar amount determined under clause (ii) increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2023 calendar year 2016 Any amount increased under the preceding sentence which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents. (I) Minimum amount For purposes of subparagraph (C)(ii)(II), the minimum amount shall be determined as follows: (i) Calendar year 2023 For calendar year, 2023, the minimum amount is $4,495,000. (ii) Calendar year 2024 For calendar year 2024, the minimum amount is the product of— (I) 1.25, and (II) the dollar amount under clause (i) increased by an amount equal to— (aa) such dollar amount, multiplied by (bb) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2022 calendar year 2016 If the amount determined after application of the preceding sentence is not a multiple of 5 cents, such amount shall be rounded to the next lowest multiple of 5 cents. (iii) Calendar years after 2024 In the case of any calendar year after 2024, the minimum amount is the dollar amount determined under clause (ii) increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2023 calendar year 2016 Any amount increased under the preceding sentence which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000. . (c) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2022. II Reforms relating to tenant eligibility 201. Average income test applicability to exempt facility bonds (a) In general Paragraph (1) of section 142(d) (1) by striking (A) or (B) (A), (B), or (C) (2) by inserting after subparagraph (B) the following new subparagraph: (C) Average income test A project meets the requirements of this subparagraph if it meets the minimum requirements of section 42(g)(1)(C). . (b) Effective date The amendments made by this section shall apply to elections made under section 142(d)(1) 202. Codification of rules relating to increased tenant income (a) In general Clause (i) of section 42(g)(2)(D) clauses (ii), (iii), and (iv) (I) a low-income unit shall continue to be treated as a low-income unit if the income of such occupants initially was 60 percent or less of area median gross income and such unit continues to be rent-restricted, and (II) a unit to which, at the time of initial occupancy by such occupants, any Federal, State, or local government income restriction applied, and which subsequently becomes part of a building with respect to which rehabilitation expenditures are taken into account under subsection (e), shall be treated as a low-income unit if the income of such occupants initially was 60 percent or less of area median gross income and does not exceed 120 percent of area median gross income as of the date of acquisition of the property by the taxpayer. . (b) Exception Subparagraph (D) of section 42(g)(2) (vi) Exception to rule relating to increased tenant income In the case of an occupant of a low-income unit who initially qualified to occupy such unit by reason of paragraph (1)(C) with an income in excess of 60 percent of area median gross income but not in excess of 80 percent of area median gross income, clause (i) shall be applied for substituting 80 percent 60 percent . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 203. Modification of student occupancy rules (a) In General Subparagraph (D) of section 42(i)(3) (D) Rules relating to students (i) In general A unit occupied solely by individuals who— (I) have not attained age 24, and (II) are enrolled in a full-time course of study at an institution of higher education (as defined in section 3304(f)), shall not be treated as a low-income unit. (ii) Exception for certain Federal programs In the case of a federally-assisted building (as defined in subsection (d)(6)(C)(i)), clause (i) shall not apply to a unit all of the occupants of which meet all applicable requirements under the housing program described in such subsection through which the building is assisted, financed, or operated. (iii) Other exceptions An individual shall not be treated as described in clause (i) if the individual meets the income limitation applicable under subsection (g)(1) to the project of which the building is a part and— (I) is married, (II) is a person with disabilities (as defined in section 3(b)(3)(E) of the United States Housing Act of 1937), (III) is a veteran (as defined in section 101(2) of title 38, United States Code), (IV) has 1 or more qualifying children (as defined in section 152(c)), (V) is or has been a victim or threatened victim of domestic violence, dating violence, sexual assault, or stalking (as defined in section 40002 of the Violence Against Women Act of 1994), (VI) is or has been a victim of any form of human trafficking, or (VII) is, or was prior to attaining the age of majority— (aa) an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual's State of legal residence, (bb) under the care and placement responsibility of the State agency responsible for administering a plan under part B or part E of title IV of the Social Security Act, or (cc) an unaccompanied youth (within the meaning of section 725(6) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(6) 42 U.S.C. 11434a(2) For purposes of subclause (VI), an individual is or has been a victim of human trafficking if such individual was subjected to an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2023. 204. Tenant voucher payments taken into account as rent for certain purposes (a) In general Subparagraph (B) of section 42(g)(2) In the case of a project with respect to which the taxpayer elects the requirements of subparagraph (C) of paragraph (1), or the portion of a project to which subsection (d)(5)(C) applies, clause (i) shall not apply with respect to any tenant-based assistance (as defined in section 8(f)(7) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(f)(7) (b) Effective date The amendments made by this section shall apply to rent paid in taxable years beginning after December 31, 2023. 205. Requirement that low-income housing credit-supported housing protect victims of domestic abuse (a) In general Subparagraph (B) of section 42(h)(6) and , and (vii) which— (I) prohibits the refusal to lease to, or termination of a lease by, a person solely on the basis of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking that is engaged in by a member of the household of the tenant or any guest or other person under the control of the tenant, if the tenant or an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating violence, sexual assault, or stalking, and (II) allows prospective, present, or former occupants of the building the right to enforce in any State court the prohibition of subclause (I). . (b) Bifurcation (1) In general Subparagraph (B) of section 42(h)(6) For purposes of clause (vii)(I), rules similar to the rules of section 41411(b)(3)(B) of the Violence Against Women Act of 1994 shall apply with respect to the owner or manager of a building. . (2) Effect of bifurcation Paragraph (2) of section 42(g) of such Code is amended by adding at the end the following new subparagraph: (F) Treatment of bifurcation in cases of domestic violence In any case in which— (i) an occupant is evicted or removed from a low-income unit because such occupant has engaged in criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an affiliated individual or other individual on the basis of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking, and (ii) the lease on such unit is bifurcated as provided in the last sentence of subsection (h)(6)(B), then the remaining occupants of such low-income unit shall not be treated as a new tenant for purposes of this section. . (c) Clarification of general public use requirement Paragraph (9) of section 42(g) or , or (D) who are victims or threatened victims of criminal activity directly relating to domestic violence, dating violence, sexual assault, or stalking. . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to agreements executed or modified on or after the date that is 30 days after the date of the enactment of this Act. (2) Public use requirement The amendments made by subsection (c) shall apply to buildings placed in service before, on, or after the date of the enactment of this Act. 206. Clarification of general public use requirement relating to veterans, etc (a) In general Paragraph (9) of section 42(g) Any veteran of the Armed Forces shall be treated as a member of a specified group under a Federal program for purposes of subparagraph (B). . (b) Qualified residential rental projects Paragraph (2) of section 142(d) (F) Clarification of general public use requirement A unit shall not fail to meet the general public use requirement solely because of occupancy restrictions or preferences, if such restrictions or preferences meet the general public use requirement of section 42. . (c) Effective dates (1) In general The amendment made by subsection (a) shall apply to buildings placed in service before, on, or after the date of the enactment of this Act. (2) Qualified residential rental projects The amendment made by subsection (b) shall apply to bonds issued before, on, or after the date of the enactment of this Act. III Rules relating to credit eligibility and determination 301. Reconstruction or replacement period after casualty loss (a) No recapture following casualty loss Subparagraph (E) of section 42(j)(4) (E) No recapture by reason of casualty loss (i) In general The increase in tax under this subsection shall not apply to a reduction in qualified basis by reason of a casualty loss to the extent such loss is restored by reconstruction or replacement within a reasonable period established by the applicable housing credit agency, not to exceed 25 months from the date on which the qualified casualty loss arises. (ii) Qualified casualty losses In the case of a qualified casualty loss, the period described in clause (i) may be extended, but not in excess of 12 months, if the applicable housing credit agency determines the qualified casualty arose by reason of an event which was not discrete to the building and which made a reconstruction or replacement within 25 months impractical. In the event the applicable housing credit agency determines a period in excess of 25 months is necessary for such reconstruction or replacement, the compliance period shall be increased by any such additional time. (iii) Application The determination under paragraph (1) shall not be made with respect to a property the basis of which is affected by a qualified casualty loss until the period described in clause (i) (as modified by clause (ii), if applicable) with respect to such property has expired. (iv) Qualified casualty loss For purposes of this subparagraph, the term qualified casualty loss . (b) Qualified basis following casualty loss Paragraph (1) of section 42(c) (F) Qualified basis following casualty loss If a casualty causes the qualified basis of a building in any year to be less than the qualified basis in the immediately preceding year then, in the year of such casualty and each succeeding year until such building or the units affected by the casualty are reconstructed or replaced (but only through the last year of the period permitted for reconstruction or replacement under subsection (j)(4)(E))— (i) the qualified basis of such building shall be equal to the qualified basis of such building as of the last day of the year preceding the year in which such casualty occurred, (ii) if such building is not reconstructed or replaced by the expiration of the applicable period for such reconstruction or replacement under subsection (j)(4), then the recapture amount provided for in subsection (j)(1) shall include the amount of any credit claimed under this section by reason of the application of clause (i), and (iii) a building which was a qualified low-income building as of the last day of the year preceding the year in which such casualty occurred shall not cease to be a qualified low-income building solely because of such casualty. . (c) Effective date The amendments made by this section shall apply to casualties occurring after the date which is 25 months before the date of the enactment of this Act. 302. Modification of previous ownership rules; limitation on acquisition basis (a) In general Clause (ii) of section 42(d)(2)(B) , or the taxpayer elects the application of subparagraph (C)(ii) service (b) Limitation on acquisition basis Subparagraph (C) of section 42(d)(2) (1) by striking For purposes of subparagraph (A), the adjusted basis (i) In general The adjusted basis , and (2) by adding at the end the following new clauses: (ii) Buildings in service within previous 10 years If the period between the date of acquisition of the building by the taxpayer and the date the building was last placed in service is less than 10 years, the taxpayer's basis attributable to the acquisition of the building which is taken into account in determining the adjusted basis shall not exceed the sum of— (I) the lowest amount paid for acquisition of the building by any person during the 10 years preceding the date of the acquisition of the building by the taxpayer, adjusted as provided in clause (iii), and (II) the value of any capital improvements made by the person who sells the building to the taxpayer which are reflected in such seller's basis. (iii) Adjustment With respect to a basis determination made in any taxable year, the amount described in clause (ii)(I) shall be increased by an amount equal to— (I) such amount, multiplied by (II) a cost-of-living adjustment, determined in the same manner as under section 1(f)(3) for the calendar year in which the taxable year begins by taking into account the acquisition year in lieu of calendar year 1992. For purposes of the preceding sentence, the acquisition year is the calendar year in which the lowest amount referenced in clause (ii)(I) was paid for the acquisition of the building. . (c) Conforming amendments Clause (i) of section 42(d)(2)(D) (1) by striking for subparagraph (B) (2) by striking subparagraph (B)(ii) subparagraph (B)(ii) or (C)(ii) (d) Modification of placed in service rule Clause (iii) of section 42(d)(2)(B) (iii) the building was not owned by the taxpayer or by any person related (as of the date of acquisition by the taxpayer) to the taxpayer at any time during the 5-year period ending on the date of acquisition by the taxpayer, and . (e) Effective date The amendments made by this section shall apply to buildings placed in service after December 31, 2022. 303. Certain relocation costs taken into account as rehabilitation expenditures (a) In general Paragraph (2) of section 42(e) (C) Certain relocation costs In the case of a rehabilitation of a building to which section 280B does not apply, costs relating to the relocation of occupants, including— (i) amounts paid to occupants, (ii) amounts paid to third parties for services relating to such relocation, and (iii) amounts paid for temporary housing for occupants, shall be treated as chargeable to capital account and taken into account as rehabilitation expenditures. . (b) Effective date The amendment made by this section shall apply to expenditures paid or incurred after December 31, 2022. (c) No inference Nothing in the amendment made by this section shall be construed to create any inference with respect to the treatment of relocation costs paid or incurred before December 31, 2022. 304. Repeal of qualified census tract population cap (a) In general Clause (ii) of section 42(d)(5)(B) (1) by striking subclauses (II) and (III), and (2) by striking “ Qualified census tract (I) In general The term , and inserting Qualified census tract (b) Effective date The amendments made by this section shall apply to designations of qualified census tracts under section 42(d)(5)(B)(ii) 305. Determination of community revitalization plan to be made by housing credit agency (a) In general Subclause (III) of section 42(m)(1)(B)(ii) , as determined by the housing credit agency according to criteria established by such agency, (d)(5)(B)(ii)) and (b) Criteria Paragraph (1) of section 42(m) (E) Criteria for determination relating to concerted community revitalization plan For purposes of subparagraph (B)(ii)(III), the criteria which shall be established by a housing credit agency for determining whether the development of a project contributes to a concerted community development plan shall take into account any factors the agency deems appropriate, including the extent to which the proposed plan— (i) is geographically specific, (ii) outlines a clear plan for implementation and goals for outcomes, (iii) includes a strategy for applying for or obtaining commitments of public or private investment (or both) in nonhousing infrastructure, amenities, or services, and (iv) demonstrates the need for community revitalization. . (c) Effective date The amendments made by this section shall apply to allocations of housing credit dollar amounts made under qualified allocation plans (as defined in section 42(m)(1)(B) 306. Prohibition of local approval and contribution requirements (a) In general Paragraph (1) of section 42(m) (1) by striking clause (ii) of subparagraph (A) and by redesignating clauses (iii) and (iv) thereof as clauses (ii) and (iii), and (2) by adding at the end the following new subparagraph: (F) Local approval or contribution not taken into account The selection criteria under a qualified allocation plan shall not include consideration of— (i) any support or opposition with respect to the project from local or elected officials, or (ii) any local government contribution to the project, except to the extent such contribution is taken into account as part of a broader consideration of the project's ability to leverage outside funding sources, and is not prioritized over any other source of outside funding. . (b) Effective date The amendments made by this section shall apply to allocations of housing credit dollar amounts made under qualified allocation plans (as defined in section 42(m)(1)(B) 307. Increase in credit for certain projects designated to serve extremely low-income households (a) In general Paragraph (5) of section 42(d) (C) Increase in credit for projects designated to serve extremely low-income households In the case of any building— (i) 20 percent or more of the residential units (determined as if the imputed income limitation applicable to such units were 30 percent of area median gross income) in which are designated by the taxpayer for occupancy by households the aggregate household income of which does not exceed the greater of— (I) 30 percent of area median gross income, or (II) 100 percent of an amount equal to the Federal poverty line (within the meaning of section 36B(d)(3)), and (ii) which is designated by the housing credit agency as requiring the increase in credit under this subparagraph in order for such building to be financially feasible as part of a qualified low-income housing project, subparagraph (B) shall not apply to the portion of such building which is comprised of such units (determined in a manner similar to the unit fraction under subsection (c)(1)(C)), and the eligible basis of such portion of the building shall be 150 percent of such basis determined without regard to this subparagraph. . (b) Effective date The amendment made by this section shall apply to buildings which receive allocations of housing credit dollar amount after the date of enactment of this Act or, in the case of buildings financed as described in section 42(h)(4)(B) 308. Increase in credit for bond-financed projects designated by State agency (a) In general Clause (v) of section 42(d)(5)(B) (b) Technical amendment Clause (v) of section 42(d)(5)(B) (1) by striking State (2) by striking State housing credit agency housing credit agency (c) Effective date The amendments made by this section shall apply to buildings described in section 42(h)(4)(B) 309. Elimination of basis reduction for low-income housing properties energy efficient commercial building deduction (a) Energy efficient commercial buildings deduction Subsection (e) of section 179D (1) by striking reduction reduction (1) In general For purposes , and (2) by adding at the end the following new paragraph: (2) Exception for affordable housing properties Paragraph (1) shall not apply for purposes of determining eligible basis under section 42. . (b) Effective date The amendments made by this section shall apply to buildings which receive allocations of housing credit dollar amount after the date of the enactment of this Act or, in the case of buildings financed as described in section 42(h)(4)(B) 310. Restriction of planned foreclosures (a) In general Subclause (I) of section 42(h)(6)(E)(i) (I) on the 61st day after the taxpayer (or a successor in interest) provides notice to the Secretary and the housing credit agency that the building has been acquired by foreclosure (or instrument in lieu of foreclosure) and that the taxpayer intends the termination of such period, unless, before such date, the Secretary or the housing credit agency determines that such acquisition is part of an arrangement with the taxpayer a purpose of which is to terminate such period, or . (b) Conforming amendment The second sentence of clause (i) of section 42(h)(6)(E) Subclause (II) Subclauses (I) and (II) (c) Effective date The amendments made by this section shall apply to acquisitions by foreclosure (or instrument in lieu of foreclosure) after December 31, 2022. 311. Increase of population cap for difficult development areas (a) In general Subclause (II) of section 42(d)(5)(B)(iii) 20 percent 30 percent (b) Effective date The amendment made by this section shall apply to designations made under section 42(d)(5)(B)(iii) 312. Increased cost oversight and accountability (a) In general Subparagraph (C) of section 42(m)(1) and , and (xi) the reasonableness of the development costs of the project. . (b) Effective date The amendments made by this section shall apply to allocations of credits under section 42 313. 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 the date of the enactment of the Affordable Housing Credit Improvement Act of 2023 25 percent 50 percent (b) Effective date The amendment made by this section shall apply to any building some portion of which, or of the land on which the building is located, is financed by an obligation which is described in section 42(h)(4)(A) IV Reforms relating to Native American assistance 401. Selection criteria under qualified allocation plans (a) In general Subparagraph (C) of section 42(m)(1) and , and (xii) the affordable housing needs of individuals in the State who are— (I) enrolled members of a tribe with respect to an Indian tribal government (including any agencies or instrumentalities of an Indian tribal government and any Alaska Native regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. (II) described in section 801(9) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221(9) . (b) Effective date The amendments made by this section shall apply to allocations of credits under section 42 402. Inclusion of Indian areas as difficult development areas for purposes of certain buildings (a) In general Subclause (I) of section 42(d)(5)(B)(iii) , and any Indian area (b) Indian area Clause (iii) of section 42(d)(5)(B) (II) Indian area For purposes of subclause (I), the term Indian area 25 U.S.C. 4103(11) 25 U.S.C. 4221(5) . (c) Eligible buildings Clause (iii) of section 42(d)(5)(B) (IV) Special rule for buildings in Indian areas In the case of an area which is a difficult development area solely because it is an Indian area, a building shall not be treated as located in such area unless such building is assisted or financed under the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4101 et seq. 25 U.S.C. 4103(22) . (d) Effective date The amendments made by this section shall apply to buildings placed in service after December 31, 2023. V Reforms relating to rural assistance 501. Inclusion of rural areas as difficult development areas (a) In general Subclause (I) of section 42(d)(5)(B)(iii) , any rural area median gross income (b) Rural area Clause (iii) of section 42(d)(5)(B) (III) Rural area For purposes of subclause (I), the term rural area . (c) Effective date The amendments made by this section shall apply to buildings placed in service after December 31, 2023. 502. Uniform income eligibility for rural projects (a) In general Paragraph (8) of section 42(i) (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2022. VI Exempt facility bonds 601. Revision and clarification of the treatment of refunding issues (a) In general Subparagraph (A) of section 146(i)(6) (A) In general During the 12-month period beginning on the date of a repayment of a loan financed by an issue 95 percent or more of the net proceeds of which are used to provide projects described in section 142(d), if such repayment is used to provide a new loan for any project described in section 142(a)(7) or for any purpose described in subsection (a)(2)(A) or (b) of section 143, any bond which is issued to refinance such issue shall be treated as a refunding issue. Any issue treated as a refunding issue by reason of the preceding sentence shall be so treated only to the extent the principal amount of such refunding issue does not exceed the principal amount of the bonds refunded. . (b) Removal of one-Refunding limit Subparagraph (B) of section 146(i)(6) (1) by striking 4 years 10 years (2) by striking was issued is issued (3) by redesignating clauses (i) (as so amended), (ii) (as so amended), and (iii) as subclauses (I), (II), and (III), respectively, and by moving such subclauses 2 ems to the right, (4) by striking Limitations Limitations (i) In general Subparagraph (A) shall apply to a bond , and (5) by adding at the end the following new clause: (ii) Source of loan repayment Subparagraph (A) shall not apply to any repayment of a loan which is— (I) made by a repayment of another loan, or (II) financed by an issue treated as a refunding issue under subparagraph (A). . (c) Conforming amendment The heading of paragraph (6) of section 146(i) residential rental project bonds as refunding bonds irrespective of obligor bonds as refunding bonds (d) Effective dates (1) In general The amendments made by subsections (a) and (c) shall apply to bonds issued on or after the date of the enactment of this Act. (2) Removal of one-refunding limit The amendments made by subsection (b) shall apply to repayments of loans received after July 30, 2008. VII Affordable housing tax credit 701. Affordable housing tax credit (a) In general The heading of section 42 Low-income Affordable (b) Conforming amendments (1) Subsection (a) of section 42 low-income affordable (2) Paragraph (5) of section 38(b) of such Code is amended by striking low-income affordable (3) The heading of subparagraph (D) of section 469(i)(3) of such Code is amended by striking low-income affordable (4) The heading of subparagraph (B) of section 469(i)(6) of such Code is amended by striking low-income affordable (5) Paragraph (7) of section 772(a) of such Code is amended by striking low-income affordable (6) Paragraph (5) of section 772(d) of such Code is amended by striking low-income affordable (c) Clerical amendment The item relating to section 42 in the table of sections for subpart D of part IV of subchapter A of chapter 1 Sec. 42. Affordable housing credit. . VIII Data and Transparency 801. Sense of Congress (a) Transparency It is the sense of Congress that in addition to expanding and strengthening the affordable housing credit through the provisions in the Affordable Housing Credit Improvement Act of 2023 (b) Discriminatory land use policies It is the Sense of Congress that action should be taken to discourage the use of discriminatory land use policies and remove barriers to making housing more affordable to further the original intent of the affordable housing credit program. The House and Senate should work together to develop incentives within the affordable housing credit program to encourage states and localities to remove or reform burdensome land use and zoning regulations and facilitate the adoption or continuation of inclusive land use and zoning policies to increase housing supply and affordability.
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Affordable Housing Credit Improvement Act of 2023
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Book Minimum Tax Repeal Act This bill repeals the 15% alternative tax on the financial statement (i.e., book) income of certain corporations. The tax applies to companies that report over $1 billion in profits to their shareholders.
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118 S1559 IS: Book Minimum Tax Repeal Act U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1559 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Barrasso Mr. Crapo Mr. Lankford Mr. Young Mr. Cassidy Mr. Daines Mrs. Blackburn Mr. Risch Mr. Braun Ms. Lummis Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to repeal the corporate alternative minimum tax. 1. Short title This Act may be cited as the Book Minimum Tax Repeal Act 2. Repeal of corporate alternative minimum tax (a) In general Section 55 (1) in subsection (a)— (A) by striking There In the case of a taxpayer other than a corporation, there (B) by striking plus, in the case of an applicable corporation, the tax imposed by section 59A (2) by striking subsection (b) and inserting the following: (b) Tentative minimum tax (1) Amount of tentative minimum tax (A) In general The tentative minimum tax for the taxable year is the sum of— (i) 26 percent of so much of the taxable excess as does not exceed $175,000, plus (ii) 28 percent of so much of the taxable excess as exceeds $175,000. The amount determined under the preceding sentence shall be reduced by the alternative minimum tax foreign tax credit for the taxable year. (B) Taxable excess For purposes of this subsection, the term taxable excess (C) Married individual filing separate return In the case of a married individual filing a separate return, subparagraph (A) shall be applied by substituting 50 percent of the dollar amount otherwise applicable under clause (i) and clause (ii) thereof. For purposes of the preceding sentence, marital status shall be determined under section 7703. (2) Alternative minimum taxable income The term alternative minimum taxable income (A) determined with the adjustments provided in section 56 and section 58, and (B) increased by the amount of the items of tax preference described in section 57. If a taxpayer is subject to the regular tax, such taxpayer shall be subject to the tax imposed by this section (and, if the regular tax is determined by reference to an amount other than taxable income, such amount shall be treated as the taxable income of such taxpayer for purposes of the preceding sentence). . (b) Application to general business credit Section 38(c)(6)(E) (E) Corporations In the case of a corporation, this subsection shall be applied by treating the corporation as having a tentative minimum tax of zero. . (c) Conforming amendments (1) Section 11(d) the taxes imposed by subsection (a) and section 55 the tax imposed by subsection (a) (2) Section 12 of such Code is amended by striking paragraph (5). (3) Section 53 of such Code is amended by striking subsection (e). (4) Part VI of subchapter A of chapter 1 of such Code is amended by striking section 56A (and the item related to such section in the table of sections for such part). (5) Section 59 of such Code is amended by striking subsections (k) and (l). (6) Section 860E(a)(4) of such Code is amended by striking section 55(b)(1)(D) section 55(b)(2) (7) Section 882(a)(1) of such Code is amended by , 55, (8) Section 897(a)(2)(A)(i) of such Code is amended by striking section 55(b)(1)(D) section 55(b)(2) (9) Section 6425(c)(1)(A) of such Code is amended by striking clause (ii) and by redesignating clause (iii) as clause (ii). (10) Section 6655(e)(2) of such Code is amended by striking , adjusted financial statement income (as defined in section 56A) (11) Section 6655(g)(1)(A) of such Code is amended by striking clause (ii) and by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively. (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
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Book Minimum Tax Repeal Act
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Rural Hospital Cybersecurity Enhancement Act This bill requires the Cybersecurity and Infrastructure Security Agency (CISA) to develop and annually report to Congress about a workforce development strategy to address the unmet need for cybersecurity professionals in rural hospitals. Additionally, CISA must disseminate materials that rural hospitals may use to train staff about cybersecurity.
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118 S1560 IS: Rural Hospital Cybersecurity Enhancement Act U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1560 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Hawley Mr. Peters Committee on Homeland Security and Governmental Affairs A BILL To require the development of a comprehensive rural hospital cybersecurity workforce development strategy, and for other purposes. 1. Short title This Act may be cited as the Rural Hospital Cybersecurity Enhancement Act 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (2) Director The term Director (3) Rural hospital The term rural hospital (A) is located in a non-urbanized area, as determined by the Bureau of the Census; and (B) provides inpatient and outpatient healthcare services, including primary care, emergency care, and diagnostic services. (4) Secretary The term Secretary 3. Rural hospital cybersecurity workforce development strategy (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Director, shall develop and transmit to the appropriate committees of Congress a comprehensive rural hospital cybersecurity workforce development strategy to address the growing need for skilled cybersecurity professionals in rural hospitals. (b) Consultation (1) Agencies In carrying out subsection (a), the Secretary and Director may consult with the Secretary of Health and Human Services, the Secretary of Education, and the Secretary of Labor. (2) Providers In carrying out subsection (a), the Secretary shall consult with rural healthcare providers from each geographic region in the United States. (c) Considerations The rural hospital cybersecurity workforce development strategy developed under subsection (a) shall, at a minimum, consider the following components: (1) Partnerships between rural hospitals, educational institutions, private sector entities, and nonprofit organizations to develop, promote, and expand cybersecurity education and training programs tailored to the needs of rural hospitals. (2) The development of a cybersecurity curriculum and teaching resources that focus on teaching technical skills and abilities related to cybersecurity in rural hospitals for use in community colleges, vocational schools, and other educational institutions located in rural areas. (3) Recommendations for legislation, rulemaking, or guidance to implement the components of the rural hospital cybersecurity workforce development strategy. (d) Annual review Not later than 60 days after the date on which the first full fiscal year ends following the date on which the Secretary transmits the rural hospital cybersecurity workforce development strategy developed under subsection (a), and not later than 60 days after the date on which each fiscal year thereafter ends, the Secretary shall submit to the appropriate committees of Congress a report that includes, at a minimum, information relating to— (1) updates to the rural hospital cybersecurity workforce development strategy, as appropriate; (2) any programs or initiatives established pursuant to the rural hospital cybersecurity workforce development strategy, as well as the number of individuals trained or educated through such programs or initiatives; (3) additional recommendations for legislation, rulemaking, or guidance to implement the components of the rural hospital cybersecurity workforce development strategy; and (4) the effectiveness of the rural hospital cybersecurity workforce development strategy in addressing the need for skilled cybersecurity professionals in rural hospitals. 4. Instructional materials for rural hospitals (a) In general Not later than 1 year after the date of enactment of this Act, the Director shall make available instructional materials for rural hospitals that can be used to train staff on fundamental cybersecurity efforts. (b) Duties In carrying out subsection (a), the Director shall— (1) consult with experts in cybersecurity education and rural healthcare experts; (2) identify existing cybersecurity instructional materials that can be adapted for use in rural hospitals and create new materials as needed; and (3) conduct an awareness campaign to promote the materials available to rural hospitals developed under subsection (a). 5. Implementation Any action undertaken pursuant to this Act shall not be subject to chapter 10
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Rural Hospital Cybersecurity Enhancement Act
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Tribal Police Department Parity Act This bill treats tribal law enforcement agencies in the same manner as federal, state, and local law enforcement agencies for purposes of accessing firearms. The National Firearms Act (NFA) generally imposes a tax on the transfer of an NFA firearm; however, specified governmental entities (e.g., federal, state, and local law enforcement agencies) are exempt from this transfer tax. This bill extends this exemption to Indian tribes (and consequently, to tribal law enforcement agencies). The Gun Control Act (GCA) generally prohibits the interstate shipment of firearms to unlicensed persons, but exempts specified governmental entities from this prohibition. This bill makes Indian tribes (and consequently, tribal law enforcement agencies) eligible to receive firearms interstate. The GCA also prohibits the transfer or possession of machine guns manufactured after 1986, but exempts specified governmental entities from this prohibition. This bill makes Indian tribes (and consequently, tribal law enforcement agencies) eligible to transfer or possess these machine guns.
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118 S1562 IS: Tribal Police Department Parity Act U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1562 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Mullin Mr. Cramer Committee on Finance A BILL To ensure that Federal laws that enable Federal, State, and local law enforcement agencies to access firearms apply equally to Tribal law enforcement agencies. 1. Short title This Act may be cited as the Tribal Police Department Parity Act 2. Tribal law enforcement access to firearms (a) Amendments to title 18, United States Code (1) Transfer and possession of post-1986 machineguns Section 922(o)(2)(A) of title 18, United States Code, is amended— (A) by striking or a State, or , a State or (B) by inserting before ; or , or an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (2) Transportation, shipment, receipt, possession, and importation of firearms and ammunition Section 925(a)(1) of title 18, United States Code, is amended— (A) by striking or any State , any State (B) by inserting before the period at the end the following: , or any Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (b) Amendments to Internal Revenue Code of 1986 (1) Transfer tax exemption Section 5853(a) , Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 any State (2) Making tax exemption Section 5853(b) of such Code is amended by inserting , Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 any State (3) Effective date The amendments made by this subsection shall apply to any firearm transferred or made after the date of enactment of this Act.
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Tribal Police Department Parity Act
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Deterring Chinese Preemptive Strikes Act of 2023 This bill requires the Department of Defense (DOD) to conduct a classified survey to identify each U.S. aircraft shelter in the Indo-Pacific region that is responsible for responding to aggression by China against Taiwan and has not been improved to mitigate damage to aircraft in the event of a missile, aerial drone, or other attack by China. DOD must submit a classified plan to implement improvements to the shelters as necessary to increase aircraft survivability in the event of attack by China.
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118 S1566 IS: Deterring Chinese Preemptive Strikes Act of 2023 U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1566 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Rubio Committee on Armed Services A BILL To require the Secretary of Defense to identify certain aircraft shelters for aviation assets in the Indo-Pacific region and submit a plan to make improvements to such shelters, and for other purposes. 1. Short title This Act may be cited as the Deterring Chinese Preemptive Strikes Act of 2023 2. Plan for improvements to certain aircraft shelters for aviation assets in Indo-Pacific region (a) Identification of aircraft shelters (1) In general The Secretary of Defense shall conduct a classified survey to identify each United States aircraft shelter in the Indo-Pacific region, including in the First, Second, and Third Island Chains, that— (A) is responsible for responding to aggression by the People's Republic of China against Taiwan; and (B) has not been improved to mitigate damage to aircraft in the event of a missile, aerial drone, or other form of attack by the People's Republic of China. (2) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the results of the survey under paragraph (1). (b) Plan Not later than 60 days after the date on which the report required by paragraph (2) of subsection (a) is submitted, the Secretary of Defense shall submit to the appropriate committees of Congress a plan to implement improvements to the shelters identified under that subsection so as to increase aircraft survivability in the event of a missile, aerial drone, or other form of attack by the People's Republic of China. (c) Form The report and plan required by this section shall be submitted in classified form. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives.
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Deterring Chinese Preemptive Strikes Act of 2023
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Back the Blue Act of 2023 This bill establishes new criminal offenses for killing, assaulting, and fleeing to avoid prosecution for killing a judge, law enforcement officer, or public safety officer. Additionally, the bill expands the list of statutory aggravating factors in death penalty determinations to also include the killing or attempted killing of a law enforcement officer, judge, prosecutor, or firefighter or other first responder; broadens the authority of federal law enforcement officers to carry firearms; and limits federal court review of challenges to state court convictions for killing a public safety officer or judge.
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118 S1569 IS: Back the Blue Act of 2023 U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1569 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Cornyn Mr. McConnell Mr. Graham Mr. Cruz Mr. Tillis Mr. Scott of Florida Mr. Moran Mr. Braun Mr. Cramer Mrs. Blackburn Mr. Boozman Mrs. Fischer Mrs. Capito Mrs. Britt Mr. Crapo Mr. Rubio Mr. Risch Mr. Ricketts Mr. Daines Mr. Barrasso Mr. Lankford Mrs. Hyde-Smith Mr. Kennedy Mr. Cotton Mr. Thune Mr. Hoeven Mr. Budd Mr. Hawley Mr. Scott of South Carolina Mr. Hagerty Mr. Marshall Mr. Cassidy Ms. Ernst Mr. Tuberville Mr. Grassley Mr. Young Mr. Schmitt Ms. Lummis Mr. Wicker Committee on the Judiciary A BILL To protect law enforcement officers, and for other purposes. 1. Short title This Act may be cited as the Back the Blue Act of 2023 2. Protection of law enforcement officers (a) Killing of law enforcement officers (1) Offense Chapter 51 1123. Killing of law enforcement officers (a) Definitions In this section— (1) the terms Federal law enforcement officer United States judge (2) the term federally funded public safety officer (A) receives Federal financial assistance; and (B) is an agency of an entity that is a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States, an Indian tribe, or a unit of local government of that entity; (3) the term firefighter (4) the term judicial officer (5) the term law enforcement officer (6) the term public agency (7) the term public safety officer (b) Offense It shall be unlawful for any person to— (1) kill, or attempt or conspire to kill— (A) a United States judge; (B) a Federal law enforcement officer; or (C) a federally funded public safety officer while that officer is engaged in official duties, or on account of the performance of official duties; or (2) kill a former United States judge, Federal law enforcement officer, or federally funded public safety officer on account of the past performance of official duties. (c) Penalty Any person that violates subsection (b) shall be fined under this title and imprisoned for not less than 10 years or for life, or, if death results, shall be sentenced to not less than 30 years and not more than life, or may be punished by death. . (2) Table of sections The table of sections for chapter 51 1123. Killing of law enforcement officers. . (b) Assault of law enforcement officers (1) Offense Chapter 7 120. Assaults of law enforcement officers (a) Definition In this section, the term federally funded State or local law enforcement officer (b) Offense It shall be unlawful to assault a federally funded State or local law enforcement officer while engaged in or on account of the performance of official duties, or assaults any person who formerly served as a federally funded State or local law enforcement officer on account of the performance of such person's official duties during such service, or because of the actual or perceived status of the person as a federally funded State or local law enforcement officer. (c) Penalty Any person that violates subsection (b) shall be subject to a fine under this title and— (1) if the assault resulted in bodily injury (as defined in section 1365), shall be imprisoned not less than 2 years and not more than 10 years; (2) if the assault resulted in substantial bodily injury (as defined in section 113), shall be imprisoned not less than 5 years and not more than 20 years; (3) if the assault resulted in serious bodily injury (as defined in section 1365), shall be imprisoned for not less than 10 years; (4) if a deadly or dangerous weapon was used during and in relation to the assault, shall be imprisoned for not less than 20 years; and (5) shall be imprisoned for not more than 1 year in any other case. (d) Certification requirement (1) In general No prosecution of any offense described in this section may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that— (A) the State does not have jurisdiction; (B) the State has requested that the Federal Government assume jurisdiction; (C) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or (D) a prosecution by the United States is in the public interest and necessary to secure substantial justice. (2) Rule of construction Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section. (e) Statute of limitations (1) Offenses not resulting in death Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed. (2) Offenses resulting in death An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation. . (2) Table of sections The table of sections for chapter 7 120. Assaults of law enforcement officers. . (c) Flight To avoid prosecution for killing law enforcement officials (1) Offense Chapter 49 1075. Flight to avoid prosecution for killing law enforcement officials (a) Offense It shall be unlawful for any person to move or travel in interstate or foreign commerce with intent to avoid prosecution, or custody or confinement after conviction, under the laws of the place from which the person flees or under section 1114 or 1123, for a crime consisting of the killing, an attempted killing, or a conspiracy to kill a Federal judge or Federal law enforcement officer (as those terms are defined in section 115), or a federally funded public safety officer (as that term is defined in section 1123). (b) Penalty Any person that violates subsection (a) shall be fined under this title and imprisoned for not less than 10 years, in addition to any other term of imprisonment for any other offense relating to the conduct described in subsection (a). . (2) Table of sections The table of sections for chapter 49 1075. Flight to avoid prosecution for killing law enforcement officials. . 3. Specific aggravating factor for Federal death penalty killing of law enforcement officer (a) Aggravating factors for homicide Section 3592(c) of title 18, United States Code, is amended by inserting after paragraph (16) the following: (17) Killing of a law enforcement officer, prosecutor, judge, or first responder The defendant killed or attempted to kill a person who is authorized by law— (A) to engage in or supervise the prevention, detention, or investigation of any criminal violation of law; (B) to arrest, prosecute, or adjudicate an individual for any criminal violation of law; or (C) to be a firefighter or other first responder. . 4. Limitation on Federal habeas relief for murders of law enforcement officers (a) Justice for law enforcement officers and their families (1) In general Section 2254 of title 28, United States Code, is amended by adding at the end the following: (j) (1) For an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a public safety officer (as that term is defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 (A) the application shall be subject to the time limitations and other requirements under sections 2263, 2264, and 2266; and (B) the court shall not consider claims relating to sentencing that were adjudicated in a State court. (2) Sections 2251, 2262, and 2101 are the exclusive sources of authority for Federal courts to stay a sentence of death entered by a State court in a case described in paragraph (1). . (2) Rules Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts is amended by adding at the end the following: Rule 60(b)(6) of the Federal Rules of Civil Procedure shall not apply to a proceeding under these rules in a case that is described in section 2254(j) of title 28, United States Code. (3) Finality of determination Section 2244(b)(3)(E) of title 28, United States Code, is amended by striking the subject of a petition reheard in the court of appeals or reviewed by writ of certiorari. (4) Effective date and applicability (A) In general This paragraph and the amendments made by this paragraph shall apply to any case pending on or after the date of enactment of this Act. (B) Time limits In a case pending on the date of enactment of this Act, if the amendments made by this paragraph impose a time limit for taking certain action, the period of which began before the date of enactment of this Act, the period of such time limit shall begin on the date of enactment of this Act. (C) Exception The amendments made by this paragraph shall not bar consideration under section 2266(b)(3)(B) of title 28, United States Code, of an amendment to an application for a writ of habeas corpus that is pending on the date of enactment of this Act, if the amendment to the petition was adjudicated by the court prior to the date of enactment of this Act. 5. Self-defense rights for law enforcement officers (a) In general Chapter 203 section 3053 3054. Authority of law enforcement officers to carry firearms Any sworn officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law, or to supervise or secure the safety of incarcerated inmates, may carry firearms if authorized by law to do so. Such authority to carry firearms, with respect to the lawful performance of the official duties of a sworn officer, agent, or employee of a State or a political subdivision thereof, shall include possession incident to depositing a firearm within a secure firearms storage area for use by all persons who are authorized to carry a firearm within any building or structure classified as a Federal facility or Federal court facility, as those terms are defined under section 930, and any grounds appurtenant to such a facility. . (b) Carrying of concealed firearms by qualified law enforcement officers Section 926B(e)(2) of title 18, United States Code, is amended by inserting any magazine and includes (c) Carrying of concealed firearms by qualified retired law enforcement officers Section 926C(e)(1)(B) of title 18, United States Code, is amended by inserting any magazine and includes (d) School zones Section 922(q)(2)(B)(vi) title 18, United States Code, is amended by inserting , a qualified law enforcement officer (as defined in section 926B), or a qualified retired law enforcement officer (as defined in section 926C) (e) Regulations required Not later than 60 days after the date of enactment of this Act, the Attorney General shall promulgate regulations allowing persons described in section 3054 of title 18, United States Code, to possess firearms in a manner described by that section. With respect to Federal justices, judges, bankruptcy judges, and magistrate judges, such regulations shall be prescribed after consultation with the Judicial Conference of the United States. (f) Table of sections The table of sections for chapter 203 section 3053 3054. Authority of law enforcement officers to carry firearms. . (g) Further amendments Section 930 of title 18, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (2), by striking or (B) in paragraph (3), by striking the period at the end and inserting ; or (C) by adding at the end the following: (4) the possession of a firearm or ammunition in a Facility Security Level I or II civilian public access facility by a qualified law enforcement officer (as defined in section 926B(c)) or a qualified retired law enforcement officer (as defined in section 926C(c)). ; and (2) in subsection (g), by adding at the end the following: (4) The term Facility Security Level (5) The term civilian public access facility .
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Back the Blue Act of 2023
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Drone Act of 2023 This bill creates a federal statutory framework to criminalize various conduct involving the misuse of drones. Among its provisions, the bill generally prohibits the operation of a drone that poses an imminent safety hazard to vessels or motor vehicles; weaponization of a drone (e.g., attaching a firearm or explosive); and operation of a drone that interferes with a law enforcement, emergency response, or military operation or activity of the federal government or of a state, local, or tribal government.
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118 S157 IS: Drone Act of 2023 U.S. Senate 2023-01-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 157 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Grassley Mr. Kelly Mr. Cassidy Ms. Cortez Masto Ms. Hassan Mrs. Feinstein Committee on the Judiciary A BILL To prevent the misuse of drones, and for other purposes. 1. Short title This Act may be cited as the Drone Act of 2023 2. Findings Congress finds that— (1) drone technology has the potential to revolutionize commerce, military operations, law enforcement, and various industries, as well as recreation in general; (2) drone technology also presents a potential danger to public safety and national security; (3) drone technology is increasingly being used by drug trafficking and human trafficking organizations at the southern border— (A) to assist in smuggling into the United States high-value items; (B) for conducting reconnaissance; and (C) even as offensive weapons against competing criminal organizations; (4) drone technology has been used to deliver into Federal correctional centers contraband such as cell phones, wire cutters, screwdrivers, and hacksaws; (5) there were 875 drone sightings in restricted airport airspace in 2020, and 766 such sightings in the first half of 2021, including 36 such sightings in the vicinities of runways; and (6) while existing Federal law includes some criminal provisions relating to misuse of drones, those provisions are fragmentary in nature and therefore fail to restrain and deter the most serious drone-related crimes. 3. Drone offenses Part I of title 18, United States Code, is amended— (1) in section 39B(a)— (A) in paragraph (1)— (i) by striking operation of, an aircraft operation of— (A) an aircraft ; (ii) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (B) a vessel of the United States, or a vessel subject to the jurisdiction of the United States, as those terms are defined in section 70502 of title 46, carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); (C) a motor vehicle that is used, operated, or employed in interstate or foreign commerce and is carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); or (D) a vehicle used or designed for flight or navigation in space described in section 7(6), shall be punished as provided in subsection (c). ; and (B) in paragraph (2)— (i) by striking operation of, an aircraft operation of— (A) an aircraft ; (ii) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (B) a vessel of the United States, or a vessel subject to the jurisdiction of the United States, as those terms are defined in section 70502 of title 46, carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); (C) a motor vehicle that is used, operated, or employed in interstate or foreign commerce and is carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); or (D) a vehicle used or designed for flight or navigation in space described in section 7(6), shall be punished as provided in subsection (c). ; (2) in section 40A— (A) in the heading, by striking Operation of unauthorized unmanned aircraft over wildfires Interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities (B) in subsection (a)— (i) by striking operates an unmanned aircraft and knowingly or recklessly operates an unmanned aircraft and— (1) knowingly or recklessly ; (ii) by striking the period at the end and inserting ; or (iii) by adding at the end the following: (2) knowingly or recklessly interferes with a law enforcement, emergency response, or military operation or activity of a unit or agency of the United States Government or of a State, tribal, or local government (other than a wildfire suppression or law enforcement or emergency response efforts related to a wildfire suppression) shall be fined under this title, imprisoned for not more than 2 years, or both. ; (3) by inserting after section 40A the following: 40B. Misuse of unmanned aircraft (a) Definitions In this section— (1) the term aircraft (A) invented, used, or designed to navigate, fly, or travel in the air; or (B) used or intended to be used for flight in the air; (2) the term airport (3) the term contraband (4) the term dangerous weapon (5) the term explosive explosive materials (6) the term firearm (7) the term Federal law (8) the term personnel of the United States (9) the terms prison prohibited object (10) the term restricted electromagnetic weapon (A) can generate or emit electromagnetic radiation or fields that are capable of jamming, disrupting, degrading, damaging, or interfering with the operation of any technological or electronic asset, system, network, or infrastructure, or any component or subcomponent thereof; and (B) is classified as a restricted electromagnetic weapon by the Attorney General, in consultation with the Secretary of Defense; (11) the term serious bodily injury (12) the term United States corporation or legal entity (13) the term unmanned aircraft (14) the term vessel (15) the term weapon of mass destruction (b) Offenses (1) Weaponization It shall be unlawful, in a circumstance described in subsection (c), to knowingly— (A) equip or arm an unmanned aircraft with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (B) possess, receive, transfer, operate, or produce an unmanned aircraft that is equipped or armed with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (C) discharge or deploy a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction using an unmanned aircraft; or (D) use an unmanned aircraft to cause— (i) serious bodily injury or death to a person; or (ii) damage to— (I) property in an amount that exceeds $5,000; or (II) critical infrastructure (as defined in section 1016 of the USA PATRIOT Act ( 42 U.S.C. 5195c (2) Operation of drone to commit felony It shall be unlawful to knowingly operate an unmanned aircraft in furtherance of the commission of a crime punishable by death or imprisonment of more than 1 year under a law of the United States or a State, if Federal law requires that the aircraft be registered and the aircraft is not registered. (3) Impairment of identification or lighting It shall be unlawful to, in violation of Federal law, knowingly and willfully— (A) remove, obliterate, tamper with, or alter the identification number of the unmanned aircraft; (B) disable or fail to effect any required identification transmission or signaling of the unmanned aircraft; or (C) disable or obscure any required anti-collision lighting of the unmanned aircraft or fail to have or illuminate such lighting as required. (4) Intrusion on protected spaces It shall be unlawful for any person, knowing that the conduct of the person is unlawful, to— (A) operate an unmanned aircraft in any airspace, or cause the takeoff or landing of an unmanned aircraft in any place, in violation of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security; or (B) operate an unmanned aircraft across a border of the United States or its territories or possessions without complying with the requirements of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security. (5) Transportation of contraband It shall be unlawful to knowingly use an unmanned aircraft to— (A) transport contraband; or (B) introduce a prohibited object into a prison. (c) Circumstances The circumstances described in this subsection are that the offense— (1) is an offense under paragraph (2), (3), (4), or (5) of subsection (b); (2) involves an unmanned aircraft, firearm, explosive, dangerous weapon, restricted electromagnetic weapon, weapon of mass destruction, or ammunition that has moved at any time in interstate or foreign commerce; (3) occurs in or affects interstate or foreign commerce; (4) involves the movement of any person or thing in, or use of any means or instrumentality of, interstate or foreign commerce; (5) involves— (A) any use of the electromagnetic spectrum that is subject to the jurisdiction of the Federal Communications Commission or the National Telecommunications and Information Administration; or (B) any aircraft or airspace use that is subject to the jurisdiction of the Federal Aviation Administration; (6) is committed, whether within or outside of the United States, against— (A) the United States or any department, agency, property, activity, or personnel of the United States; or (B) an aircraft in the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49); (7) is committed outside of the United States against any United States national, United States corporation or legal entity, aircraft registered under United States law, or vessel of the United States or vessel subject to the jurisdiction of the United States (as those terms are defined in section 70502 of title 46); or (8) is committed in the special maritime and territorial jurisdiction of the United States. (d) Penalties Any person who violates subsection (b)— (1) in the case of a violation of paragraph (2), (3), or (4) of that subsection, shall be imprisoned for not more than 5 years, fined under this title, or both; (2) in the case of a violation of paragraph (1)(A), (1)(B), (1)(C), or (5) of that subsection, shall be imprisoned for not more than 10 years, fined under this title, or both; (3) subject to paragraph (4) of this subsection, in the case of a violation of paragraph (1)(D) of that subsection, shall be imprisoned for not more than 20 years, fined under this title, or both; and (4) in the case of a violation of any paragraph of that subsection, if death results, shall be sentenced to death or imprisoned for any term of years or for life, fined under this title, or both. (e) Inchoate offenses (1) In general Whoever threatens, attempts, or conspires to commit an offense under subsection (b) shall be subject to the same punishment under subsection (d) as for a completed offense. (2) Federal jurisdiction In the case of a threat, attempt, or conspiracy to commit an offense under subsection (b), the requirement that a circumstance described in subsection (c) exists shall be satisfied if any of the circumstances described in that subsection would have existed had the offense been carried out. (f) Exceptions (1) Government-authorized conduct Subsection (b) shall not apply to conduct by or under the authority of, authorized by, or pursuant to a contract with, the United States or a State, Tribal, or local government, or any department or agency of the United States or a State, Tribal, or local government. (2) Weaponization for authorized or licensed activities Subsection (b)(1), as that subsection applies to firearms, explosives, and other dangerous weapons, shall not apply to— (A) conduct related to avalanche mitigation; or (B) any other conduct in which the use of the firearm, explosive, or dangerous weapon is licensed or otherwise permitted for the mitigation of dangers associated with hazardous environments. (3) Authorized property damage Subsection (b)(1)(D) shall not apply to conduct consisting of injury to property, if engaged in by or with the authorization or consent of the owner of the property, including in any consensual competition in which unmanned aircraft are deployed against each other. ; (4) in the chapter analysis for chapter 2, by striking the item relating to section 40A and inserting the following: 40A. Interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities. 40B. Misuse of unmanned aircraft. ; (5) in section 982(a)(6)(A), by inserting 39B (relating to unsafe operation of unmanned aircraft), 40A (relating to interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities), 40B (relating to misuse of unmanned aircraft), 555 (6) in section 2332b(g)(5)(B), by inserting 40B(b)(1) (relating to weaponization of unmanned aircraft), 81 (7) in section 2516(1)(c), by inserting section 39B (relating to unsafe operation of unmanned aircraft), section 40A (relating to interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities), section 40B (relating to misuse of unmanned aircraft), section 43
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Drone Act of 2023
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Rural Hospital Closure Relief Act of 2023 This bill allows additional hospitals to qualify as critical access hospitals (CAHs) that receive special payment under Medicare. Currently, in order to qualify as a CAH under Medicare, a hospital must either (1) be located more than 35 miles (or 15 miles in mountainous regions or areas with only secondary roads) from another hospital, or (2) have been certified prior to January 1, 2006, by the state as a necessary provider of services in the area. The bill allows a hospital to also qualify if the hospital is a small, rural hospital that (1) serves a health professional shortage area, or a high number of low-income individuals or Medicare or Medicaid beneficiaries; (2) has experienced financial losses for two consecutive years; and (3) attests to having a strategic plan to address financial solvency. The Government Accountability Office must study the effects of the bill's implementation. The Centers for Medicare & Medicaid Services must subsequently establish a mechanism and issue guidance on how newly designated CAHs may transition to different payment models under Medicare.
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118 S1571 IS: Rural Hospital Closure Relief Act of 2023 U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1571 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Durbin Mr. Lankford Committee on Finance A BILL To amend title XVIII of the Social Security Act to restore State authority to waive for certain facilities the 35-mile rule for designating critical access hospitals under the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Rural Hospital Closure Relief Act of 2023 2. Restoring State authority to waive the 35-mile rule for certain Medicare critical access hospital designations (a) In general Section 1820 of the Social Security Act ( 42 U.S.C. 1395i–4 (1) in subsection (c)(2)— (A) in subparagraph (B)(i)— (i) in subclause (I), by striking or (ii) in subclause (II), by inserting or (iii) by adding at the end the following new subclause: (III) subject to subparagraph (G), is a hospital described in subparagraph (F) and is certified on or after the date of the enactment of the Rural Hospital Closure Relief Act of 2023 ; and (B) by adding at the end the following new subparagraphs: (F) Hospital described For purposes of subparagraph (B)(i)(III), a hospital described in this subparagraph is a hospital that— (i) is a sole community hospital (as defined in section 1886(d)(5)(D)(iii)), a medicare dependent, small rural hospital (as defined in section 1886(d)(5)(G)(iv)), a low-volume hospital that in 2021 receives a payment adjustment under section 1886(d)(12), a subsection (d) hospital (as defined in section 1886(d)(1)(B)) that has fewer than 50 beds, or, subject to the limitation under subparagraph (G)(i)(I), is a facility described in subparagraph (G)(ii); (ii) is located in a rural area, as defined in section 1886(d)(2)(D); (iii) (I) is located— (aa) in a county that has a percentage of individuals with income that is below 150 percent of the poverty line that is higher than the national or statewide average in 2021; or (bb) in a health professional shortage area (as defined in section 332(a)(1)(A) of the Public Health Service Act); or (II) has a percentage of inpatient days of individuals entitled to benefits under part A of this title, enrolled under part B of this title, or enrolled under a State plan under title XIX that is higher than the national or statewide average in 2020 or 2021; (iv) subject to subparagraph (G)(ii)(II), has attested to the Secretary two consecutive years of negative operating margins preceding the date of certification described in subparagraph (B)(i)(III); and (v) submits to the Secretary— (I) at such time and in such manner as the Secretary may require, an attestation outlining the good governance qualifications and strategic plan for multi-year financial solvency of the hospital; and (II) not later than 120 days after the date on which the Secretary issues final regulations pursuant to section 2(b) of the Rural Hospital Closure Relief Act of 2023 (G) Limitation on certain designations (i) In general The Secretary may not under subsection (e) certify pursuant to a certification by a State under subparagraph (B)(i)(III)— (I) more than a total of 175 facilities as critical access hospitals, of which not more than 20 percent may be facilities described in clause (ii); and (II) within any one State, more than 10 facilities as critical access hospitals. (ii) Facility described (I) In general A facility described in this clause is a facility that as of the date of enactment of this subparagraph met the criteria for designation as a critical access hospital under subparagraph (B)(i)(I). (II) Nonapplication of certain criteria For purposes of subparagraph (B)(i)(III), the criteria described in subparagraph (F)(iv) shall not apply with respect to the designation of a facility described in subclause (I). ; and (2) in subsection (e), by inserting , subject to subsection (c)(2)(G), The Secretary shall (b) Regulations Not later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to carry out subsection (a). (c) Clarification regarding facilities that meet distance or other certification criteria Nothing in this section shall affect the application of criteria for designation as a critical access hospital described in subclause (I) or (II) section 1820(c)(2)(B)(i) of the Social Security Act ( 42 U.S.C. 1395i–4(c)(2)(B)(i) (d) GAO study and report (1) Study The Comptroller General of the United States (in this section referred to as the Comptroller General (A) the characteristics of facilities designated as critical access hospitals pursuant to section 1820(c)(2)(B)(i)(III) of the Social Security Act, as added by subsection (a); (B) the financial status and outlook for such facilities based on their designation as a critical access hospital pursuant to such section; (C) any increase in expenditures under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (D) whether the authority to designate facilities as critical access hospitals pursuant to such section 1820(c)(2)(B)(i)(III) should be maintained as is, modified in scale or scope, or sunset. (2) Report Not later than 7 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (e) Guidance Not later than 2 years after the date on which the Comptroller General submits the report to Congress under subsection (d)(2), the Administrator of the Centers for Medicare & Medicaid Services shall establish a mechanism and provide guidance and technical assistance to facilities that have been designated as a critical access hospital pursuant to section 1820(c)(2)(B)(i)(III) of the Social Security Act, as added by subsection (a), on how such facilities may consider transitioning to a different payment model under the Medicare program.
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Rural Hospital Closure Relief Act of 2023
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Depositor Protection Act of 2023 This bill expands Federal Deposit Insurance Corporation (FDIC) protections and the actions the FDIC is allowed to take, including in the event of an institutional failure. First, the bill expands for two years FDIC deposit insurance for an amount up to $100,000,000 that a depositor maintains at an insured depository institution in a noninterest-bearing transaction account. (Currently, the FDIC insures deposits up to $250,000.) The bill also increases the reciprocal deposit limit applicable to depository institutions. (Reciprocal deposits are used by institutions to increase the availability of deposit insurance by splitting large deposits using a reciprocal network of institutions.) For 90 days after the date of enactment, the bill allows for the acquisition of distressed banks by a bank holding company without regulatory approval under certain circumstances. The bill also allows the FDIC to facilitate a merger, sale, assumption of liabilities, or stock acquisition involving the failure of a large institution using an adjusted least-cost resolution calculation.
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118 S1572 IS: Depositor Protection Act of 2023 U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1572 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Hagerty Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Deposit Insurance Act to address transaction account guarantees, and for other purposes. 1. Short title This Act may be cited as the Depositor Protection Act of 2023 2. Transaction account guarantees (a) In general Section 11(a)(1) of the Federal Deposit Insurance Act ( 12 U.S.C. 1821(a)(1) (1) in subparagraph (B)— (A) by striking The net amount (i) In general Subject to clause (ii), the net amount ; and (B) by adding at the end the following: (ii) Insurance for noninterest-bearing transaction accounts (I) In general Notwithstanding clause (i), and subject to subclause (II) of this clause, the Corporation shall insure the net amount, in an amount that is not more than $100,000,000, that any depositor at an insured depository institution maintains in a noninterest-bearing transaction account. Such amount shall not be taken into account when computing the net amount due to such depositor under clause (i). (II) Ability of certain insured depository institutions to opt-out (aa) In general An insured depository institution that has less than $250,000,000,000 in total consolidated assets may elect not to participate with respect to the increased amount of insurance made available under subclause (I). (bb) Limitation on assessment of fee The Corporation may not assess a fee on any insured depository institution that elects not to participate with respect to the increased amount of insurance made available under subclause (I). (III) Definition In this clause, the term noninterest-bearing transaction account (aa) with respect to which interest is neither accrued nor paid; (bb) on which the depositor or account holder is permitted to make withdrawals by negotiable or transferable instrument, payment orders of withdrawal, telephone or other electronic media transfers, or other similar items for the purpose of making payments or transfers to third parties or others; and (cc) on which the insured depository institution does not reserve the right to require advance notice of an intended withdrawal. ; and (2) in subparagraph (C), by striking subparagraph (B) subparagraph (B)(i) (b) Reversion On the date that is 2 years after the date of enactment of this Act, section 11(a)(1) of the Federal Deposit Insurance Act ( 12 U.S.C. 1821(a)(1) (1) by amending subparagraph (B) to read as follows: (B) Net amount of insured deposit The net amount to any depositor at an insured depository institution shall not exceed the standard maximum deposit insurance amount as determined in accordance with subparagraphs (C), (D), (E), and (F) and paragraph (3). ; and (2) in subparagraph (C), by striking subparagraph (B)(i) subparagraph (B) 3. Reciprocal deposits Section 29(i)(1) of the Federal Deposit Insurance Act ( 12 U.S.C. 1831f(i)(1) (1) in subparagraph (A), by striking $5,000,000,000 $10,000,000,000 (2) in subparagraph (B), by striking 20 percent 25 percent 4. Adjusted least cost resolution Section 13(c)(4) of the Federal Deposit Insurance Act ( 12 U.S.C. 1823(c)(4) (1) by redesignating subparagraph (H) as subparagraph (I); and (2) by inserting after subparagraph (G) the following: (H) Non-systemic secondary cost to the Deposit Insurance Fund (i) Definitions In this subparagraph: (I) Large insured depository institution The term large insured depository institution (II) Non-systemic secondary cost to the Deposit Insurance Fund The term non-systemic secondary cost to the Deposit Insurance Fund (aa) the appointment of the Corporation as a receiver for a second or additional insured depository institution as a direct and contemporaneous result of the compliance by the Corporation with subparagraphs (A) and (E) with respect to a large insured depository institution, including the cost of liquidating any such second or additional insured depository institution in compliance with subparagraphs (A) and (E); (bb) a reduction in the price of an asset as a direct and contemporaneous result of the liquidation by the Corporation of a large insured depository institution in compliance with subparagraphs (A) and (E); or (cc) any other direct and contemporaneous result of the compliance by the Corporation with subparagraphs (A) and (E) with respect to a large insured depository institution (other than any such loss that arises from serious adverse effects on economic conditions or financial stability within the meaning of subparagraph (G)). (ii) Action permitted upon determination by the board of directors (I) In general Notwithstanding subparagraphs (A) and (E), if the Board of Directors (upon a vote of not less than two-thirds of the members of the Board of Directors) makes a determination described in subclause (II), the Corporation may take action or assistance under paragraph (2) for the purpose of facilitating— (aa) a merger or consolidation of the applicable large insured depository institution with another insured depository institution; (bb) the sale of any or all of the assets of the applicable large insured depository institution; (cc) the assumption of any or all of the liabilities of the applicable large insured depository institution by another insured depository institution; or (dd) the acquisition of the stock of the applicable large insured depository institution. (II) Determination described A determination described in this subclause is a determination that— (aa) the compliance by the Corporation with subparagraphs (A) and (E) with respect to a large insured depository institution for which the Corporation has been appointed receiver would result in a non-systemic secondary cost to the Deposit Insurance Fund; and (bb) any action or assistance under this subparagraph would avoid or mitigate the non-systemic secondary cost to the Deposit Insurance Fund described in item (aa). (iii) Adjusted least-cost resolution requirement The Corporation may not take any action or provide any assistance under this subparagraph unless the total amount of the expenditures by the Corporation and obligations incurred by the Corporation (including any immediate and long-term obligation of the Corporation and any direct or contingent liability for future payment by the Corporation) in connection with the taking of that action or provision of that assistance with respect to an insured depository institution is the least costly to the Deposit Insurance Fund, taking into account the non-systemic secondary costs to the Deposit Insurance Fund that would result without the taking of that action or the provision of that assistance, of all possible methods for meeting the obligations of the Corporation under this section. (iv) Documentation required The Chairperson of the Board of Directors shall— (I) document any determination under clause (ii); and (II) retain the documentation for review under clause (v). (v) GAO review The Comptroller General of the United States shall review and report to Congress on any determination under clause (ii), including— (I) the basis for the determination; (II) the purpose for which any action was taken pursuant to such clause; and (III) the likely effect of the determination and such action on the incentives and conduct of insured depository institutions and uninsured depositors. (vi) Notice (I) In general Not later than 3 days after making a determination under clause (ii), the Secretary of the Treasury shall provide written notice of any determination under clause (ii) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (II) Description of basis of determination The notice under subclause (I) shall include a description of the basis for any determination under clause (ii). . 5. Acquisitions of distressed banks (a) Definitions In this section: (1) Appropriate Federal banking agency; insured bank The terms appropriate Federal banking agency insured bank 12 U.S.C. 1813 (2) Board The term Board (3) Bank holding company; control; subsidiary The terms bank holding company control subsidiary 12 U.S.C. 1841 (4) Covered entity The term covered entity (A) after a transaction described in subsection (b)(1)(A), the bank holding company of which the applicable distressed insured bank has become a subsidiary; (B) after a transaction described in subsection (b)(1)(B), the bank holding company that has acquired the direct or indirect ownership or control described in that provision; and (C) after a merger or consolidation described in subsection (b)(1)(C), the bank holding company that results because of that merger or consolidation. (5) Distressed insured bank The term distressed insured bank (A) registered pursuant to section 12(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(b) (B) the price of which on a national securities exchange has declined not less than 20 percent at any time on or after March 1, 2023, as compared with the highest price of those securities on that exchange on or after March 1, 2023. (6) Equity security; exchange The terms equity security exchange 15 U.S.C. 78c(a) (7) National securities exchange The term national securities exchange 15 U.S.C. 78f (8) Total consolidated assets The term total consolidated assets (b) Temporary waiver of regulatory approvals for acquisitions of distressed banks (1) In general Subject to paragraphs (2) and (3), except as provided in paragraph (4), and notwithstanding any requirement or restriction relating to notification, approval, or other matter under section 3 or 4 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842 12 U.S.C. 1817(j) (A) a distressed insured bank may become a subsidiary of a bank holding company; (B) a bank holding company may acquire direct or indirect ownership or control of any voting shares of any distressed insured bank or any company that controls a distressed insured bank; and (C) a bank holding company may merge or consolidate with a bank holding company that has a subsidiary that is a distressed insured bank. (2) Conditions Paragraph (1) shall apply only if— (A) after the applicable transaction or other action under that paragraph— (i) the applicable covered entity would meet the required capital levels for well capitalized bank holding companies established by the Board; or (ii) in the case of a transaction or other action described in subparagraph (A) or (B) of that paragraph, the total consolidated assets of the applicable covered entity would be not more than 2 times the amount of the total consolidated assets (as measured immediately before the transaction or other action) of— (I) in the case of an action described in subparagraph (A) of that paragraph, the bank holding company of which the distressed insured bank is becoming a subsidiary as a result of that action; or (II) in the case of an acquisition described in subparagraph (B) of that paragraph, the bank holding company that is acquiring direct or indirect ownership or control of any voting shares of the distressed insured bank or the company that controls a distressed insured bank; and (B) each insured bank controlled by the applicable covered entity— (i) has a composite rating, as determined by the appropriate Federal banking agency in the most recent report of examination of the applicable insured bank, of 1 or 2 under the Uniform Financial Institution Rating System; and (ii) has been assigned by the appropriate Federal banking agency a rating of outstanding satisfactory (3) Expiration A transaction or other action to which paragraph (1) applies shall be consummated not later than 90 days after the date of enactment of this Act. (4) Exceptions Paragraph (1) shall not apply to— (A) any action that would cause a distressed insured bank to become a subsidiary of an insured bank; (B) any acquisition of direct or indirect ownership or control by an insured bank of any voting shares of any distressed insured bank or any company that controls a distressed insured bank; or (C) any merger, consolidation, acquisition of assets, or other acquisition of control, of another company that would be subject to section 14 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1852 (c) No premerger notification and waiting period A transaction under subsection (b) shall be exempt from the requirements of section 7A of the Clayton Act ( 15 U.S.C. 18a
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Depositor Protection Act of 2023
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PREEMIE Reauthorization Act of 2023 This bill reauthorizes through FY2028 and otherwise modifies research and education programs for preventing premature births. For example, the bill requires the Department of Health and Human Services (HHS) to establish an interagency working group to improve the coordination of programs and activities to prevent preterm birth, infant mortality, and related adverse effects. (Current law permits HHS to establish such a working group.) The bill also requires HHS to support a study carried out by the National Academies of Sciences, Engineering, and Medicine on matters related to premature births, such as the financial costs and factors that affect preterm birth rates.
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115 S1573 IS: PREEMIE Reauthorization Act of 2023 U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1573 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Bennet Mr. Boozman Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act. 1. Short title This Act may be cited as the PREEMIE Reauthorization Act of 2023 2. Research relating to preterm labor and delivery and the care, treatment, and outcomes of preterm and low birthweight infants (a) In general Section 3(e) of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b–4f(e)) is amended by striking fiscal years 2019 through 2023 fiscal years 2024 through 2028 (b) Technical correction Effective as if included in the enactment of the PREEMIE Reauthorization Act of 2018 ( Public Law 115–328 Section 2 Section 3 3. Public and health care provider education and support services Section 399Q of the Public Health Service Act ( 42 U.S.C. 280g–5 (1) in subsection (b)(1)(D)— (A) by redesignating clauses (vi) and (vii) as clauses (vii) and (viii), respectively; and (B) by inserting after clause (v) the following: (vi) screening for and treatment of chronic conditions; ; and (2) in subsection (c), by striking fiscal years 2014 through 2018 fiscal years 2024 through 2028 4. Interagency working group Section 5(a) of the PREEMIE Reauthorization Act of 2018 ( Public Law 115–328 The Secretary of Health and Human Services, in collaboration with other departments, as appropriate, may establish Not later than 18 months after the date of the enactment of the PREEMIE Reauthorization Act of 2023 5. Study on preterm births (a) In general The Secretary of Health and Human Services shall enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall— (1) not later than 30 days after the date of enactment of this Act, convene a committee of experts in maternal health to study premature births in the United States; and (2) upon completion of the study under paragraph (1)— (A) approve by consensus a report on the results of such study; (B) include in such report— (i) an assessment of each of the topics listed in subsection (b); (ii) the analysis required by subsection (c); and (iii) the raw data used to develop such report; and (C) not later than 24 months after the date of enactment of this Act, transmit such report to— (i) the Secretary of Health and Human Services; (ii) the Committee on Energy and Commerce of the House of Representatives; and (iii) the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate. (b) Assessment topics The topics listed in this subsection are of each of the following: (1) The financial costs of premature birth to society, including— (A) an analysis of stays in neonatal intensive care units and the cost of such stays; (B) long-term costs of stays in such units to society and the family involved post-discharge; and (C) health care costs for families post-discharge from such units (such as medications, therapeutic services, co-pays visits and specialty equipment). (2) The factors that impact pre-term birth rates. (3) Gaps in public health programs that have caused increases in premature birth, including— (A) gaps in the detection of premature birth risk factors; (B) gaps in information from States on pre-term birth; and (C) gaps in support and resources for parents provided in-hospital, in non-hospital settings, and post-discharge. (c) Analysis The analysis required by this subsection is an analysis of— (1) targeted research strategies to develop effective drugs, treatments, or interventions to bring at-risk pregnancies to term; (2) State and other programs’ best practices with respect to reducing premature birth rates; (3) opportunities to address developmental origins of health with respect to premature birth rates; and (4) precision medicine and preventative care approaches starting early in the life course (including during pregnancy) with a focus on behavioral and biological influences on premature birth, child health, and the trajectory of such approaches into adulthood.
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PREEMIE Reauthorization Act of 2023
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Oversee Emerging Technology Act This bill requires federal agencies to designate emerging technology leads (i.e., individuals to give advice on the responsible use of emerging technologies, provide expertise, collaborate with interagency coordinating bodies, and provide input for procurement policies). The President, within 180 days of this bill's enactment, must (1) inform Congress of each agency for which a lead has been appointed or designated, and (2) provide to Congress a description of the authorities and responsibilities of such leads.
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118 S1577 IS: Oversee Emerging Technology Act U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1577 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Bennet Committee on Homeland Security and Governmental Affairs A BILL To require the appointment or designation of emerging technology leads in certain Federal agencies. 1. Short title This Act may be cited as the Oversee Emerging Technology Act 2. Emerging technology leads (a) Definitions In this section: (1) Covered agency The term covered agency (A) an agency listed in section 901(b) of title 31, United States Code; or (B) an element of the intelligence community, as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 (2) Covered individual The term covered individual (A) an individual serving in a Senior Executive Service position, as that term is defined in section 3132 of title 5, United States Code; (B) an individual who— (i) is serving in a position to which section 5376 of title 5, United States Code, applies; and (ii) has a significant amount of seniority and experience, as determined by the head of the applicable covered agency; and (C) another individual who is the equivalent of an individual described in subparagraph (A) or (B), as determined by the head of the applicable covered agency. (b) Appointment or designation The head of each covered agency that is substantially engaged in the development, application, or oversight of emerging technologies shall appoint or designate a covered individual as an emerging technology lead to— (1) advise the covered agency on the responsible use of emerging technologies, including artificial intelligence; (2) provide expertise on responsible policies and practices; (3) collaborate with interagency coordinating bodies; and (4) provide input for procurement policies. (c) Informing Congress Not later than 180 days after the date of enactment of this Act, the President shall— (1) inform Congress of each covered agency for which a covered individual has been appointed or designated as an emerging technology lead under subsection (b); and (2) provide to Congress a description of the authorities and responsibilities of the covered individuals described in paragraph (1).
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Oversee Emerging Technology Act
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Increasing American Jobs Through Greater United States Exports to Africa and Latin America Act of 2023 This bill requires the President to take certain actions to increase U.S. exports to Africa, Latin America, and the Caribbean. Specifically, the bill directs the President to establish and submit to Congress a comprehensive U.S. strategy for public and private investment, trade, and development in Africa, Latin America, and the Caribbean. The strategy shall focus on increasing exports of U.S. goods and services to Africa, Latin America, and the Caribbean by at least 200% in real dollar value within 10 years. Additionally, the bill directs the President to designate a Special Africa Export Strategy Coordinator, designate a Special Latin America and the Caribbean Export Strategy Coordinator, and develop a plan for standardized training of foreign service and economic officers.
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118 S158 IS: Increasing American Jobs Through Greater United States Exports to Africa and Latin America Act of 2023 U.S. Senate 2023-01-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 158 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Durbin Mrs. Shaheen Mr. Boozman Mr. Coons Mr. Cassidy Committee on Banking, Housing, and Urban Affairs A BILL To increase United States jobs through greater United States exports to Africa and Latin America, and for other purposes. 1. Short title This Act may be cited as the Increasing American Jobs Through Greater United States Exports to Africa and Latin America Act of 2023 2. Investment, trade, and development in Africa and Latin America and the Caribbean (a) Strategy required (1) In general The President shall establish a comprehensive United States strategy for public and private investment, trade, and development in Africa and Latin America and the Caribbean. (2) Focus of strategy The strategy required by paragraph (1) shall focus on increasing exports of United States goods and services to Africa and Latin America and the Caribbean by 200 percent in real dollar value by the date that is 10 years after the date of the enactment of this Act. (3) Consultations In developing the strategy required by paragraph (1), the President shall consult with— (A) Congress; (B) each agency that is a member of the Trade Promotion Coordinating Committee; (C) the relevant multilateral development banks, in coordination with the Secretary of the Treasury and the respective United States Executive Directors of such banks; (D) each agency that participates in the Trade Policy Staff Committee established; (E) the President’s Export Council; (F) each of the development agencies; (G) any other Federal agencies with responsibility for export promotion or financing and development; and (H) the private sector, including businesses, nongovernmental organizations, and African and Latin American and Caribbean diaspora groups. (4) Submission to congress (A) Strategy Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress the strategy required by subsection (a). (B) Progress report Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by paragraph (1). (b) Special Africa and Latin America and the Caribbean export strategy coordinators The President shall designate an individual to serve as Special Africa Export Strategy Coordinator and an individual to serve as Special Latin America and the Caribbean Export Strategy Coordinator— (1) to oversee the development and implementation of the strategy required by subsection (a); and (2) to coordinate developing and implementing the strategy with— (A) the Trade Promotion Coordinating Committee; (B) the Assistant United States Trade Representative for African Affairs or the Assistant United States Trade Representative for the Western Hemisphere, as appropriate; (C) the Assistant Secretary of State for African Affairs or the Assistant Secretary of State for Western Hemisphere Affairs, as appropriate; (D) the Export-Import Bank of the United States; (E) the United States International Development Finance Corporation; and (F) the development agencies. (c) Trade missions to Africa and Latin America and the Caribbean It is the sense of Congress that, not later than one year after the date of the enactment of this Act, the Secretary of Commerce and other high-level officials of the United States Government with responsibility for export promotion, financing, and development should conduct joint trade missions to Africa and to Latin America and the Caribbean. (d) Training The President shall develop a plan— (1) to standardize the training received by United States and Foreign Commercial Service officers, economic officers of the Department of State, and economic officers of the United States Agency for International Development with respect to the programs and procedures of the Export-Import Bank of the United States, the United States International Development Finance Corporation, the Small Business Administration, and the United States Trade and Development Agency; and (2) to ensure that, not later than one year after the date of the enactment of this Act— (A) all United States and Foreign Commercial Service officers that are stationed overseas receive the training described in paragraph (1); and (B) in the case of a country to which no United States and Foreign Commercial Service officer is assigned, any economic officer of the Department of State stationed in that country receives that training. (e) Definitions In this section: (1) Development agencies The term development agencies (2) Multilateral development banks The term multilateral development banks 22 U.S.C. 262r(c)(4) (3) Trade policy staff committee The term Trade Policy Staff Committee (4) Trade promotion coordinating committee The term Trade Promotion Coordinating Committee 15 U.S.C. 4727 (5) United states and foreign commercial service The term United States and Foreign Commercial Service 15 U.S.C. 4721
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Increasing American Jobs Through Greater United States Exports to Africa and Latin America Act of 2023
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Educating Future Nurses Act This bill establishes a permanent National Graduate Nurse Education Program to provide clinical training to advanced practice registered nurses (APRNs), particularly with respect to services for Medicare beneficiaries. (The Centers for Medicare & Medicaid Services conducted a similar demonstration program from 2012-2016.) Under the program, hospitals may receive payments for the costs associated with providing clinical education to APRNs. Hospitals must partner with nursing schools, regional hospitals or health systems, or non-hospital community providers (e.g., nursing homes) to provide qualifying clinical education. Such education must consist of clinical experience in primary, preventive, transitional, acute, and chronic care, as well as other services that are appropriate for Medicare beneficiaries; at least half of this education must be provided in non-hospital, community-based settings. Participating hospitals must report annually on their programs, subject to payment reductions.
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111 S1586 IS: Educating Future Nurses Act U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1586 IN THE SENATE OF THE UNITED STATES May 11, 2023 Ms. Stabenow Mr. Casey Ms. Hassan Committee on Finance A BILL To amend title XVIII of the Social Security Act to establish a national graduate nurse education program. 1. Short title This Act may be cited as the Educating Future Nurses Act 2. National graduate nurse education program Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1866H. National graduate nurse education program (a) In general (1) Establishment (A) In general The Secretary shall establish a national graduate nurse education program under this title under which an eligible hospital may receive payment for the hospital's reasonable costs (described in paragraph (2)) for the provision of qualified clinical education to advanced practice registered nurses. (B) Written agreements Eligible hospitals participating in the program shall enter into written agreements pursuant to subsection (b)(1) in order to reimburse the eligible partners of the hospital the share of the costs attributable to each partner. (2) Costs described (A) In general Subject to subparagraph (B), the costs described in this paragraph are the reasonable costs (as described in section 1861(v)) of each eligible hospital for the clinical education costs (as determined by the Secretary) that are attributable to providing advanced practice registered nurses with qualified clinical education. (B) Limitation With respect to a year, the amount reimbursed under subparagraph (A) may not exceed the amount of costs described in subparagraph (A) that are attributable to an increase in the number of advanced practice registered nurses enrolled in an accredited school of nursing that provides qualified clinical education during the year and for which the hospital is being reimbursed under the program, as compared to the average number of advanced practice registered nurses who graduated in each year during the period beginning on January 1, 2021, and ending on December 31, 2022 (as determined by the Secretary) from the graduate nursing education program operated by the applicable school of nursing that is an eligible partner of the hospital for purposes of the program. (3) Establishment of regions (A) In general The Secretary shall establish regions for Graduate Nurse Education Hubs described in subsection (b) under the program based on hospital referral regions. (B) Limitations (i) One HUB per region Only one Graduate Nurse Education Hub may participate in the program with respect to each region established by the Secretary under subparagraph (A). (ii) Eligible hospitals and eligible partners An eligible hospital or eligible partner may only participate in one Graduate Nurse Education Hub under the program. (4) Supplement not supplant Payments under this section in any given year shall supplement, not supplant, other Federal funds that have been made available in the year for advanced practice registered nurse clinical education or training. (5) Waiver authority The Secretary may waive such requirements of title XI and this title as may be necessary to carry out the program. (6) Administration Chapter 35 (b) Requirements No payment shall be made under this section to an eligible hospital unless such hospital meets the following requirements: (1) The hospital has in effect a written agreement with the eligible partners of the hospital. Such written agreement shall describe, at a minimum— (A) the obligations of the eligible partners with respect to the provision of qualified clinical education; and (B) the obligation of the eligible hospital to reimburse such eligible partners (in a timely manner) for the costs of such qualified clinical education that are attributable to such partner. (2) The hospital demonstrates to the Secretary that it is leading a Graduate Nurse Education (GNE) Hub which has established and will maintain the following in order to provide qualified clinical education to advanced practice registered nurses: (A) Partnerships with one or more— (i) applicable schools of nursing; (ii) hospitals or health systems in a regional area; and (iii) applicable non-hospital community-based care settings. (B) A governance structure that includes one or more applicable schools of nursing in the leadership and an oversight process that is developed and approved by the hospital, participating applicable schools of nursing, and other hub partners, in accordance with requirements established by the Secretary. (C) A process for timely reimbursement of eligible partners for the costs of such qualified clinical education that are attributable to such partner. (D) An adequate system for coordination of clinical education sites and preceptors. (E) A process for taking into consideration local, State, and regional workforce needs to facilitate innovation and value-based delivery of health care. (c) Payments (1) Per-student rate The amount of payment under this section to an eligible hospital shall for each year of the program shall be equal to the applicable per-student rate (as defined in paragraph (2)) multiplied by the total number of advanced practice registered nurses receiving qualified clinical education through the eligible hospital under the program. (2) Applicable per-student rate The applicable per-student rate, with respect to an eligible hospital, is— (A) for the first year of the program, a per-student rate determined by the Secretary based on data from the Graduate Nurse Education Demonstration established under section 5509 of the Patient Protection and Affordable Care Act ( Public Law 111–148 (B) for a subsequent year, the amount determined under this paragraph for the preceding year, increased or decreased by the percentage change in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending with June of the previous year. (d) Annual reporting required (1) Reduction in payment for failure to report (A) In general The amount payable under this section to an eligible hospital shall be reduced by 25 percent if the Secretary determines that— (i) the hospital has failed to provide the Secretary the report required under paragraph (2) for the year; or (ii) such report fails to provide the information required under any subparagraph of such paragraph. (B) Notice and opportunity to provide missing information Before imposing a reduction under subparagraph (A) on the basis of a hospital's failure to provide information described in subparagraph (A)(ii), the Secretary shall provide notice to the hospital of such failure and the Secretary's intention to impose such reduction and shall provide the hospital with the opportunity to provide the required information within a period of 30 days beginning on the date of such notice. If the hospital provides such information within such period, no reduction shall be made under subparagraph (A) on the basis of the previous failure to provide such information. (C) Limitation In the case where the amount payable under this section to an eligible hospital is reduced pursuant to subparagraph (A), the eligible hospital may not make any corresponding reductions in payment to eligible partners. (2) Annual report The report required under this paragraph for an eligible hospital for a year is a report that includes (in a form and manner specified by the Secretary) the following information for the academic year completed immediately prior to such year: (A) The types of qualified clinical education provided to advanced practice registered nurses under the program. (B) The type and number of academic or practice partnerships established as a result of working together in a Graduate Nurse Education (GNE) Hub. (C) The number of advanced practice registered nurse students receiving qualified clinical education through the eligible hospital under the program. (D) Any changes in qualified clinical education made during such academic year (except that the first report submitted by the eligible hospital under this paragraph shall be for such changes since the first year in which the hospital received payment under this section), including— (i) changes in curricula, clinical education experiences, and types of clinical education, and benefits that have resulted from such changes; and (ii) changes for purposes of measuring and improving the quality and safety of patient care. (E) The numbers of advanced practice registered nurses who graduated from their program at the end of such academic year and care for individuals within the borders of the service area of the hospital or within the borders of the State in which the hospital is located. (F) The number of patients treated by advanced practice registered nurses under the program. (G) The number of visits by patients treated by such advanced practice registered nurses. (H) Of the number of advanced practice registered nurses who graduated from their program at the end of such academic year, the number and percentage of such advanced practice registered nurses who entered practice at a health care facility— (i) primarily serving a health professional shortage area with a designation in effect under section 332 of the Public Health Service Act or a medically underserved community (as defined in section 799B of such Act); or (ii) located in a rural area (as defined in section 1886(d)(2)(D)). (I) Other information as deemed appropriate by the Secretary. (3) Report to congress Not later than 2 years after the date of the enactment of this section, the Secretary shall submit to Congress a report— (A) summarizing the information submitted in reports to the Secretary under paragraph (2); (B) describing the results of the program carried out under this section; and (C) making recommendations for improvements to the program. (e) Funding For purposes of carrying the program under this section, the Secretary shall provide for the transfer, from the Federal Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary Medical Insurance Trust Fund under section 1841, in such proportion as the Secretary determines appropriate, of such sums as the Secretary determines necessary, to the Centers for Medicare & Medicaid Services Program Management Account. (f) Definitions In this section: (1) Advanced practice registered nurse The term advanced practice registered nurse (A) A clinical nurse specialist (as defined in subsection (aa)(5) of section 1861. (B) A nurse practitioner (as defined in such subsection). (C) A certified registered nurse anesthetist (as defined in subsection (bb)(2) of such section). (D) A certified nurse-midwife (as defined in subsection (gg)(2) of such section). (2) Applicable non-hospital community-based care setting The term applicable non-hospital community-based care setting (3) Applicable school of nursing The term applicable school of nursing (4) Program The term program (5) Eligible hospital The term eligible hospital (A) 1 or more applicable schools of nursing; and (B) 2 or more applicable non-hospital community-based care settings. (6) Eligible partners The term eligible partners (A) An applicable school of nursing. (B) A hospital or health system in a regional area. (C) An applicable non-hospital community-based care setting. (7) Qualified clinical education (A) In general The term qualified clinical education (i) that provides an advanced practice registered nurse with the clinical skills necessary to provide primary care, preventive care, transitional care, acute care, chronic care management, and other services appropriate for individuals entitled to, or enrolled for, benefits under part A, or enrolled under part B; and (ii) subject to subparagraph (B), at least half of which is provided in a non-hospital community-based care setting. (B) Waiver of requirement half of qualified education be provided in non-hospital community-based care setting in certain areas The Secretary may waive the requirement under subparagraph (A)(ii) with respect to eligible hospitals located in rural or medically underserved areas. .
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Educating Future Nurses Act
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Protecting Taxpayers and Victims of Unemployment Fraud Act This bill addresses overpayments of unemployment insurance (UI) benefits, including by providing incentives for states to investigate and recover these funds. Specifically, the bill allows a state to retain 25% of any funds recovered from fraudulent overpayments of certain UI benefits that were provided during the COVID-19 pandemic. These retained funds must be used for specified program integrity measures, such as modernizing UI systems and information technology and hiring fraud investigators. The bill allows a state to retain up to 5% of (1) any UI overpayment it recovers, except where the overpayment is due to state agency error; and (2) any unpaid employer contributions that the state recovers, if the state certifies that it has enacted certain fraud detection measures. A state must use the retained funds for specified purposes, such as deterring, detecting, and preventing improper payments. Additionally, the bill extends from 3 to 10 years the time during which states must recover overpayments of pandemic UI benefits through benefit offsets. The bill also extends from 5 to 10 years the statute of limitations for federal criminal charges or civil enforcement actions related to UI fraud. Further, the bill extends an exception to the federal requirement that state UI personnel be hired on a merit basis. The bill allows a state to hire temporary staff on a noncompetitive basis through December 31, 2030. Finally, the bill repeals a provision that provided funding to the Department of Labor for UI program integrity activities.
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118 S1587 IS: Protecting Taxpayers and Victims of Unemployment Fraud Act U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1587 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Crapo Mr. Risch Mr. Marshall Mr. Braun Mrs. Capito Mr. Thune Mr. Scott of Florida Mr. Romney Mr. Barrasso Mr. Budd Mrs. Blackburn Mr. Kennedy Mr. Young Mr. Cassidy Ms. Collins Committee on Finance A BILL To provide incentives for States to recover fraudulently paid Federal and State unemployment compensation, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Protecting Taxpayers and Victims of Unemployment Fraud Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Recovering Federal fraudulent COVID unemployment compensation payments. Sec. 3. Permissible uses of unemployment fund for program administration. Sec. 4. Preventing unemployment compensation fraud through data matching. Sec. 5. Extension of emergency State staffing flexibility. Sec. 6. Fraud enforcement harmonization. Sec. 7. Budget offset. Sec. 8. State fund contingency. 2. Recovering Federal fraudulent COVID unemployment compensation payments (a) Allowing States To retain percentage of overpayments for program integrity (1) Pandemic unemployment assistance Section 2102(d)(4) of the CARES Act ( 15 U.S.C. 9021(d)(4) (4) Fraud and overpayments Section 2107(e) shall apply with respect to pandemic unemployment assistance under this section by substituting pandemic unemployment assistance pandemic emergency unemployment compensation . (2) Federal Pandemic Unemployment Compensation Section 2104(f)(3) of such Act ( 15 U.S.C. 9023(f)(3) (A) in subparagraph (A)— (i) by striking 3-year 10-year (ii) by inserting , except that a State may retain a percentage of any amounts recovered as described in subparagraph (C) (B) by adding at the end the following new subparagraph: (C) Retention of percentage of recovered funds The State agency may retain 25 percent of any amount recovered from overpayments of Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation that were determined to be made due to fraud. Amounts so retained by the State agency shall be used for any of following: (i) Modernizing unemployment compensation systems and information technology to improve identity verification and validation of applicants. (ii) Reimbursement of administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. (iii) Hiring fraud investigators and prosecutors. (iv) Other program integrity activities as determined by the State. . (3) Pandemic emergency unemployment compensation Section 2107(e)(3) of the CARES Act ( 15 U.S.C. 9025(e)(3) (A) in subparagraph (A)— (i) by striking 3-year 10-year (ii) by inserting , except that a State may retain a percentage of any amounts recovered as described in subparagraph (C) (B) by adding at the end the following new subparagraph: (C) Retention of percentage of recovered funds The State agency may retain 25 percent of any amount recovered from overpayments of pandemic emergency unemployment compensation that were determined to be made due to fraud. Amounts so retained by the State agency shall be used for any of following: (i) Modernizing unemployment compensation systems and information technology to improve identity verification and validation of applicants. (ii) Reimbursement of administrative costs incurred by the State to identify and pursue recovery of fraudulent overpayments. (iii) Hiring fraud investigators and prosecutors. (iv) Other program integrity activities as determined by the State. . (4) Extended unemployment compensation A State to which section 4105 of the Families First Coronavirus Response Act ( 26 U.S.C. 3304 15 U.S.C. 9025(e)(3)(C) (5) First week of regular compensation A State that was a party to an agreement under section 4105 of the CARES Act ( 15 U.S.C. 9024 15 U.S.C. 9025(e)(3)(C) (b) Treatment under withdrawal standard and immediate deposit requirements Any amount retained by a State pursuant to paragraph (4) or (5) of subsection (a) or under section 2102(d)(4), section 2104(f)(3)(C), or section 2107(e)(3)(C) of the CARES Act, and used for the purposes described therein, shall not be considered to violate the withdrawal standard and immediate deposit requirements of paragraph (4) or (5) of section 303(a) of the Social Security Act ( 42 U.S.C. 503(a) section 3304(a) (c) Limitation on retention authority The authority of a State to retain any amount pursuant to paragraph (4) or (5) of subsection (a) and under section 2102(d)(4), section 2104(f)(3)(C), and section 2107(e)(3)(C) of the CARES Act shall apply only— (1) with respect to an amount recovered on or after the date of the enactment of this Act; and (2) during the 10-year period beginning on the date on which such amount was received by an individual not entitled to such amount. 3. Permissible uses of unemployment fund for program administration (a) Withdrawal standard in the Internal Revenue Code Section 3304(a)(4) (1) in subparagraph (F), by striking and (2) by inserting after subparagraph (G) the following new subparagraphs: (H) provided the certifications made by the State as described in section 4 of the Protecting Taxpayers and Victims of Unemployment Fraud Act (i) the payment of costs of deterring, detecting, and preventing improper payments; (ii) purposes relating to the proper classification of employees and the provisions of State law implementing section 303(k) of the Social Security Act; (iii) the payment to the Secretary of the Treasury to the credit of the account of the State in the Unemployment Trust Fund; (iv) modernizing the State’s unemployment insurance technology infrastructure; or (v) otherwise assisting the State in improving the timely and accurate administration of the State’s unemployment compensation law; and (I) provided the certifications made by the State as described in section 4 of the Protecting Taxpayers and Victims of Unemployment Fraud Act . (b) Definition of unemployment fund Section 3306(f) and for refunds of sums , except as otherwise provided in section 3304(a)(4), section 303(a)(5) of the Social Security Act, or any other provision of Federal unemployment compensation law. (c) Withdrawal standard in Social Security Act Section 303(a)(5) of the Social Security Act ( 42 U.S.C. 503(a)(5) and for refunds of sums except as otherwise provided in this section, section 3304(a)(4) (d) Immediate deposit requirements in the internal revenue code Section 3304(a)(3) (3) all money received in the unemployment fund shall immediately upon such receipt be paid over to the Secretary of the Treasury to the credit of the Unemployment Trust Fund established by section 904 of the Social Security Act ( 42 U.S.C. 1104 (A) refunds of sums improperly paid into such fund; (B) refunds paid in accordance with the provisions of section 3305(b); and (C) amounts deposited in a State fund in accordance with subparagraph (H) or (I) of paragraph (4); . (e) Immediate deposit requirement in Social Security Act requirement Section 303(a)(4) of the Social Security Act ( 42 U.S.C. 503(a)(4) (except as otherwise provided in this section, section 3304(a)(3) (f) Application to Federal payments When administering any Federal program providing compensation (as defined in section 3306 (g) Effective date The amendments made by this section shall apply to overpayments or payments or contributions (or payments in lieu of contributions) that are collected as a result of an investigation and assessment by the State agency after the end of the 2-year period beginning on the date of the enactment of this Act, except that nothing in this section shall be interpreted to prevent a State from amending its law before the end of the 2-year period beginning on the date of the enactment of this Act. 4. Preventing unemployment compensation fraud through data matching (a) In general As a condition for the eligibility of a State to implement the exceptions to the withdrawal standard described in subparagraphs (H) and (I) of section 3304(a)(4) of the Internal Revenue Code, the State shall certify each of the following: (1) Integrity data hub The State uses the system designated by the Secretary of Labor (or another system at the discretion of the State) for cross-matching claimants of unemployment compensation to prevent and detect fraud and improper payments. (2) Use of fraud prevention and detection systems The State has established procedures to do the following: (A) National Directory of New Hires Use the National Directory of New Hires established under section 453(i) of the Social Security Act— (i) to compare information in such Directory against information about individuals claiming unemployment compensation to identify any such individuals who may have become employed; (ii) to take timely action to verify whether the individuals identified pursuant to clause (i) are employed; and (iii) upon verification pursuant to clause (ii), to take appropriate action to suspend or modify unemployment compensation payments, and to initiate recovery of any improper payments that have been made. (B) State Information Data Exchange System Use the State Information Data Exchange System (or another system at the discretion of the State) to facilitate employer responses to requests for information from State workforce agencies. (C) Incarcerated individuals Seek information from the Commissioner of Social Security under sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii) of the Social Security Act, or from such other sources as the State agency determines appropriate, to obtain the information necessary to carry out the provisions of a State law under which an individual who is confined in a jail, prison, or other penal institution or correctional facility is ineligible for unemployment compensation on account of such individual's inability to satisfy the requirement under section 303(a)(12) of such Act. (D) Deceased individuals Compare information of individuals claiming unemployment compensation against the information regarding deceased individuals furnished to or maintained by the Commissioner of Social Security under section 205(r) of the Social Security Act. (b) Unemployment compensation For the purposes of this section, any reference to unemployment compensation shall be considered to refer to compensation as defined in section 3306 5. Extension of emergency State staffing flexibility If a State modifies its unemployment compensation law and policies with respect to personnel standards on a merit basis on an emergency temporary basis as determined by the Secretary, including for detection, pursuit, and recovery of fraudulent overpayments under Federal pandemic unemployment compensation programs authorized under the CARES Act ( 15 U.S.C. 9021 et seq. 42 U.S.C. 503 section 3304 6. Fraud enforcement harmonization Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to compensation (as defined in section 3306 7. Budget offset Section 2118 of the CARES Act ( 15 U.S.C. 9034 8. State fund contingency Subject to appropriations, the unobligated balance as of the day before the date of enactment of this Act of amounts made available under section 2118 of the CARES Act ( 15 U.S.C. 9034 42 U.S.C. 1104 section 3304(a)(4)
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Protecting Taxpayers and Victims of Unemployment Fraud Act
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Respect for Grieving Military Families Act This bill addresses the overpayment of retired or retainer pay to a joint account (bearing the name of the decedent and the decedent's designated beneficiary) during the month of the death of a retired member of the armed forces. Specifically, the bill authorizes the Department of Defense (DOD) to forgive or offset the overpayment if the decedent was enrolled in the Survivor Benefit Plan (SBP). In the case of an offset, each of the first 12 SBP annuity payments after the death of the retired service member must be reduced by one-twelfth of the overpayment. If the decedent was not enrolled in the SBP, DOD is authorized to forgive the overpayment.
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118 S1588 IS: Respect for Grieving Military Families Act U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1588 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Cornyn Ms. Warren Committee on Armed Services A BILL To amend title 10, United States Code, to direct the forgiveness or offset of an overpayment of retired pay paid to a joint account for a period after the death of the retired member of the Armed Forces. 1. Short title This Act may be cited as the Respect for Grieving Military Families Act 2. Forgiveness or offset of overpayment of retired pay paid to a joint account for a period after the death of the retired member of the Armed Forces (a) When payment deposited to joint account Section 2771 of title 10, United States Code, is amended by adding at the end the following new subsection: (e) In the case of overpayment of retired or retainer pay, arising from payment of such retired or retainer pay for any period after the date of the death of a recipient through the last day of the month in which such death occurs, if such payment is electronically deposited in an accredited financial institution to a joint account bearing the name of the decedent and another individual who is the decedent’s designated beneficiary under subsection (a)(1), the Secretary of Defense— (1) if the decedent is an individual to whom section 1448 of this title applies, shall elect to— (A) forgive the overpayment on behalf of the United States; or (B) offset the overpayment pursuant to section 1450(n) of this title; or (2) if the decedent is not an individual to whom section 1448 of this title applies, shall forgive the overpayment on behalf of the United States. . (b) Coordination with Survivor Benefit Plan Section 1450 of title 10, United States Code, is amended— (1) in subsection (a), by inserting , or that applies under subsection (n) under subsection (j) (2) by adding at the end the following new subsection: (n) Special rule in case of certain final retired pay overpayment In a case described in section 2771(e) of this title, if the individual described in that subsection other than the decedent is the beneficiary of the decedent under the Plan, each of the first 12 payments, following the death of the decedent, of the annuity payable to the decedent’s beneficiary under the Plan, shall be reduced by one-twelfth of such overpayment. . (c) Effective date The amendments made by this section shall apply with respect to payments made to persons who die on or after the date of the enactment of this Act.
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Respect for Grieving Military Families Act
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Safeguarding Patients and Taxpayers Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to annually report certain information on its use of funds to implement the Medicare Drug Price Negotiation Program. (The program requires the CMS to negotiate the prices of certain prescription drugs under Medicare beginning in 2026.) Specifically, the CMS must annually report (for as long as funds are available) on the amounts expended, the use of funds, and the projected and actual unused funds from amounts appropriated to implement the program. The CMS must also report on relevant contracts, efforts to prevent fraud, waste, and abuse, and other implementation activities and associated expenditures. The bill also explicitly restricts the CMS from using program funds for other programs or purposes.
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117 S1589 IS: Safeguarding Patients and Taxpayers Act U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1589 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Tillis Mr. McConnell Mr. Crapo Mr. Daines Mrs. Blackburn Committee on Finance A BILL To provide for transparency of funds appropriated for purposes of implementing part E of title XI of the Social Security Act. 1. Short title This Act may be cited as the Safeguarding Patients and Taxpayers Act 2. Oversight of use of implementation funding for drug price negotiation program Part E of title XI of the Social Security Act ( 42 U.S.C. 1320f 1199. Reports on use of implementation funding (a) Reports (1) In general Not later than 180 days after the date of enactment of this section and not less frequently than annually thereafter for as long as funding is available under section 11004 of Public Law 117–169 (A) any relevant information with respect to contracting relationships and entities, including associated contracts, criteria for selection of contracts, and procedures for monitoring the use of funds and compliance with program requirements by contractors and subcontractors; (B) a description of efforts the Secretary has undertaken to prevent fraud, waste, and abuse related to accessing maximum fair prices, including any violations involving entities or individuals not eligible to have access to the maximum fair price for a selected drug, violations related to dispensing or administering a selected drug to an individual who is not a maximum fair price eligible individual, and violations of duplicate discounts such as the nonduplication provisions under section 1193(d); (C) the identification of any entity the Secretary is contracting with to implement the program, the extent to which contractors conduct health technology assessments, the types of clinical and economic outcomes and standards used in such assessments, and the use of such assessments by the Secretary; (D) a description of the average amount of funds, full-time equivalent employees, and contractor staffing and support expended under the program for negotiation of the final maximum fair price established for a selected drug, including a breakdown of expenditures dedicated to employees as well as to contractors, and how those expenditures are apportioned across various activities; (E) the amount expended on development and maintenance of a data confidentiality policy for proprietary data as required under section 1193(c); (F) the amount expended on conducting research and analysis or evaluating data and research from external sources, including external stakeholders; (G) the amount expended to establish and maintain safeguards to prevent fraud, waste, and abuse in the program as described in paragraph (B); and (H) the amount of staff time and funds expended under the program on resolving disputes with manufacturers or other stakeholders over the accuracy of data used by the Secretary and how such data is interpreted by the Secretary. (2) Limitation The Secretary shall ensure that reports under paragraph (1) do not disclose trade secrets or other proprietary information. (b) Limitation on use of funding Except as otherwise provided in this part, none of the funds provided under section 11004 of Public Law 117–169 (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by this part for a different purpose; (5) creates or reorganizes offices, programs, or activities not otherwise authorized under such section 11004; or (6) tests a model under section 1115A. (c) Use of existing funding for reports The Secretary shall use funds appropriated under section 11004 of Public Law 117–169 .
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Safeguarding Patients and Taxpayers Act
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Justice for ALS Veterans Act of 2023 This bill extends increased dependency and indemnity compensation to the surviving spouse of a veteran who dies from amyotrophic lateral sclerosis (ALS or Lou Gehrig's disease) regardless of how long the veteran had such disease prior to death. Under current law, such compensation is paid for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death.
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118 S1590 IS: Justice for ALS Veterans Act of 2023 U.S. Senate 2023-05-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1590 IN THE SENATE OF THE UNITED STATES May 11, 2023 Mr. Coons Ms. Murkowski Mr. Whitehouse Mr. Rounds Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to extend increased dependency and indemnity compensation paid to surviving spouses of veterans who die from amyotrophic lateral sclerosis, regardless of how long the veterans had such disease prior to death, and for other purposes. 1. Short title This Act may be cited as the Justice for ALS Veterans Act of 2023 2. Extension of increased dependency and indemnity compensation to surviving spouses of veterans who die from amyotrophic lateral sclerosis (a) Extension Section 1311(a)(2) of title 38, United States Code, is amended— (1) by inserting (A) The rate (2) by adding at the end the following new subparagraph: (B) A veteran whom the Secretary determines died from amyotrophic lateral sclerosis shall be treated as a veteran described in subparagraph (A) without regard for how long the veteran had such disease prior to death. . (b) Applicability Subparagraph (B) of section 1311(a)(2) of title 38, United States Code, as added by subsection (a), shall apply to a veteran who dies from amyotrophic lateral sclerosis on or after October 1, 2022.
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Justice for ALS Veterans Act of 2023
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Domestic Terrorism Prevention Act of 2023 This bill establishes new requirements to expand the availability of information on domestic terrorism, as well as the relationship between domestic terrorism and hate crimes. It authorizes domestic terrorism components within the Department of Homeland Security (DHS), the Department of Justice (DOJ), and the Federal Bureau of Investigation (FBI) to monitor, analyze, investigate, and prosecute domestic terrorism. The domestic terrorism components of DHS, DOJ, and the FBI must jointly report on domestic terrorism, including white-supremacist-related incidents or attempted incidents. DHS, DOJ, and the FBI must review the anti-terrorism training and resource programs of their agencies that are provided to federal, state, local, and tribal law enforcement agencies. Additionally, DOJ must make training on prosecuting domestic terrorism available to its prosecutors and to assistant U.S. attorneys. It creates an interagency task force to analyze and combat white supremacist and neo-Nazi infiltration of the uniformed services and federal law enforcement agencies. Finally, it directs the FBI to assign a special agent or hate crimes liaison to each field office to investigate hate crimes incidents with a nexus to domestic terrorism.
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118 S1591 IS: Domestic Terrorism Prevention Act of 2023 U.S. Senate 2023-05-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1591 IN THE SENATE OF THE UNITED STATES May 15, 2023 Mr. Durbin Ms. Baldwin Mr. Menendez Mrs. Murray Mr. Cardin Mrs. Gillibrand Mr. Whitehouse Mr. Murphy Mr. Schatz Ms. Cantwell Ms. Cortez Masto Committee on the Judiciary A BILL To authorize dedicated domestic terrorism offices within the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation to analyze and monitor domestic terrorist activity and require the Federal Government to take steps to prevent domestic terrorism. 1. Short title This Act may be cited as the Domestic Terrorism Prevention Act of 2023 2. Definitions In this Act— (1) the term Director (2) the term domestic terrorism (3) the term Domestic Terrorism Executive Committee (4) the term hate crime incident 42 U.S.C. 3631 (5) the term Secretary (6) the term uniformed services 3. Offices to combat domestic terrorism (a) Authorization of offices To monitor, analyze, investigate, and prosecute domestic terrorism (1) Domestic terrorism unit There is authorized a Domestic Terrorism Unit in the Office of Intelligence and Analysis of the Department of Homeland Security, which shall be responsible for monitoring and analyzing domestic terrorism activity. (2) Domestic terrorism office There is authorized a Domestic Terrorism Office in the Counterterrorism Section of the National Security Division of the Department of Justice— (A) which shall be responsible for investigating and prosecuting incidents of domestic terrorism; (B) which shall be headed by the Domestic Terrorism Counsel; and (C) which shall coordinate with the Civil Rights Division on domestic terrorism matters that may also be hate crime incidents. (3) Domestic terrorism section of the FBI There is authorized a Domestic Terrorism Section within the Counterterrorism Division of the Federal Bureau of Investigation, which shall be responsible for investigating domestic terrorism activity. (4) Staffing The Secretary, the Attorney General, and the Director shall each ensure that each office authorized under this section in their respective agencies shall— (A) have an adequate number of employees to perform the required duties; (B) have not less than one employee dedicated to ensuring compliance with civil rights and civil liberties laws and regulations; and (C) require that all employees undergo annual anti-bias training. (5) Sunset The offices authorized under this subsection shall terminate on the date that is 10 years after the date of enactment of this Act. (b) Joint report on domestic terrorism (1) Biannual report required Not later than 180 days after the date of enactment of this Act, and each 6 months thereafter for the 10-year period beginning on the date of enactment of this Act, the Secretary, the Attorney General, and the Director shall submit a joint report authored by the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) to— (A) the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on the Judiciary, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Contents Each report submitted under paragraph (1) shall include— (A) an assessment of the domestic terrorism threat posed by White supremacists and neo-Nazis, including White supremacist and neo-Nazi infiltration of Federal, State, and local law enforcement agencies and the uniformed services; (B) (i) in the first report, an analysis of incidents or attempted incidents of domestic terrorism that have occurred in the United States since April 19, 1995, including any White-supremacist-related incidents or attempted incidents; and (ii) in each subsequent report, an analysis of incidents or attempted incidents of domestic terrorism that occurred in the United States during the preceding 6 months, including any White-supremacist-related incidents or attempted incidents; (C) a quantitative analysis of domestic terrorism for the preceding 6 months, including— (i) the number of— (I) domestic terrorism related assessments initiated by the Federal Bureau of Investigation, including the number of assessments from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism; (II) domestic terrorism-related preliminary investigations initiated by the Federal Bureau of Investigation, including the number of preliminary investigations from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and how many preliminary investigations resulted from assessments; (III) domestic terrorism-related full investigations initiated by the Federal Bureau of Investigation, including the number of full investigations from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and how many full investigations resulted from preliminary investigations and assessments; (IV) domestic terrorism-related incidents, including the number of incidents from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, the number of deaths and injuries resulting from each incident, and a detailed explanation of each incident; (V) Federal domestic terrorism-related arrests, including the number of arrests from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each arrest; (VI) Federal domestic terrorism-related indictments, including the number of indictments from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each indictment; (VII) Federal domestic terrorism-related prosecutions, including the number of incidents from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each prosecution; (VIII) Federal domestic terrorism-related convictions, including the number of convictions from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each conviction; and (IX) Federal domestic terrorism-related weapons recoveries, including the number of each type of weapon and the number of weapons from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism; and (ii) an explanation of each individual case that progressed through more than 1 of the stages described under clause (i)— (I) including the specific classification or subcategory for each case; and (II) not including personally identifiable information not otherwise releasable to the public; and (D) certification that each of the assessments and investigations described under subparagraph (C) are in compliance with all applicable civil rights and civil liberties laws and regulations. (3) Hate crimes In compiling a joint report under this subsection, the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) shall, in consultation with the Civil Rights Division of the Department of Justice and the Civil Rights Unit of the Federal Bureau of Investigation, review each Federal hate crime charge and conviction during the preceding 6 months to determine whether the incident also constitutes a domestic terrorism-related incident. (4) Classification and public release Each report submitted under paragraph (1) shall be— (A) unclassified, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of the report, posted on the public websites of the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. (5) Nonduplication If two or more provisions of this subsection or any other law impose requirements on an agency to report or analyze information on domestic terrorism that are substantially similar, the agency may produce one report that complies with each such requirement as fully as possible. (c) Domestic terrorism executive committee There is authorized a Domestic Terrorism Executive Committee, which shall meet on a regular basis, and not less regularly than 4 times each year, to coordinate with United States Attorneys and other key public safety officials across the United States to promote information sharing and ensure an effective, responsive, and organized joint effort to combat domestic terrorism. (d) Focus on greatest threats The domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) shall focus their limited resources on the most significant domestic terrorism threats, as determined by the number of domestic terrorism-related incidents from each category and subclassification in the joint report for the preceding 6 months required under subsection (b). 4. Training to combat domestic terrorism (a) Required training and resources The Secretary, the Attorney General, and the Director shall review the anti-terrorism training and resource programs of their respective agencies that are provided to Federal, State, local, and Tribal law enforcement agencies, including the State and Local Anti-Terrorism Program that is funded by the Bureau of Justice Assistance of the Department of Justice, and ensure that such programs include training and resources to assist State, local, and Tribal law enforcement agencies in understanding, detecting, deterring, and investigating acts of domestic terrorism and White supremacist and neo-Nazi infiltration of law enforcement and corrections agencies. The Attorney General shall make training available to Department prosecutors and to Assistant United States Attorneys on countering and prosecuting domestic terrorism. The domestic-terrorism training shall focus on the most significant domestic terrorism threats, as determined by the quantitative analysis in the joint report required under section 3(b). (b) Requirement Any individual who provides domestic terrorism training required under this section shall have— (1) expertise in domestic terrorism; and (2) relevant academic, law enforcement, or other community-based experience in matters related to domestic terrorism. (c) Report (1) In general Not later than 6 months after the date of enactment of this Act and twice each year thereafter, the Secretary, the Attorney General, and the Director shall each submit a biannual report to the committees of Congress described in section 3(b)(1) on the domestic terrorism training implemented by their respective agencies under this section, which shall include copies of all training materials used and the names and qualifications of the individuals who provide the training. (2) Classification and public release Each report submitted under paragraph (1) shall— (A) be unclassified, to the greatest extent possible, with a classified annex only if necessary; (B) in the case of the unclassified portion of each report, be posted on the public website of the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation; and (C) include the number of Federal incidents, investigations, arrests, indictments, prosecutions, and convictions with respect to a false report of domestic terrorism or hate crime incident. 5. Interagency task force (a) In general Not later than 180 days after the date of enactment of this Act, the Attorney General, the Director, the Secretary, and the Secretary of Defense shall establish an interagency task force to analyze and combat White supremacist and neo-Nazi infiltration of the uniformed services and Federal law enforcement agencies. (b) Report (1) In general Not later than 1 year after the interagency task force is established under subsection (a), the Attorney General, the Secretary, and the Secretary of Defense shall submit a joint report on the findings of the task force and the response of the Attorney General, the Secretary, and the Secretary of Defense to such findings, to— (A) the Committee on the Judiciary of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Armed Services of the Senate; (E) the Committee on the Judiciary of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; (G) the Permanent Select Committee on Intelligence of the House of Representatives; and (H) the Committee on Armed Services of the House of Representatives. (2) Classification and public release The report submitted under paragraph (1) shall be— (A) submitted in unclassified form, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of the report, posted on the public website of the Department of Defense, the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. 6. Federal support for addressing hate crime incidents with a nexus to domestic terrorism (a) Community Relations Service The Community Relations Service of the Department of Justice, authorized under section 1001(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000g (b) Federal Bureau of Investigation Section 249 of title 18, United States Code, is amended by adding at the end the following: (f) Federal Bureau of Investigation The Attorney General, acting through the Director of the Federal Bureau of Investigation, shall assign a special agent or hate crimes liaison to each field office of the Federal Bureau of Investigation to investigate hate crimes incidents with a nexus to domestic terrorism (as such term is defined in section 2 of the Domestic Terrorism Prevention Act of 2023 . 7. Rule of construction Nothing in this Act, or any amendment made by this Act, may be construed to authorize the infringement or violation of any right protected under the First Amendment to the Constitution of the United States or an applicable provision of Federal law. 8. Authorization of appropriations There are authorized to be appropriated to the Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, and the Department of Defense such sums as may be necessary to carry out this Act.
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Domestic Terrorism Prevention Act of 2023
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Protecting Children From Experimentation Act of 2023 This bill establishes a new federal criminal offense for health care professionals who perform or provide referrals for gender transition procedures on minors. A physical or mental health care professional who performs or provides a referral for a gender transition procedure on a minor is subject to criminal penalties—a fine, a prison term of up to five years, or both. The bill authorizes civil remedies for a minor who undergoes a gender transition procedure. A minor who undergoes a gender transition procedure may not be arrested or prosecuted for an offense under this bill.
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118 S1597 IS: Protecting Children From Experimentation Act of 2023 U.S. Senate 2023-05-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1597 IN THE SENATE OF THE UNITED STATES May 15, 2023 Mr. Marshall Mrs. Blackburn Mr. Cramer Mr. Braun Mr. Daines Mrs. Hyde-Smith Mr. Mullin Mr. Wicker Committee on the Judiciary A BILL To amend chapter 110 1. Short title This Act may be cited as the Protecting Children From Experimentation Act of 2023 2. Gender transition procedures on minors prohibited Chapter 110 (1) by adding at the end the following: 2260B. Gender transition procedures on minors (a) In general Any physical or mental healthcare professional who knowingly performs or provides a referral for any gender transition procedure on a minor shall be fined under this title, imprisoned not more than 5 years, or both. (b) Prohibition on prosecution of person on whom procedures are performed No person on whom the gender transition procedure under subsection (a) is performed may be arrested or prosecuted for an offense under this section. (c) Civil action A person on whom a gender transition procedure is performed under this section may bring a civil action for appropriate relief against each person who performed the gender transition procedure. (d) Definitions In this section: (1) Biological sex The term biological sex (2) Cross-sex hormones The term cross-sex hormones (A) testosterone or other androgens given to biological females at doses that are profoundly larger or more potent than would normally occur naturally in healthy biological females; and (B) estrogen given to biological males at doses that are profoundly larger or more potent than would normally occur naturally in healthy biological males. (3) Gender The term gender (4) Gender transition The term gender transition (5) Gender transition procedure (A) In general The term gender transition procedure (i) to alter or remove physical or anatomical characteristics or features that are typical for the individual’s biological sex; or (ii) to instill or create physiological or anatomical characteristics that resemble a sex different from the individual’s birth sex. (B) Inclusions For purposes of subparagraph (A), the term medical or surgical service (i) physician's services; (ii) inpatient and outpatient hospital services; (iii) prescribed drugs relating to gender transition; (iv) a medical service that provides— (I) puberty-blocking drugs; (II) cross-sex hormones; or (III) other mechanisms to promote the development of feminizing or masculinizing features (in the opposite sex); and (v) gender transition surgery. (C) Exclusions The term gender transition procedure (i) services to individuals born with a medically verifiable disorder of sex development, including an individual with external biological sex characteristics that are irresolvably ambiguous, such as an individual born with 46 XX chromosomes with virilization, an individual born with 46 XY chromosomes with undervirilization, or an individual born having both ovarian and testicular tissue; (ii) services provided when a physician has otherwise diagnosed a disorder of sexual development in which the physician has determined through genetic or biochemical testing that the individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a biological male or biological female; or (iii) the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition procedures, whether or not the gender transition procedure was performed in accordance with State and Federal law or whether or not funding for the gender transition procedure is permissible under this section. (6) Gender transition surgery (A) In general The term gender transition surgery (B) Inclusions The term gender transition surgery (C) Exclusions The term gender transition surgery (7) Genital gender transition surgery The term genital gender transition surgery (A) for biologically male patients, a penectomy, orchiectomy, vaginoplasty, clitoroplasty, and vulvoplasty; and (B) for biologically female patients, a hysterectomy/ovariectomy, reconstruction of the fixed part of the urethra with or without a metoidioplasty or a phalloplasty, vaginectomy, scrotoplasty, and implantation of erection or testicular prostheses. (8) Minor The term minor (9) Non-genital gender transition surgery The term non-genital gender transition surgery (A) for biologically male patients, augmentation mammoplasty, facial feminization surgery, liposuction, lipofilling, voice surgery, thyroid cartilage reduction, gluteal augmentation (implants/lipofilling), hair reconstruction, and various aesthetic procedures; and (B) for biologically female patients, subcutaneous mastectomy, voice surgery, liposuction, lipofilling, pectoral implants, and various aesthetic procedures. (10) Puberty-blocking drugs The term puberty-blocking drugs (A) Gonadotropin-releasing hormone (GnRH) analogues or other synthetic drugs used in biological males to stop luteinizing hormone secretion and therefore testosterone secretion; and (B) synthetic drugs used in biological females that stop the production of estrogen and progesterone, when used to delay or suppress pubertal development in children for the purpose of assisting an individual with a gender transition. ; and (2) by amending the table of sections for such chapter by adding at the end the following: 2260B. Gender transition procedures on minors. .
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Protecting Children From Experimentation Act of 2023
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Protecting Life on College Campus Act of 2023 This bill prohibits the award of federal funds to an institution of higher education (IHE) that hosts or is affiliated with a school-based service site that provides abortion drugs or abortions to its students or to employees of the IHE or the site. An IHE that hosts or is affiliated with a site must, in order to remain eligible for federal funds, annually certify that the site does not provide abortion drugs or abortions to students or employees.
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118 S16 IS: Protecting Life on College Campus 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. 16 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2023 Mr. Daines Mrs. Hyde-Smith Mr. Crapo Mr. Cramer Mr. Rubio Mr. Hoeven Mr. Wicker Mr. Scott of Florida Mr. Risch Mr. Braun Mr. Hagerty Mrs. Fischer Mr. Cruz Mr. Mullin Mr. Marshall Mr. Cotton Mrs. Blackburn Mr. Boozman Committee on Health, Education, Labor, and Pensions A BILL To prohibit the award of Federal funds to an institution of higher education that hosts or is affiliated with a student-based service site that provides abortion drugs or abortions to students of the institution or to employees of the institution or site, and for other purposes. 1. Short title This Act may be cited as the Protecting Life on College Campus Act of 2023 2. Prohibition on award of funds to certain institutions of higher education (a) Prohibition No Federal funds may be awarded (directly or indirectly, including through a contract or subcontract) to any institution of higher education that hosts or is affiliated with any school-based service site that provides abortion drugs or abortions to students of such institution or to employees of such institution or site. (b) Annual reporting To remain eligible for awards of Federal funds, an institution of higher education that hosts or is affiliated with one or more school-based service sites shall submit an annual report to the Secretary of Education and the Secretary of Health and Human Services certifying that no such site provides abortion drugs or abortions to students of the institution or to employees of such institution or site. (c) Preemption An institution of higher education that receives Federal funds may not be subject to any penalty under State law solely by reason of compliance with this section. (d) Definitions In this section: (1) Abortion drug The term abortion drug (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) to produce a live birth; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Institution of higher education The term institution of higher education 20 U.S.C. 1002 (3) School-based service site The term school-based service site (A) means a clinic providing health care services (including primary health services, family planning services, telehealth services, and pharmaceutical services, without regard to whether the services are provided by employees of the clinic or contracted providers) to students that is located on the campus of an institution of higher education that accepts Federal funding; and (B) does not include a hospital (as defined in section 1861(e) of the Social Security Act ( 42 U.S.C. 1395x(e)
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Protecting Life on College Campus Act of 2023
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Maternal Health Pandemic Response Act This bill addresses data collection, public education, workplace safety, and other matters related to maternal health during public health emergencies. Specifically, the bill supports (1) various programs and initiatives carried out by the Centers for Disease Control and Prevention (CDC) to collect data about maternal health, including racial, ethnic, and other demographic data; and (2) research activities of the National Institute of Child Health and Human Development. Additionally, the CDC and the Centers for Medicare & Medicaid Services must make publicly available and periodically update pregnancy and postpartum data that is collected through federal surveillance systems during public health emergencies. The data must be disaggregated by factors such as race, ethnicity, insurance status, and location. Further, the CDC must carry out a program to educate pregnant individuals, their employers, and their health care providers about maternal and infant health risks during public health emergencies. The bill also requires the Department of Health and Human Services to convene a task force to develop recommendations on the provision of maternity care during public health emergencies with a particular focus on communities of color and rural populations.
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118 S1605 IS: Maternal Health Pandemic Response Act U.S. Senate 2023-05-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1605 IN THE SENATE OF THE UNITED STATES May 15, 2023 Ms. Warren Mr. Booker Mrs. Gillibrand Committee on Health, Education, Labor, and Pensions A BILL To authorize appropriations for data collection, surveillance, and research on maternal health outcomes during public health emergencies, and for other purposes. 1. Short title This Act may be cited as the Maternal Health Pandemic Response Act 2. Funding for data collection, surveillance, and research on maternal health outcomes during public health emergencies To conduct or support data collection, surveillance, and research on maternal health as a result of public health emergencies and infectious diseases that pose a risk to maternal and infant health, including support to assist in the capacity building for State, Tribal, territorial, and local public health departments to collect and transmit racial, ethnic, and other demographic data related to maternal health, there are authorized to be appropriated— (1) $100,000,000 for the Surveillance for Emerging Threats to Mothers and Babies program of the Centers for Disease Control and Prevention, to support the Centers for Disease Control and Prevention in its efforts to— (A) work with public health, clinical, and community-based organizations to provide timely, continually updated guidance to families and health care providers on ways to reduce risk to pregnant and postpartum individuals and their newborns and tailor interventions to improve their long-term health; (B) partner with more State, Tribal, territorial, and local public health programs in the collection and analysis of clinical data on the impact of public health emergencies and infectious diseases that pose a risk to maternal and infant health on pregnant and postpartum patients and their newborns, particularly among patients from racial and ethnic minority groups; and (C) establish regionally based centers of excellence to offer medical, public health, and other knowledge to ensure communities can help pregnant and postpartum individuals and newborns get the care and support they need, particularly in areas with large populations of individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (2) $30,000,000 for the Enhancing Reviews and Surveillance to Eliminate Maternal Mortality program (commonly known as the ERASE MM program (3) $45,000,000 for the Pregnancy Risk Assessment Monitoring System (commonly known as the PRAMS (A) create a supplement to its PRAMS survey related to public health emergencies and infectious diseases that pose a risk to maternal and infant health; (B) add questions around experiences of respectful maternity care in prenatal, intrapartum, and postpartum care; and (C) work to transition such PRAMS survey to an electronic platform and expand such PRAMS survey to a larger population, with a special focus on reaching underrepresented communities, and other program improvements; and (4) $15,000,000 for the National Institute of Child Health and Human Development, to conduct or support research for interventions to mitigate the effects of public health emergencies and infectious diseases that pose a risk to maternal and infant health, with a particular focus on individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. 3. Public health emergency maternal health data collection and disclosure (a) Availability of collected data The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Administrator of the Centers for Medicare & Medicaid Services, shall make publicly available on the website of the Centers for Disease Control and Prevention data described in subsection (b). (b) Data described The data described in this subsection are data collected through Federal surveillance systems under the Centers for Disease Control and Prevention with respect to public health emergencies and individuals who are pregnant or in a postpartum period. Such data shall include the following: (1) Diagnostic testing, confirmed cases, hospitalizations, deaths, and other health outcomes related to an infectious disease outbreak among pregnant and postpartum individuals. (2) Maternal and infant health outcomes among individuals who test positive for an infectious disease during or after pregnancy. (c) American Indian and Alaska Native Health outcomes In carrying out subsection (a), the Secretary shall consult with Indian Tribes and confer with Urban Indian organizations. (d) Disaggregated information In carrying out subsection (a), the Secretary shall disaggregate data by race, ethnicity, gender, primary language, geography, socioeconomic status, and other relevant factors. (e) Update During public health emergencies, the Secretary shall update the data made available under this section— (1) at least on a monthly basis; and (2) not less than one month after the end of such public health emergency. (f) Privacy In carrying out subsection (a), the Secretary shall take steps to protect the privacy of individuals pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 (g) Guidance (1) In general Not later than 30 days after the declaration of a public health emergency, the Secretary shall issue guidance to States and local public health departments to ensure that— (A) laboratories that test specimens for an infectious disease receive all relevant demographic data on race, ethnicity, pregnancy status, and other demographic data as determined by the Secretary; and (B) data described in subsection (b) are disaggregated by race, ethnicity, gender, primary language, geography, socioeconomic status, and other relevant factors. (2) Consultation In carrying out paragraph (1), the Secretary shall consult with Indian Tribes— (A) to ensure that such guidance includes tribally developed best practices; and (B) to reduce misclassification of American Indians and Alaska Natives. 4. Public health communication regarding maternal care during public health emergencies The Director of the Centers for Disease Control and Prevention shall conduct public health education campaigns during public health emergencies to ensure that pregnant and postpartum individuals, their employers, and their health care providers have accurate, evidence-based information on maternal and infant health risks during the public health emergency, with a particular focus on reaching pregnant and postpartum individuals in underserved communities. 5. Task force on birthing experience and safe, respectful, responsive, and empowering maternity care during public health emergencies (a) Establishment The Secretary, in consultation with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration, shall convene a task force (in this section referred to as the Task Force (b) Duties The Task Force shall develop, publicly post, and update Federal recommendations in multiple languages to ensure high-quality, nondiscriminatory maternity care, promote positive birthing experiences, and improve maternal health outcomes during public health emergencies, with a particular focus on outcomes for individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. Such recommendations shall— (1) address, with particular attention to ensuring equitable treatment on the basis of race and ethnicity— (A) measures to facilitate respectful, responsive, and empowering maternity care; (B) measures to facilitate telehealth maternity care for pregnant people who cannot regularly access in-person care; (C) strategies to increase access to specialized care for those with high-risk pregnancies or pregnant individuals with elevated risk factors; (D) diagnostic testing for pregnant and laboring patients; (E) birthing without one’s chosen companions, with one’s chosen companions, and with smartphone or other telehealth connection to one’s chosen companions; (F) newborn separation after birth in relation to maternal infection status; (G) breast milk feeding in relation to maternal infection status; (H) licensure, training, scope of practice, and Medicaid and other insurance reimbursement for certified midwives, certified nurse-midwives, and certified professional midwives, in a manner that facilitates inclusion of midwives of color and midwives from underserved communities; (I) financial support and training for perinatal health workers who provide nonclinical support to people from pregnancy through the postpartum period in a manner that facilitates inclusion from underserved communities; (J) strategies to ensure and expand doula coverage under State Medicaid programs; (K) how to identify, address, and treat prenatal and postpartum mental and behavioral health conditions, such as anxiety, substance use disorder, and depression, during public health emergencies; (L) how to identify and address instances of intimate partner violence during pregnancy which may arise or intensify during public health emergencies; (M) strategies to address hospital capacity concerns in communities with a surge in infectious disease cases and to provide childbearing people with options that reduce the potential for cross-contamination and increase the ability to implement their care preferences while maintaining safety and quality, such as the use of auxiliary maternity units and freestanding birth centers; (N) provision of child care services during prenatal and postpartum appointments for mothers whose children are unable to attend as a result of restrictions relating to the public health emergencies; (O) how to identify and address racism, bias, and discrimination in the delivery of maternity care services to pregnant and postpartum people, including evaluating the value of training for hospital staff on implicit bias and racism, respectful, responsive, and empowering maternity care, and demographic data collection; (P) how to address the needs of undocumented pregnant individuals and new mothers who may be afraid or unable to seek needed care during the public health emergency; (Q) how to address the needs of uninsured pregnant individuals who have historically relied on emergency departments for care; (R) how to identify pregnant and postpartum individuals at risk for depression, anxiety disorder, psychosis, obsessive-compulsive disorder, and other maternal mood disorders before, during, and after pregnancy, and how to treat those diagnosed with a postpartum mood disorder; (S) how to effectively and compassionately screen for substance use disorder during pregnancy and postpartum and help pregnant and postpartum individuals find support and effective treatment; (T) how to ensure access to infant nutrition during public health emergencies; and (U) such other matters as the Task Force determines appropriate; (2) identify barriers to the implementation of the recommendations; (3) take into consideration existing State and other programs that have demonstrated effectiveness in addressing pregnancy, birth, and postpartum care during public health emergencies; and (4) identify policies specific to COVID–19 that should be discontinued when safely possible and those that should be continued as the public health emergency abates. (c) Membership The Secretary shall appoint the members of the Task Force. Such members shall be comprised of— (1) representatives of the Department of Health and Human Services, including representatives of— (A) the Secretary; (B) the Director of the Centers for Disease Control and Prevention; (C) the Administrator of the Health Resources and Services Administration; (D) the Administrator of the Centers for Medicare & Medicaid Services; (E) the Director of the Agency for Healthcare Research and Quality; (F) the Commissioner of Food and Drugs; (G) the Assistant Secretary for Mental Health and Substance Use; and (H) the Director of the Indian Health Service; (2) at least 3 State, local, or territorial public health officials representing departments of public health, who shall represent jurisdictions from different regions of the United States with relatively high concentrations of historically marginalized populations; (3) at least 1 Tribal public health official representing departments of public health; (4) 1 or more representatives of community-based organizations that address adverse maternal health outcomes with a specific focus on racial and ethnic inequities in maternal health outcomes, with special consideration given to representatives of such organizations that are led by a person of color or from communities with significant minority populations; (5) a professionally diverse panel of maternity care providers and perinatal health workers; (6) 1 or more patients who were pregnant or gave birth during the COVID–19 public health emergency; (7) 1 or more patients who contracted COVID–19 and later gave birth; (8) 1 or more patients who have received support from a perinatal health worker; and (9) racially and ethnically diverse representation from at least 3 independent experts with knowledge or field experience with racial and ethnic disparities in public health, women’s health, or maternal mortality and severe maternal morbidity. 6. Definitions In this Act: (1) Culturally and linguistically congruent The term culturally and linguistically congruent (2) Maternal mortality The term maternal mortality (3) Perinatal health worker The term perinatal health worker (4) Postpartum and postpartum period The terms postpartum postpartum period (5) Public health emergency The term public health emergency 42 U.S.C. 247d (6) Racial and ethnic minority group The term racial and ethnic minority group 42 U.S.C. 300u–6(g)(1) (7) Respectful maternity care The term respectful maternity care (A) is culturally and linguistically congruent; (B) maintains their dignity, privacy, and confidentiality; (C) ensures freedom from harm and mistreatment; and (D) enables informed choice and continuous support. (8) Secretary The term Secretary (9) Severe maternal morbidity The term severe maternal morbidity
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Maternal Health Pandemic Response Act
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Black Maternal Health Momnibus Act This bill directs multi-agency efforts to improve maternal health with a particular focus on racial and ethnic minority groups, veterans, and other vulnerable populations. The Department of Health and Human Services (HHS) must address the social determinants of maternal health (i.e., child care, housing, and other nonmedical factors that affect health outcomes). HHS and other departments must also carry out other actions to increase access to maternal health care and otherwise improve maternal health, such as growing and diversifying the maternal health workforce; establishing various grants and other programs, including ones related to maternal health disparities and maternal behavioral health; testing alternative payment models for perinatal care in Medicaid and the Children's Health Insurance Program (CHIP); addressing maternal health during public health emergencies; and supporting training, technology, and telehealth initiatives. The bill further provides for extended postpartum and breastfeeding eligibility for the Special Supplemental Nutrition Program for Women, Infants, and Children; increased research and data collection on maternal health indicators; activities to mitigate adverse maternal health outcomes associated with climate change; and expanded public education to improve maternal vaccination rates. The bill also addresses maternal health for incarcerated populations. For example, it (1) requires the Bureau of Prisons and the Department of Justice to establish programs to improve maternity care; and (2) reduces grants for criminal justice activities unless the recipient state or territory has a law to limit the use of restraints during pregnancy for incarcerated populations.
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118 S1606 IS: Black Maternal Health Momnibus Act U.S. Senate 2023-05-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1606 IN THE SENATE OF THE UNITED STATES May 15, 2023 Mr. Booker Ms. Warren Mr. Warnock Mr. Merkley Mr. Schatz Mr. Casey Mr. Sanders Mr. Van Hollen Mr. Padilla Mr. Menendez Mrs. Gillibrand Mr. Cardin Mr. Heinrich Ms. Klobuchar Mr. Welch Mr. Bennet Ms. Baldwin Ms. Smith Mr. Markey Ms. Stabenow Mr. Durbin Ms. Duckworth Mr. Fetterman Ms. Hirono Mr. Kaine Mr. Blumenthal Mr. Brown Ms. Cortez Masto Committee on Health, Education, Labor, and Pensions A BILL To end preventable maternal mortality, severe maternal morbidity, and maternal health disparities in the United States, and for other purposes. 1. Short title This Act may be cited as the Black Maternal Health Momnibus Act 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. Sense of Congress. TITLE I—Social Determinants for Moms Sec. 101. Task force to address the United States maternal health crisis. Sec. 102. Sustained funding to address social determinants of maternal health. TITLE II—Extending WIC for New Moms Sec. 201. Extending WIC eligibility for new moms. TITLE III—Honoring Kira Johnson Sec. 301. Sustained funding for community-based organizations to advance maternal health equity. Sec. 302. Respectful maternity care training for all employees in maternity care settings. Sec. 303. Study on reducing and preventing bias, racism, and discrimination in maternity care settings. Sec. 304. Respectful maternity care compliance program. Sec. 305. GAO report. TITLE IV—Maternal health for veterans Sec. 401. Support for maternity health care and coordination programs of the Department of Veterans Affairs. TITLE V—Perinatal workforce Sec. 501. HHS agency directives. Sec. 502. Grants to grow and diversify the perinatal workforce. Sec. 503. Grants to grow and diversify the nursing workforce in maternal and perinatal health. Sec. 504. GAO report. Sec. 505. Definitions. TITLE VI—Data to save moms Sec. 601. Funding for maternal mortality review committees to promote representative community engagement. Sec. 602. Data collection and review. Sec. 603. Review of maternal health data collection processes and quality measures. Sec. 604. Study on maternal health among American Indian and Alaska Native individuals. Sec. 605. Grants to minority-serving institutions to study maternal mortality, severe maternal morbidity, and other adverse maternal health outcomes. TITLE VII—Moms matter Sec. 701. Maternal mental health equity grant program. Sec. 702. Grants to grow and diversify the maternal mental and behavioral health care workforce. TITLE VIII—Justice for incarcerated moms Sec. 801. Ending the shackling of pregnant individuals. Sec. 802. Creating model programs for the care of incarcerated individuals in the prenatal and postpartum periods. Sec. 803. Grant program to improve maternal health outcomes for individuals in State and local prisons and jails. Sec. 804. GAO report. TITLE IX—Tech to save moms Sec. 901. Integrated telehealth models in maternity care services. Sec. 902. Grants to expand the use of technology-enabled collaborative learning and capacity models for pregnant and postpartum individuals. Sec. 903. Grants to promote equity in maternal health outcomes through digital tools. Sec. 904. Report on the use of technology in maternity care. TITLE X—Impact to save moms Sec. 1001. Perinatal Care Alternative Payment Model Demonstration Project. TITLE XI—Maternal health pandemic response Sec. 1101. Definitions. Sec. 1102. Funding for data collection, surveillance, and research on maternal health outcomes during public health emergencies. Sec. 1103. Public health emergency maternal health data collection and disclosure. Sec. 1104. Public health communication regarding maternal care during public health emergencies. Sec. 1105. Task force on birthing experience and safe, respectful, responsive, and empowering maternity care during public health emergencies. TITLE XII—Protecting moms and babies against climate change Sec. 1201. Definitions. Sec. 1202. Grant program to protect vulnerable mothers and babies from climate change risks. Sec. 1203. Grant program for education and training at health profession schools. Sec. 1204. NIH Consortium on Birth and Climate Change Research. Sec. 1205. Strategy for identifying climate change risk zones for vulnerable mothers and babies. TITLE XIII—Maternal vaccinations Sec. 1301. Maternal vaccination awareness and equity campaign. 3. Definitions In this Act: (1) Culturally and linguistically congruent The term culturally and linguistically congruent (2) Maternal mortality The term maternal mortality (3) Maternity care provider The term maternity care provider (A) is a physician, a physician assistant, a midwife who meets, at a minimum, the international definition of a midwife and global standards for midwifery education as established by the International Confederation of Midwives, an advanced practice registered nurse, or a lactation consultant certified by the International Board of Lactation Consultant Examiners; and (B) has a focus on maternal or perinatal health. (4) Perinatal health worker The term perinatal health worker (5) Postpartum and postpartum period The terms postpartum postpartum period (6) Pregnancy-associated death The term pregnancy-associated death (7) Pregnancy-related death The term pregnancy-related death (8) Racial and ethnic minority group The term racial and ethnic minority group 42 U.S.C. 300u–6(g)(1) (9) Severe maternal morbidity The term severe maternal morbidity (10) Social determinants of maternal health defined The term social determinants of maternal health 4. Sense of Congress It is the sense of Congress that— (1) the respect and proper care that birthing people deserve is inclusive; and (2) regardless of race, ethnicity, gender identity, sexual orientation, religion, marital status, primary language, familial status, socioeconomic status, immigration status, incarceration status, or disability, all deserve dignity. I Social Determinants for Moms 101. Task force to address the United States maternal health crisis (a) In general The Secretary of Health and Human Services shall convene a task force (in this section referred to as the Task Force (b) Ex officio members The ex officio members of the Task Force shall consist of the following: (1) The Secretary of Health and Human Services (or a designee thereof). (2) The Secretary of Housing and Urban Development (or a designee thereof). (3) The Secretary of Transportation (or a designee thereof). (4) The Secretary of Agriculture (or a designee thereof). (5) The Secretary of Labor (or a designee thereof). (6) The Administrator of the Environmental Protection Agency (or a designee thereof). (7) The Assistant Secretary for the Administration for Children and Families (or a designee thereof). (8) The Administrator of the Centers for Medicare & Medicaid Services (or a designee thereof). (9) The Director of the Indian Health Service (or a designee thereof). (10) The Director of the National Institutes of Health (or a designee thereof). (11) The Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development (or a designee thereof). (12) The Administrator of the Health Resources and Services Administration (or a designee thereof). (13) The Deputy Assistant Secretary for Minority Health of the Department of Health and Human Services (or a designee thereof). (14) The Deputy Assistant Secretary for Women’s Health of the Department of Health and Human Services (or a designee thereof). (15) The Director of the Centers for Disease Control and Prevention (or a designee thereof). (16) The Director of the Office on Violence Against Women at the Department of Justice (or a designee thereof). (c) Appointed members In addition to the ex officio members of the Task Force, the Secretary of Health and Human Services may appoint the following members of the Task Force: (1) Representatives of patients, to include— (A) a representative of patients who have suffered from severe maternal morbidity; or (B) a representative of patients who is a family member of an individual who suffered a pregnancy-related death. (2) Leaders of community-based organizations that address maternal mortality, severe maternal morbidity, and maternal health with a specific focus on racial and ethnic disparities. In appointing such leaders under this paragraph, the Secretary of Health and Human Services shall give priority to individuals who are leaders of organizations led by individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (3) Perinatal health workers. (4) A professionally and geographically diverse panel of maternity care providers. (5) Other maternal health stakeholders outside of the Federal Government with expertise in maternal health, including social determinants of maternal health. (d) Chair The Secretary of Health and Human Services shall select the chair of the Task Force from among the members of the Task Force. (e) Topics In developing strategies coordinating efforts between Federal agencies and other stakeholders to eliminate preventable maternal mortality, severe maternal morbidity, and maternal health disparities in the United States under this section, the Task Force may address topics such as— (1) addressing barriers that prevent individuals from attending prenatal and postpartum appointments, accessing maternal health care services, or accessing services and resources related to social determinants of maternal health; (2) increasing access to safe, stable, affordable, and adequate housing for pregnant and postpartum individuals and their families; (3) delivering healthy food, infant formula, clean water, diapers, or other perinatal necessities to pregnant and postpartum individuals located in areas that are food deserts; (4) addressing the impacts of water and air quality, exposure to extreme temperatures, environmental chemicals, environmental risks in the workplace and the home, and pollution levels, on maternal and infant health outcomes; (5) offering free and accessible drop-in childcare services during prenatal and postpartum appointments; (6) addressing the clinical and nonclinical needs of postpartum individuals and their families for the duration of the postpartum period; (7) engaging with nongovernmental entities to address social determinants of maternal health, including through public-private partnerships; (8) addressing the impact of domestic or intimate partner violence on maternal health outcomes; and (9) other topics determined by the chair of the Task Force. (f) Report Not later than 2 years after the date of enactment of this Act, and every year thereafter, the Task Force shall submit to Congress and make publicly available on the website of the Department of Health and Human Services a report— (1) describing the Task Force’s efforts to develop strategies and coordinate efforts between Federal agencies and other stakeholders to eliminate preventable maternal mortality, severe maternal morbidity, and maternal health disparities in the United States; (2) providing an overview of actions taken by each member of the Task Force listed under subsection (b) to eliminate preventable maternal mortality, severe maternal morbidity, and maternal health disparities in the United States; (3) providing recommendations on Federal funding amounts and authorities needed to implement strategies developed by the Task Force to eliminate preventable maternal mortality, severe maternal morbidity, and maternal health disparities in the United States; (4) providing recommendations on actions that stakeholders outside of the Federal Government can take to eliminate preventable maternal mortality, severe maternal morbidity, and maternal health disparities in the United States; and (5) addressing other topics as determined by the chair of the Task Force. (g) Termination Section 1013 of title 5, United States Code, shall not apply to the Task Force with respect to termination. 102. Sustained funding to address social determinants of maternal health (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary (b) Eligible entities In this section, the term eligible entity (1) a community-based organization, Indian Tribe or Tribal organization, or Urban Indian organization; (2) a public health department or nonprofit organization working with an entity listed in paragraph (1); or (3) a consortium of entities listed in paragraph (1) or (2) that includes at minimum one entity listed in paragraph (1). (c) Application To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may provide. (d) Prioritization In awarding grants under subsection (a), the Secretary shall give priority to an eligible entity that is operating in an area with— (1) high rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; and (2) a high poverty rate. (e) Activities An eligible entity that receives a grant under this section may use the grant to address social determinants of maternal health such as— (1) housing; (2) transportation; (3) nutrition; (4) employment, workplace conditions, and other economic factors; (5) environmental conditions; (6) intimate partner violence; and (7) other nonclinical factors that impact maternal health outcomes. (f) Technical assistance The Secretary shall provide to grant recipients under this section technical assistance to plan for sustaining programs to address social determinants of maternal health after the period of the grant. (g) Reporting (1) Grantees Not later than 1 year after an eligible entity first receives a grant under this section, and annually thereafter, an eligible entity shall submit to the Secretary, and make publicly available, a report on the status of activities conducted using the grant. Each such report shall include data on the effects of such activities, disaggregated by race, ethnicity, gender, primary language, geography, socioeconomic status, and other relevant factors. (2) Secretary Not later than the end of fiscal year 2028, the Secretary shall submit to Congress a report that includes— (A) a summary of the reports under paragraph (1); and (B) recommendations for future Federal grant allocations to address social determinants of maternal health. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2024 through 2028. II Extending WIC for New Moms 201. Extending WIC eligibility for new moms (a) Extension of postpartum period Section 17(b)(10) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b)(10) six months 24 months (b) Extension of breastfeeding period Section 17(d)(3)(A)(ii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A)(ii) 1 year 24 months (c) Report Not later than 2 years after the date of the enactment of this section, the Secretary shall submit to Congress a report that includes an evaluation of the effect of each of the amendments made by this section on— (1) maternal and infant health outcomes, including racial and ethnic disparities with respect to such outcomes; (2) breastfeeding rates among postpartum individuals; (3) qualitative evaluations of family experiences under the special supplemental nutrition program under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 (4) other relevant information as determined by the Secretary. III Honoring Kira Johnson 301. Sustained funding for community-based organizations to advance maternal health equity (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary (b) Timing Following the 1-year period described in subsection (d), the Secretary shall commence awarding the grants authorized by subsection (a). (c) Eligible entities To be eligible to seek a grant under this section, an entity shall be a community-based organization offering programs and resources aligned with evidence-based practices for improving maternal health outcomes for demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (d) Outreach and technical assistance period During the 1-year period beginning on the date of enactment of this Act, the Secretary shall— (1) conduct outreach to encourage eligible entities to apply for grants under this section; and (2) provide technical assistance to eligible entities on best practices for applying for grants under this section. (e) Special consideration (1) Outreach In conducting outreach under subsection (d), the Secretary shall give special consideration to eligible entities that— (A) are based in, and provide support for, communities with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes, to the extent such data are available; (B) are led by individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; and (C) offer programs and resources that are aligned with evidence-based practices for improving maternal health outcomes for individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (2) Awards In awarding grants under this section, the Secretary shall give special consideration to eligible entities that— (A) are described in subparagraphs (A), (B), and (C) of paragraph (1); (B) offer programs and resources designed in consultation with and intended for individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (C) offer programs and resources in the communities in which the respective eligible entities are located that— (i) promote maternal mental health and maternal substance use disorder treatments and supports that are aligned with evidence-based practices for improving maternal mental and behavioral health outcomes for individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (ii) address social determinants of maternal health; (iii) promote evidence-based health literacy and pregnancy, childbirth, and parenting education; (iv) provide support from perinatal health workers; (v) provide culturally and linguistically congruent training to perinatal health workers; (vi) conduct or support research on maternal health issues disproportionately impacting individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (vii) offer group prenatal care or group postpartum care; (viii) coordinate mutual aid efforts during infant formula shortages, including community milk depots, donor human milk banks and exchanges, and forums for community outreach and education; (ix) provide support to individuals or family members of individuals who suffered a pregnancy loss, pregnancy-associated death, or pregnancy-related death; or (x) operate midwifery practices that provide culturally and linguistically congruent maternal health care and support, including for the purposes of— (I) supporting additional education, training, and certification programs, including support for distance learning; (II) providing financial support to current and future midwives to address education costs, debts, and other needs; (III) clinical site investments; (IV) supporting preceptor development trainings; (V) expanding the midwifery practice; or (VI) related needs identified by the midwifery practice and described in the practice’s application; and (D) have developed other programs and resources that address community-specific needs for pregnant and postpartum individuals and are aligned with evidence-based practices for improving maternal health outcomes for individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (f) Technical assistance The Secretary shall provide to grant recipients under this section technical assistance on— (1) capacity building to establish or expand programs to advance maternal health equity; (2) best practices in data collection, measurement, evaluation, and reporting; and (3) planning for sustaining programs to advance maternal health equity after the period of the grant. (g) Evaluation Not later than the end of fiscal year 2028, the Secretary shall submit to the Congress an evaluation of the grant program under this section that— (1) assesses the effectiveness of outreach efforts during the application process in diversifying the pool of grant recipients; (2) makes recommendations for future outreach efforts to diversify the pool of grant recipients for Department of Health and Human Services grant programs and funding opportunities related to maternal health; (3) assesses the effectiveness of programs funded by grants under this section in improving maternal health outcomes for individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes, to the extent practicable; and (4) makes recommendations for future Department of Health and Human Services grant programs and funding opportunities that deliver funding to community-based organizations that provide programs and resources that are aligned with evidence-based practices for improving maternal health outcomes for individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (h) Authorization of appropriations To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2028. 302. Respectful maternity care training for all employees in maternity care settings Part B of title VII of the Public Health Service Act ( 42 U.S.C. 293 et seq. 742. Respectful maternity care training for all employees in maternity care settings (a) Grants The Secretary shall award grants for programs to reduce and prevent bias, racism, and discrimination in maternity care settings and to advance respectful, culturally and linguistically congruent, trauma-informed care. (b) Special consideration In awarding grants under subsection (a), the Secretary shall give special consideration to applications for programs that would— (1) apply to all maternity care providers and any employees who interact with pregnant and postpartum individuals in the provider setting, including front desk employees, sonographers, schedulers, health care professionals, hospital or health system administrators, security staff, and other employees; (2) emphasize periodic, as opposed to one-time, trainings for all birthing professionals and employees described in paragraph (1); (3) address implicit bias, racism, and cultural humility; (4) be delivered in ongoing education settings for providers maintaining their licenses, with a preference for trainings that provide continuing education units; (5) include trauma-informed care best practices and an emphasis on shared decision making between providers and patients; (6) include antiracism training and programs; (7) be delivered in undergraduate programs that funnel into health professions schools; (8) be delivered in settings that apply to providers of the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966; (9) integrate bias training in obstetric emergency simulation trainings or related trainings; (10) include training for emergency department employees and emergency medical technicians on recognizing warning signs for severe pregnancy-related complications; (11) offer training to all maternity care providers on the value of racially, ethnically, and professionally diverse maternity care teams to provide culturally and linguistically congruent care; or (12) be based on one or more programs designed by a historically Black college or university or other minority-serving institution. (c) Application To seek a grant under subsection (a), an entity shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (d) Reporting Each recipient of a grant under this section shall annually submit to the Secretary a report on the status of activities conducted using the grant, including, as applicable, a description of the impact of training provided through the grant on patient outcomes and patient experience for pregnant and postpartum individuals from racial and ethnic minority groups and their families. (e) Best practices Based on the annual reports submitted pursuant to subsection (d), the Secretary— (1) shall produce an annual report on the findings resulting from programs funded through this section; (2) shall disseminate such report to all recipients of grants under this section and to the public; and (3) may include in such report findings on best practices for improving patient outcomes and patient experience for pregnant and postpartum individuals from racial and ethnic minority groups and their families in maternity care settings. (f) Definitions In this section: (1) The term postpartum (2) The term culturally and linguistically congruent (3) The term racial and ethnic minority group (g) Authorization of appropriations To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2024 through 2028. . 303. Study on reducing and preventing bias, racism, and discrimination in maternity care settings (a) In general The Secretary of Health and Human Services shall seek to enter into an agreement, not later than 90 days after the date of enactment of this Act, with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the National Academies (1) conduct a study on the design and implementation of programs to reduce and prevent bias, racism, and discrimination in maternity care settings and to advance respectful, culturally and linguistically congruent, trauma-informed care; and (2) not later than 24 months after the date of enactment of this Act— (A) complete the study; and (B) transmit a report on the results of the study to the Congress. (b) Possible topics The agreement entered into pursuant to subsection (a) may provide for the study of any of the following: (1) The development of a scorecard or other evaluation standards for programs designed to reduce and prevent bias, racism, and discrimination in maternity care settings to assess the effectiveness of such programs in improving patient outcomes and patient experience for pregnant and postpartum individuals from racial and ethnic minority groups and their families. (2) Determination of the types and frequency of training to reduce and prevent bias, racism, and discrimination in maternity care settings that are demonstrated to improve patient outcomes or patient experience for pregnant and postpartum individuals from racial and ethnic minority groups and their families. 304. Respectful maternity care compliance program (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Program requirements A respectful maternity care compliance program funded through a grant under this section shall— (1) institutionalize mechanisms to allow patients receiving maternity care services, the families of such patients, or perinatal health workers supporting such patients to report instances of racism or evidence of bias on the basis of race, ethnicity, or another protected class; (2) institutionalize response mechanisms through which representatives of the program can directly follow up with the patient, if possible, and the patient’s family in a timely manner; (3) prepare and make publicly available a hospital- or health system-wide strategy to reduce bias on the basis of race, ethnicity, or another protected class in the delivery of maternity care that includes— (A) information on the training programs to reduce and prevent bias, racism, and discrimination on the basis of race, ethnicity, or another protected class for all employees in maternity care settings; (B) information on the number of cases reported to the compliance program; and (C) the development of methods to routinely assess the extent to which bias, racism, or discrimination on the basis of race, ethnicity, or another protected class is present in the delivery of maternity care to patients from racial and ethnic minority groups; (4) develop mechanisms to routinely collect and publicly report hospital-level data related to patient-reported experience of care; and (5) provide annual reports to the Secretary with information about each case reported to the compliance program over the course of the year containing such information as the Secretary may require, such as— (A) deidentified demographic information on the patient in the case, such as race, ethnicity, gender identity, and primary language; (B) the content of the report from the patient or the family of the patient to the compliance program; (C) the response from the compliance program; and (D) to the extent applicable, institutional changes made as a result of the case. (c) Secretary requirements (1) Processes Not later than 180 days after the date of enactment of this Act, the Secretary shall establish processes for— (A) disseminating best practices for establishing and implementing a respectful maternity care compliance program within a hospital or other birth setting; (B) promoting coordination and collaboration between hospitals, health systems, and other maternity care delivery settings on the establishment and implementation of respectful maternity care compliance programs; and (C) evaluating the effectiveness of respectful maternity care compliance programs on maternal health outcomes and patient and family experiences, especially for patients from racial and ethnic minority groups and their families. (2) Study (A) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall, through a contract with an independent research organization, conduct a study on strategies to address— (i) racism or bias on the basis of race, ethnicity, or another protected class in the delivery of maternity care services; and (ii) successful implementation of respectful care initiatives. (B) Components of study The study shall include the following: (i) An assessment of the reports submitted to the Secretary from the respectful maternity care compliance programs pursuant to subsection (b)(5). (ii) Based on such assessment, recommendations for potential accountability mechanisms related to cases of racism or bias on the basis of race, ethnicity, or another protected class in the delivery of maternity care services at hospitals and other birth settings. Such recommendations shall take into consideration medical and nonmedical factors that contribute to adverse patient experiences and maternal health outcomes. (C) Report The Secretary shall submit to the Congress and make publicly available a report on the results of the study under this paragraph. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2024 through 2029. 305. GAO report (a) In general Not later than 2 years after the date of enactment of this Act and annually thereafter, the Comptroller General of the United States shall submit to the Congress and make publicly available a report on the establishment of respectful maternity care compliance programs within hospitals, health systems, and other maternity care settings. (b) Matters included The report under subsection (a) shall include the following: (1) Information regarding the extent to which hospitals, health systems, and other maternity care settings have elected to establish respectful maternity care compliance programs, including— (A) which hospitals and other birth settings elect to establish compliance programs and when such programs are established; (B) to the extent practicable, impacts of the establishment of such programs on maternal health outcomes and patient and family experiences in the hospitals and other birth settings that have established such programs, especially for patients from racial and ethnic minority groups and their families; (C) information on geographic areas, and types of hospitals or other birth settings, where respectful maternity care compliance programs are not being established and information on factors contributing to decisions to not establish such programs; and (D) recommendations for establishing respectful maternity care compliance programs in geographic areas, and types of hospitals or other birth settings, where such programs are not being established. (2) Whether the funding made available to carry out this section has been sufficient and, if applicable, recommendations for additional appropriations to carry out this section. (3) Such other information as the Comptroller General determines appropriate. IV Maternal health for veterans 401. Support for maternity health care and coordination programs of the Department of Veterans Affairs (a) Report to Congress Not later than 1 year after the date of the enactment of this Act, and annually thereafter until September 30, 2028, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives, and make publicly available, a report that contains the following: (1) A summary of the activities carried out under the programs of the Department of Veterans Affairs relating to maternity health care or coordination. (2) Data on maternal health outcomes of veterans who receive care furnished by the Secretary of Veterans Affairs, including pursuant to such programs. (3) Recommendations by the Secretary of Veterans Affairs to improve the maternal health outcomes of veterans, with a particular focus on veterans from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (b) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary of Veterans Affairs $15,000,000 for each of fiscal years 2024, 2025, 2026, 2027, and 2028, for the programs of the Department of Veterans Affairs relating to maternity care coordination and related programs, including the maternity care coordination program described in Veterans Health Administration Directive 1330.03. (2) Supplement not supplant Amounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for maternity health care and coordination for the Department of Veterans Affairs. V Perinatal workforce 501. HHS agency directives (a) Guidance to States (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall issue and disseminate guidance to States to educate providers, managed care entities, and other insurers about the value and process of delivering respectful maternal health care through diverse and multidisciplinary care provider models. (2) Contents The guidance required by paragraph (1) shall address how States can encourage and incentivize hospitals, health systems, midwifery practices, freestanding birth centers, other maternity care provider groups, managed care entities, and other insurers— (A) to recruit and retain maternity care providers, mental and behavioral health care providers acting in accordance with State law, and registered dietitians or nutrition professionals (as such term is defined in section 1861(vv)(2) of the Social Security Act ( 42 U.S.C. 1395x(vv)(2) (i) from racially, ethnically, and linguistically diverse backgrounds; (ii) with experience practicing in racially and ethnically diverse communities; and (iii) who have undergone training on implicit bias and racism; (B) to incorporate into maternity care teams— (i) midwives who meet, at a minimum, the international definition of a midwife and global standards for midwifery education as established by the International Confederation of Midwives; (ii) perinatal health workers; (iii) physician assistants; (iv) advanced practice registered nurses; and (v) lactation consultants certified by the International Board of Lactation Consultant Examiners; (C) to provide collaborative, culturally and linguistically congruent care; and (D) to provide opportunities for individuals enrolled in accredited midwifery education programs to participate in job shadowing with maternity care teams in hospitals, health systems, midwifery practices, and freestanding birth centers. (b) Study on respectful and culturally and linguistically congruent maternity care (1) Study The Secretary of Health and Human Services acting through the Director of the National Institutes of Health (in this subsection referred to as the Secretary (2) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall— (A) complete the study required by paragraph (1); (B) submit to the Congress and make publicly available a report on the results of such study; and (C) include in such report— (i) a compendium of examples of hospitals, health systems, midwifery practices, freestanding birth centers, other maternity care provider groups, managed care entities, and other insurers that are delivering respectful and culturally and linguistically congruent maternal health care; (ii) a compendium of examples of hospitals, health systems, midwifery practices, freestanding birth centers, other maternity care provider groups, managed care entities, and other insurers that have made progress in reducing disparities in maternal health outcomes and improving birthing experiences for pregnant and postpartum individuals from racial and ethnic minority groups; and (iii) recommendations to hospitals, health systems, midwifery practices, freestanding birth centers, other maternity care provider groups, managed care entities, and other insurers, for best practices in respectful and culturally and linguistically congruent maternity care. 502. Grants to grow and diversify the perinatal workforce Title VII of the Public Health Service Act is amended by inserting after section 757 ( 42 U.S.C. 294f 758. Perinatal workforce grants (a) In general The Secretary shall award grants to entities to establish or expand programs described in subsection (b) to grow and diversify the perinatal workforce. (b) Use of funds Recipients of grants under this section shall use the grants to grow and diversify the perinatal workforce by— (1) establishing accredited schools or programs that provide education and training to individuals seeking appropriate licensing and certification as— (A) physician assistants who will complete clinical training in the field of maternal and perinatal health; (B) perinatal health workers; or (C) midwives who meet, at a minimum, the international definition of a midwife and global standards for midwifery education as established by the International Confederation of Midwives; and (2) expanding the capacity of existing accredited schools or programs described in paragraph (1), for the purposes of increasing the number of students enrolled in such accredited schools or programs, such as by awarding scholarships for students (including students from racially, ethnically, and linguistically diverse backgrounds). (c) Prioritization In awarding grants under this section, the Secretary shall give priority to a school or program described in subsection (b) that— (1) has demonstrated a commitment to recruiting and retaining students and faculty from racial and ethnic minority groups; (2) has developed a strategy to recruit and retain a diverse pool of students into the school or program described in subsection (b) that is supported by funds received through the grant, particularly from racial and ethnic minority groups and other underserved populations; (3) has developed a strategy to recruit and retain students who plan to practice in a health professional shortage area designated under section 332; (4) has developed a strategy to recruit and retain students who plan to practice in an area with significant racial and ethnic disparities in maternal health outcomes, to the extent practicable; and (5) includes in the standard curriculum for all students within the school or program described in subsection (b) a bias, racism, or discrimination training program that includes training on implicit bias and racism. (d) Reporting As a condition on receipt of a grant under this section for a school or program described in subsection (b), an entity shall agree to submit to the Secretary an annual report on the activities conducted through the grant, including— (1) the number and demographics of students participating in the school or program; (2) the extent to which students in the school or program are entering careers in— (A) health professional shortage areas designated under section 332; and (B) areas with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes, to the extent such data are available; and (3) whether the school or program has included in the standard curriculum for all students a bias, racism, or discrimination training program that includes explicit and implicit bias, and if so the effectiveness of such training program. (e) Period of grants The period of a grant under this section shall be up to 5 years. (f) Application To seek a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including any information necessary for prioritization under subsection (c). (g) Technical assistance The Secretary shall provide, directly or by contract, technical assistance to entities seeking or receiving a grant under this section on the development, use, evaluation, and postgrant period sustainability of the school or program described in subsection (b) that is proposed to be, or is being, established or expanded through the grant. (h) Report by the Secretary Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the Congress, and post on the internet website of the Department of Health and Human Services, a report on the effectiveness of the grant program under this section at— (1) recruiting students from racial and ethnic minority groups; (2) increasing the number of health professionals described in subparagraphs (A), (B), and (C) of subsection (b)(1) from racial and ethnic minority groups and other underserved populations; (3) increasing the number of such health professionals working in health professional shortage areas designated under section 332; and (4) increasing the number of such health professionals working in areas with significant racial and ethnic disparities in maternal health outcomes, to the extent such data are available. (i) Definition In this section, the term racial and ethnic minority group (j) 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. . 503. Grants to grow and diversify the nursing workforce in maternal and perinatal health Title VIII of the Public Health Service Act is amended by inserting after section 811 of that Act ( 42 U.S.C. 296j 812. Perinatal nursing workforce grants (a) In general The Secretary shall award grants to schools of nursing to grow and diversify the perinatal nursing workforce. (b) Use of funds Recipients of grants under this section shall use the grants to grow and diversify the perinatal nursing workforce by providing scholarships to students seeking to become— (1) nurse practitioners whose education includes a focus on maternal and perinatal health; (2) certified nurse-midwives; or (3) clinical nurse specialists whose education includes a focus on maternal and perinatal health. (c) Prioritization In awarding grants under this section, the Secretary shall give priority to any school of nursing that— (1) has developed a strategy to recruit and retain a diverse pool of students seeking to enter careers focused on maternal and perinatal health, particularly students from racial and ethnic minority groups and other underserved populations; (2) has developed a partnership with a practice setting in a health professional shortage area designated under section 332 for the clinical placements of the school’s students; (3) has developed a strategy to recruit and retain students who plan to practice in an area with significant racial and ethnic disparities in maternal health outcomes, to the extent practicable; and (4) includes in the standard curriculum for all students seeking to enter careers focused on maternal and perinatal health a bias, racism, or discrimination training program that includes education on implicit bias and racism. (d) Reporting As a condition on receipt of a grant under this section, a school of nursing shall agree to submit to the Secretary an annual report on the activities conducted through the grant, including, to the extent practicable— (1) the number and demographics of students in the school of nursing seeking to enter careers focused on maternal and perinatal health; (2) the extent to which such students are preparing to enter careers in— (A) health professional shortage areas designated under section 332; and (B) areas with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes, to the extent such data are available; and (3) whether the standard curriculum for all students seeking to enter careers focused on maternal and perinatal health includes a bias, racism, or discrimination training program that includes education on implicit bias and racism. (e) Period of grants The period of a grant under this section shall be up to 5 years. (f) Application To seek a grant under this section, an entity shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including any information necessary for prioritization under subsection (c). (g) Technical assistance The Secretary shall provide, directly or by contract, technical assistance to schools of nursing seeking or receiving a grant under this section on the processes of awarding and evaluating scholarships through the grant. (h) Report by the Secretary Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the Congress, and post on the internet website of the Department of Health and Human Services, a report on the effectiveness of the grant program under this section at— (1) recruiting students from racial and ethnic minority groups and other underserved populations; (2) increasing the number of advanced practice registered nurses entering careers focused on maternal and perinatal health from racial and ethnic minority groups and other underserved populations; (3) increasing the number of advanced practice registered nurses entering careers focused on maternal and perinatal health working in health professional shortage areas designated under section 332; and (4) increasing the number of advanced practice registered nurses entering careers focused on maternal and perinatal health working in areas with significant racial and ethnic disparities in maternal health outcomes, to the extent such data are available. (i) 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. . 504. GAO report (a) In general Not later than 2 years after the date of enactment of this Act and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report on barriers to maternal health education and access to care in the United States. Such report shall include the information and recommendations described in subsection (b). (b) Content of report The report under subsection (a) shall include— (1) an assessment of current barriers to entering and successfully completing accredited midwifery education programs, and recommendations for addressing such barriers, particularly for low-income women and women from racial and ethnic minority groups; (2) an assessment of current barriers to entering and successfully completing accredited education programs for other health professional careers related to maternity care, including maternity care providers, mental and behavioral health care providers acting in accordance with State law, and registered dietitians or nutrition professionals (as such term is defined in section 1861(vv)(2) of the Social Security Act ( 42 U.S.C. 1395x(vv)(2) (3) an assessment of current barriers that prevent midwives from meeting the international definition of a midwife and global standards for midwifery education as established by the International Confederation of Midwives, and recommendations for addressing such barriers, particularly for low-income women and women from racial and ethnic minority groups; (4) an assessment of disparities in access to maternity care providers, mental or behavioral health care providers acting in accordance with State law, and registered dietitians or nutrition professionals (as such term is defined in section 1861(vv)(2) of the Social Security Act ( 42 U.S.C. 1395x(vv)(2) (5) recommendations to promote greater equity in compensation for perinatal health workers under public and private insurers, particularly for such individuals from racially and ethnically diverse backgrounds. 505. Definitions In this title: (1) Culturally and linguistically congruent The term culturally and linguistically congruent (2) Maternity care provider The term maternity care provider (A) is a physician, physician assistant, midwife who meets at a minimum the international definition of a midwife and global standards for midwifery education as established by the International Confederation of Midwives, advanced practice registered nurse, or a lactation consultant certified by the International Board of Lactation Consultant Examiners; and (B) has a focus on maternal or perinatal health. (3) Perinatal health worker The term perinatal health worker (4) Postpartum The term postpartum (5) Racial and ethnic minority group The term racial and ethnic minority group 42 U.S.C. 300u–6(g)(1) VI Data to save moms 601. Funding for maternal mortality review committees to promote representative community engagement (a) In general Section 317K(d) of the Public Health Service Act ( 42 U.S.C. 247b–12(d) (9) Grants to promote representative community engagement in maternal mortality review committees (A) In general The Secretary may, using funds made available pursuant to subparagraph (C), provide assistance to an applicable maternal mortality review committee of a State, Indian tribe, tribal organization, or Urban Indian organization (as such term is defined in section 4 of the Indian Health Care Improvement Act)— (i) to select for inclusion in the membership of such a committee community members from the State, Indian tribe, tribal organization, or Urban Indian organization by— (I) prioritizing community members who can increase the diversity of the committee’s membership with respect to race and ethnicity, location, personal or family experiences of maternal mortality or severe maternal morbidity, and professional background, including members with nonclinical experiences; and (II) to the extent applicable, using funds reserved under subsection (f), to address barriers to maternal mortality review committee participation for community members, including required training, transportation barriers, compensation, and other supports as may be necessary; (ii) to establish initiatives to conduct outreach and community engagement efforts within communities throughout the State or Indian tribe to seek input from community members on the work of such maternal mortality review committee, with a particular focus on outreach to women from racial and ethnic minority groups (as such term is defined in section 1707(g)(1)); and (iii) to release public reports assessing— (I) the pregnancy-related death and pregnancy-associated death review processes of the maternal mortality review committee, with a particular focus on the maternal mortality review committee’s sensitivity to the unique circumstances of pregnant and postpartum individuals from racial and ethnic minority groups (as such term is defined in section 1707(g)(1)) who have suffered pregnancy-related deaths; and (II) the impact of the use of funds made available pursuant to subparagraph (C) on increasing the diversity of the maternal mortality review committee membership and promoting community engagement efforts throughout the State or Indian tribe. (B) Technical assistance The Secretary shall provide (either directly through the Department of Health and Human Services or by contract) technical assistance to any maternal mortality review committee receiving a grant under this paragraph on best practices for increasing the diversity of the maternal mortality review committee’s membership and for conducting effective community engagement throughout the State or Indian tribe. (C) Authorization of appropriations In addition to any funds made available under subsection (f), there is authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2024 through 2028. . (b) Reservation of funds Section 317K(f) of the Public Health Service Act ( 42 U.S.C. 247b–12(f) Of the amount made available under the preceding sentence for a fiscal year, not less than $1,500,000 shall be reserved for grants to Indian tribes, tribal organizations, or Urban Indian organizations (as such term is defined in section 4 of the Indian Health Care Improvement Act) 602. Data collection and review Section 317K(d)(3)(A)(i) of the Public Health Service Act ( 42 U.S.C. 247b–12(d)(3)(A)(i) (1) by redesignating subclauses (II) and (III) as subclauses (V) and (VI), respectively; and (2) by inserting after subclause (I) the following: (II) to the extent practicable, reviewing cases of severe maternal morbidity, according to the most up-to-date indicators; (III) to the extent practicable, reviewing deaths during pregnancy or up to 1 year after the end of a pregnancy from suicide, overdose, or other death from a mental health condition or substance use disorder attributed to or aggravated by pregnancy or childbirth complications; (IV) to the extent practicable, consulting with local community-based organizations representing pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes to ensure that, in addition to clinical factors, nonclinical factors that might have contributed to a pregnancy-related death are appropriately considered; . 603. Review of maternal health data collection processes and quality measures (a) In general The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services and the Director of the Agency for Healthcare Research and Quality (referred to in this section as the Secretary (1) to review existing maternal health data collection processes and quality measures; and (2) to make recommendations to improve such processes and measures, including topics described under subsection (c). (b) Collaboration In carrying out this section, the Secretary shall consult with a diverse group of maternal health stakeholders, which may include— (1) pregnant and postpartum individuals and their family members, and nonprofit organizations representing such individuals, with a particular focus on patients from racial and ethnic minority groups; (2) community-based organizations that provide support for pregnant and postpartum individuals, with a particular focus on patients from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (3) membership organizations for maternity care providers; (4) organizations representing perinatal health workers; (5) organizations that focus on maternal mental or behavioral health; (6) organizations that focus on intimate partner violence; (7) institutions of higher education, with a particular focus on minority-serving institutions; (8) licensed and accredited hospitals, birth centers, midwifery practices, or other facilities that provide maternal health care services; (9) relevant State and local public agencies, including State maternal mortality review committees; and (10) the National Quality Forum, or such other standard-setting organizations specified by the Secretary. (c) Topics The review of maternal health data collection processes and recommendations to improve such processes and measures required under subsection (a) shall assess all available relevant information, including information from State-level sources, and shall consider at least the following: (1) Current State and Tribal practices for maternal health, maternal mortality, and severe maternal morbidity data collection and dissemination, including consideration of— (A) the timeliness of processes for amending a death certificate when new information pertaining to the death becomes available to reflect whether the death was a pregnancy-related death; (B) relevant data collected with electronic health records, including data on race, ethnicity, primary language, socioeconomic status, geography, insurance type, and other relevant demographic information; (C) maternal health data collected and publicly reported by hospitals, health systems, midwifery practices, and birth centers; (D) the barriers preventing States from correlating maternal outcome data with data on race, ethnicity, and other demographic characteristics; (E) processes for determining the cause of a pregnancy-associated death in States that do not have a maternal mortality review committee; (F) whether maternal mortality review committees include multidisciplinary and diverse membership (as described in section 317K(d)(1)(A) of the Public Health Service Act ( 42 U.S.C. 247b–12(d)(1)(A) (G) whether members of maternal mortality review committees participate in trainings on bias, racism, or discrimination, and the quality of such trainings; (H) the extent to which States have implemented systematic processes of listening to the stories of pregnant and postpartum individuals and their family members, with a particular focus on pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes, and their family members, to fully understand the causes of, and inform potential solutions to, the maternal mortality and severe maternal morbidity crisis within their respective States; (I) the extent to which maternal mortality review committees are considering social determinants of maternal health when examining the causes of pregnancy-associated and pregnancy-related deaths; (J) the extent to which maternal mortality review committees are making actionable recommendations based on their reviews of adverse maternal health outcomes and the extent to which such recommendations are being implemented by appropriate stakeholders; (K) the legal and administrative barriers preventing the collection, collation, and dissemination of State maternity care data; (L) the effectiveness of data collection and reporting processes in separating pregnancy-associated deaths from pregnancy-related deaths; and (M) the current Federal, State, local, and Tribal funding support for the activities referred to in subparagraphs (A) through (L). (2) Whether the funding support referred to in paragraph (1)(M) is adequate for States to carry out optimal data collection and dissemination processes with respect to maternal health, maternal mortality, and severe maternal morbidity. (3) Current quality measures for maternity care, including prenatal measures, labor and delivery measures, and postpartum measures, including topics such as— (A) effective quality measures for maternity care used by hospitals, health systems, midwifery practices, birth centers, health plans, and other relevant entities; (B) the sufficiency of current outcome measures used to evaluate maternity care for driving improved care, experiences, and outcomes in maternity care payment and delivery system models; (C) maternal health quality measures that other countries effectively use; (D) validated measures that have been used for research purposes that could be tested, refined, and submitted for national endorsement; (E) barriers preventing maternity care providers and insurers from implementing quality measures that are aligned with best practices; (F) the frequency with which maternity care quality measures are reviewed and revised; (G) the strengths and weaknesses of the Prenatal and Postpartum Care measures of the Health Plan Employer Data and Information Set measures established by the National Committee for Quality Assurance; (H) the strengths and weaknesses of maternity care quality measures under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 42 U.S.C. 1397 et seq. (I) the extent to which maternity care quality measures are informed by patient experiences that include measures of patient-reported experience of care; (J) the current processes for collecting and making publicly available, to the extent practicable, stratified data on race, ethnicity, and other demographic characteristics of pregnant and postpartum individuals in hospitals, health systems, midwifery practices, and birth centers, and for incorporating such demographically stratified data in maternity care quality measures; (K) the extent to which maternity care quality measures account for the unique experiences of pregnant and postpartum individuals from racial and ethnic minority groups (as such term is defined in section 1707(g)(1) of the Public Health Service Act ( 42 U.S.C. 300u–6(g)(1) (L) the extent to which hospitals, health systems, midwifery practices, and birth centers are implementing existing maternity care quality measures. (4) Recommendations on authorizing additional funds and providing additional technical assistance to improve maternal mortality review committees and State and Tribal maternal health data collection and reporting processes. (5) Recommendations for new authorities that may be granted to maternal mortality review committees to be able to— (A) access records from other Federal and State agencies and departments that may be necessary to identify causes of pregnancy-associated and pregnancy-related deaths that are unique to pregnant and postpartum individuals from specific populations, such as veterans and individuals who are incarcerated; and (B) work with relevant experts who are not members of the maternal mortality review committee to assist in the review of pregnancy-associated deaths of pregnant and postpartum individuals from specific populations, such as veterans and individuals who are incarcerated. (6) Recommendations to improve and standardize current quality measures for maternity care, with a particular focus on maternal health disparities. (7) Recommendations to improve the coordination by the Department of Health and Human Services of the efforts undertaken by the agencies and organizations within the Department related to maternal health data and quality measures. (d) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Congress and make publicly available a report on the results of the review of maternal health data collection processes and quality measures and recommendations to improve such processes and measures required under subsection (a). (e) Definition In this section, the term maternal mortality review committee 42 U.S.C. 247b–12(a)(2)(D) (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2024 through 2027. 604. Study on maternal health among American Indian and Alaska Native individuals (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (1) not later than 90 days after the date of enactment of this Act, enter into a contract with an independent research organization or Tribal Epidemiology Center to conduct a comprehensive study on maternal mortality, severe maternal morbidity, and other adverse perinatal or childbirth outcomes in the populations of American Indian and Alaska Native individuals; and (2) not later than 3 years after the date of enactment of this Act, submit to Congress a report on such study that contains recommendations for policies and practices that can be adopted to improve maternal health outcomes for American Indian and Alaska Native individuals. (b) Participating entities The entities described in this subsection shall consist of 12 members, selected by the Secretary from among individuals nominated by Indian Tribes and Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 25 U.S.C. 1603 (c) Contents of study The study conducted pursuant to subsection (a) shall— (1) examine the causes of maternal mortality and severe maternal morbidity that are unique to American Indian and Alaska Native individuals; (2) include a systematic process of listening to the stories of American Indian and Alaska Native individuals to fully understand the causes of, and inform potential solutions to, the maternal health crisis within their respective communities; (3) distinguish between the causes of, landscape of maternity care at, and recommendations to improve maternal health outcomes within, the different settings in which American Indian and Alaska Native individuals receive maternity care, such as— (A) facilities operated by the Indian Health Service; (B) an Indian health program operated by an Indian Tribe or Tribal organization pursuant to a contract, grant, cooperative agreement, or compact with the Indian Health Service pursuant to the Indian Self-Determination Act; (C) an urban Indian health program operated by an Urban Indian organization pursuant to a grant or contract with the Indian Health Service pursuant to title V of the Indian Health Care Improvement Act; and (D) facilities outside of the Indian Health Service in which American Indian and Alaska Native individuals receive maternity care services; (4) review processes for coordinating programs of the Indian Health Service with social services provided through other programs administered by the Secretary (other than the Medicare Program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 42 U.S.C. 1396 et seq. 42 U.S.C. 1397 et seq. (5) review current data collection and quality measurement processes and practices; (6) assess causes and frequency of maternal mental health conditions and substance use disorders; (7) consider social determinants of health, including poverty, lack of health insurance, unemployment, sexual and domestic violence, and environmental conditions in Tribal areas; (8) consider the role that historical mistreatment of American Indian and Alaska Native women has played in causing currently elevated rates of maternal mortality, severe maternal morbidity, and other adverse perinatal or childbirth outcomes; (9) consider how current funding of the Indian Health Service affects the ability of the Service to deliver quality maternity care; (10) consider the extent to which the delivery of maternity care services is culturally appropriate for American Indian and Alaska Native individuals; (11) make recommendations to reduce misclassification of American Indian and Alaska Native individuals, including consideration of best practices in training for maternal mortality review committee members to be able to correctly classify American Indian and Alaska Native individuals; and (12) make recommendations informed by the stories shared by American Indian and Alaska Native individuals referred to in paragraph (2) to improve maternal health outcomes for such individuals. (d) Report The agreement entered into under subsection (a) with an independent research organization or Tribal Epidemiology Center shall require that the organization or Center transmit to Congress a report on the results of the study conducted pursuant to that agreement not later than 36 months after the date of enactment of this Act. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2024 through 2026. 605. Grants to minority-serving institutions to study maternal mortality, severe maternal morbidity, and other adverse maternal health outcomes (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary (1) include the development and implementation of systematic processes of listening to the stories of pregnant and postpartum individuals from racial and ethnic minority groups, and perinatal health workers supporting such individuals, to fully understand the causes of, and inform potential solutions to, the maternal mortality and severe maternal morbidity crisis within their respective communities; (2) assess the potential causes of relatively low rates of maternal mortality among Hispanic individuals, including potential racial misclassification and other data collection and reporting issues that might be misrepresenting maternal mortality rates among Hispanic individuals in the United States; (3) assess differences in rates of adverse maternal health outcomes among subgroups identifying as Hispanic, including disparities in access to early prenatal care; and (4) include lactation education to promote racial and ethnic diversity within the workforce of health care professionals with breastfeeding and lactation expertise. (b) Application To be eligible to receive a grant under subsection (a), an entity described in such subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Technical assistance The Secretary may use not more than 10 percent of the funds made available under subsection (g)— (1) to conduct outreach to minority-serving institutions to raise awareness of the availability of grants under subsection (a); (2) to provide technical assistance in the application process for such a grant; and (3) to promote capacity building as needed to enable entities described in such subsection to submit such an application. (d) Reporting requirement Each entity awarded a grant under this section shall periodically submit to the Secretary a report on the status of activities conducted using the grant. (e) Evaluation Beginning 1 year after the date on which the first grant is awarded under this section, the Secretary shall submit to Congress an annual report summarizing the findings of research conducted using funds made available under this section. (f) Minority-Serving institutions defined In this section, the term minority-serving institution 20 U.S.C. 1067q(a) (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2028. VII Moms matter 701. Maternal mental health equity grant program (a) In general The Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall establish a program to award grants to eligible entities to address maternal mental health conditions and substance use disorders, with a focus on demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (b) Application To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Priority In awarding grants under this section, the Secretary shall give priority to an eligible entity that— (1) is, or will partner with, a community-based organization to address maternal mental health conditions and substance use disorders described in subsection (a); (2) is operating in an area with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; and (3) is operating in a health professional shortage area designated under section 332 of the Public Health Service Act ( 42 U.S.C. 254e (d) Use of funds An eligible entity that receives a grant under this section shall use the grant for the following: (1) Establishing or expanding maternity care programs to improve the integration of maternal mental health and behavioral health care services into primary care settings where pregnant individuals regularly receive health care services. (2) Establishing or expanding group prenatal care programs or postpartum care programs. (3) Expanding existing programs that improve maternal mental and behavioral health during the prenatal and postpartum periods, with a focus on individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (4) Providing services and support for pregnant and postpartum individuals with maternal mental health conditions and substance use disorders, including referrals to addiction treatment centers that offer evidence-based treatment options. (5) Addressing stigma associated with maternal mental health conditions and substance use disorders, with a focus on individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (6) Raising awareness of warning signs of maternal mental health conditions and substance use disorders, with a focus on pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (7) Establishing or expanding programs to prevent suicide or self-harm among pregnant and postpartum individuals. (8) Offering evidence-aligned programs at freestanding birth centers that provide maternal mental and behavioral health care education, treatments, and services, and other services for individuals throughout the prenatal and postpartum period. (9) Establishing or expanding programs to provide education and training to maternity care providers with respect to— (A) identifying potential warning signs for maternal mental health conditions or substance use disorders in pregnant and postpartum individuals, with a focus on individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; and (B) in the case where such providers identify such warning signs, offering referrals to mental and behavioral health care professionals. (10) Developing a website, or other source, that includes information on health care providers who treat maternal mental health conditions and substance use disorders. (11) Establishing or expanding programs in communities to improve coordination between maternity care providers and mental and behavioral health care providers who treat maternal mental health conditions and substance use disorders, including through the use of toll-free hotlines. (12) Carrying out other programs aligned with evidence-based practices for addressing maternal mental health conditions and substance use disorders for pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (e) Reporting (1) Eligible entities An eligible entity that receives a grant under subsection (a) shall submit annually to the Secretary, and make publicly available, a report on the activities conducted using funds received through a grant under this section. Such reports shall include quantitative and qualitative evaluations of such activities, including the experience of individuals who received health care through such grant. (2) Secretary Not later than the end of fiscal year 2027, the Secretary shall submit to Congress a report that includes— (A) a summary of the reports received under paragraph (1); (B) an evaluation of the effectiveness of grants awarded under this section; (C) recommendations with respect to expanding coverage of evidence-based screenings and treatments for maternal mental health conditions and substance use disorders; and (D) recommendations with respect to ensuring activities described under subsection (d) continue after the end of a grant period. (f) Definitions In this section: (1) Eligible entity The term eligible entity (A) a community-based organization serving pregnant and postpartum individuals, including such organizations serving individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (B) a nonprofit or patient advocacy organization with expertise in maternal mental and behavioral health; (C) a maternity care provider; (D) a mental or behavioral health care provider who treats maternal mental health conditions or substance use disorders; (E) a State or local governmental entity, including a State or local public health department; (F) an Indian Tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (G) an Urban Indian organization (as such term is defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 (2) Freestanding birth center The term freestanding birth center 42 U.S.C. 1396d(l) (3) Secretary The term Secretary (g) Authorization of appropriations To carry out this section, there is authorized to be appropriated $25,000,000 for each of fiscal years 2024 through 2027. 702. Grants to grow and diversify the maternal mental and behavioral health care workforce Title VII of the Public Health Service Act is amended by inserting after section 758 of such Act, as added by section 502 of this Act, the following new section: 758A. Maternal mental and behavioral health care workforce grants (a) In general The Secretary may award grants to entities to establish or expand programs described in subsection (b) to grow and diversify the maternal mental and behavioral health care workforce. (b) Use of funds Recipients of grants under this section shall use the grants to grow and diversify the maternal mental and behavioral health care workforce by— (1) establishing schools or programs that provide education and training to individuals seeking appropriate licensing or certification as mental or behavioral health care providers who will specialize in maternal mental health conditions or substance use disorders; or (2) expanding the capacity of existing schools or programs described in paragraph (1), for the purposes of increasing the number of students enrolled in such schools or programs, including by awarding scholarships for students. (c) Prioritization In awarding grants under this section, the Secretary shall give priority to any entity that— (1) has demonstrated a commitment to recruiting and retaining students and faculty from racial and ethnic minority groups; (2) has developed a strategy to recruit and retain a diverse pool of students into the maternal mental or behavioral health care workforce program or school supported by funds received through the grant, particularly from racial and ethnic minority groups and other underserved populations; (3) has developed a strategy to recruit and retain students who plan to practice in a health professional shortage area designated under section 332; (4) has developed a strategy to recruit and retain students who plan to practice in an area with significant maternal health disparities, to the extent practicable; and (5) includes in the standard curriculum for all students within the maternal mental or behavioral health care workforce program or school a bias, racism, or discrimination training program that includes training on implicit bias and racism. (d) Reporting As a condition on receipt of a grant under this section for a maternal mental or behavioral health care workforce program or school, an entity shall agree to submit to the Secretary an annual report on the activities conducted through the grant, including— (1) the number and demographics of students participating in the program or school; (2) the extent to which students in the program or school are entering careers in— (A) health professional shortage areas designated under section 332; and (B) areas with significant maternal health disparities, to the extent such data are available; and (3) whether the program or school has included in the standard curriculum for all students a bias, racism, or discrimination training program that includes training on implicit bias and racism, and if so the effectiveness of such training program. (e) Period of grants The period of a grant under this section shall be up to 5 years. (f) Application To seek a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including any information necessary for prioritization under subsection (c). (g) Technical assistance The Secretary shall provide, directly or by contract, technical assistance to entities seeking or receiving a grant under this section on the development, use, evaluation, and postgrant period sustainability of the maternal mental or behavioral health care workforce programs or schools proposed to be, or being, established or expanded through the grant. (h) Report by the Secretary Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the Congress, and post on the internet website of the Department of Health and Human Services, a report on the effectiveness of the grant program under this section at— (1) recruiting students from racial and ethnic minority groups and other underserved populations; (2) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders from racial and ethnic minority groups and other underserved populations; (3) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders working in health professional shortage areas designated under section 332; and (4) increasing the number of mental or behavioral health care providers specializing in maternal mental health conditions or substance use disorders working in areas with significant maternal health disparities, to the extent such data are available. (i) Definitions In this section: (1) Racial and ethnic minority group The term racial and ethnic minority group (2) Mental or behavioral health care provider The term mental or behavioral health care provider (j) 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. . VIII Justice for incarcerated moms 801. Ending the shackling of pregnant individuals (a) In general Beginning on the date that is 6 months after the date of enactment of this Act, and annually thereafter, in each State that receives a grant under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. Edward Byrne Memorial Justice Assistance Grant Program (b) Reallocation Amounts not allocated to a State for failure to comply with subsection (a) shall be reallocated in accordance with subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. 802. Creating model programs for the care of incarcerated individuals in the prenatal and postpartum periods (a) In general Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Director of the Bureau of Prisons, shall establish, in not fewer than 6 Bureau of Prisons facilities, programs to optimize maternal health outcomes for pregnant and postpartum individuals incarcerated in such facilities. The Attorney General shall establish such programs in consultation with stakeholders such as— (1) relevant community-based organizations, particularly organizations that represent incarcerated and formerly incarcerated individuals and organizations that seek to improve maternal health outcomes for pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (2) relevant organizations representing patients, with a particular focus on patients from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (3) organizations representing maternity care providers and maternal health care education programs; (4) perinatal health workers; and (5) researchers and policy experts in fields related to maternal health care for incarcerated individuals. (b) Start date Each selected facility shall begin facility programs not later than 18 months after the date of enactment of this Act. (c) Facility priority In carrying out subsection (a), the Director shall give priority to a facility based on— (1) the number of pregnant and postpartum individuals incarcerated in such facility and, among such individuals, the number of pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; and (2) the extent to which the leaders of such facility have demonstrated a commitment to developing exemplary programs for pregnant and postpartum individuals incarcerated in such facility. (d) Program duration The programs established under this section shall be for a 5-year period. (e) Programs Bureau of Prisons facilities selected by the Director shall establish programs for pregnant and postpartum incarcerated individuals, and such programs may— (1) provide access to perinatal health workers from pregnancy through the postpartum period; (2) provide access to healthy foods and counseling on nutrition, recommended activity levels, and safety measures throughout pregnancy; (3) train correctional officers to ensure that pregnant incarcerated individuals receive safe and respectful treatment; (4) train medical personnel to ensure that pregnant incarcerated individuals receive trauma-informed, culturally and linguistically congruent care that promotes the health and safety of the pregnant individuals; (5) provide counseling and treatment for individuals who have suffered from— (A) diagnosed mental or behavioral health conditions, including trauma and substance use disorders; (B) trauma or violence, including domestic violence; (C) human immunodeficiency virus; (D) sexual abuse; (E) pregnancy or infant loss; or (F) chronic conditions; (6) provide evidence-based pregnancy and childbirth education, parenting support, and other relevant forms of health literacy; (7) provide clinical education opportunities to maternity care providers in training to expand pathways into maternal health care careers serving incarcerated individuals; (8) offer opportunities for postpartum individuals to maintain contact with the individual’s newborn child to promote bonding, including enhanced visitation policies, access to prison nursery programs, or breastfeeding support; (9) provide reentry assistance, particularly to— (A) ensure access to health insurance coverage and transfer of health records to community providers if an incarcerated individual exits the criminal justice system during such individual’s pregnancy or in the postpartum period; and (B) connect individuals exiting the criminal justice system during pregnancy or in the postpartum period to community-based resources, such as referrals to health care providers, substance use disorder treatments, and social services that address social determinants maternal of health; or (10) establish partnerships with local public entities, private community entities, community-based organizations, Indian Tribes and Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 25 U.S.C. 1603 (A) evidence-based childbirth education or parenting classes; (B) prenatal health coordination; (C) family and individual counseling; (D) evidence-based screenings, education, and, as needed, treatment for mental and behavioral health conditions, including drug and alcohol treatments; (E) family case management services; (F) domestic violence education and prevention; (G) physical and sexual abuse counseling; and (H) programs to address social determinants of health such as employment, housing, education, transportation, and nutrition. (f) Implementation and reporting A selected facility shall be responsible for— (1) implementing programs, which may include the programs described in subsection (e); and (2) not later than 3 years after the date of enactment of this Act, and 6 years after the date of enactment of this Act, reporting results of the programs to the Director, including information describing— (A) relevant quantitative indicators of success in improving the standard of care and health outcomes for pregnant and postpartum incarcerated individuals in the facility, including data stratified by race, ethnicity, sex, gender, primary language, age, geography, disability status, the category of the criminal charge against such individual, rates of pregnancy-related deaths, pregnancy-associated deaths, cases of infant mortality and morbidity, rates of preterm births and low-birthweight births, cases of severe maternal morbidity, cases of violence against pregnant or postpartum individuals, diagnoses of maternal mental or behavioral health conditions, and other such information as appropriate; (B) relevant qualitative and quantitative evaluations from pregnant and postpartum incarcerated individuals who participated in such programs, including measures of patient-reported experience of care; and (C) strategies to sustain such programs after fiscal year 2028 and expand such programs to other facilities. (g) Report Not later than 6 years after the date of enactment of this Act, the Director shall submit to the Attorney General and to the Congress a report describing the results of the programs funded under this section. (h) Oversight Not later than 1 year after the date of enactment of this Act, the Attorney General shall award a contract to an independent organization or independent organizations to conduct oversight of the programs described in subsection (e). (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2028. 803. Grant program to improve maternal health outcomes for individuals in State and local prisons and jails (a) Establishment Not later than 1 year after the date of enactment of this Act, the Attorney General, acting through the Director of the Bureau of Justice Assistance, shall award Justice for Incarcerated Moms grants to States to establish or expand programs in State and local prisons and jails for pregnant and postpartum incarcerated individuals. The Attorney General shall award such grants in consultation with stakeholders such as— (1) relevant community-based organizations, particularly organizations that represent incarcerated and formerly incarcerated individuals and organizations that seek to improve maternal health outcomes for pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (2) relevant organizations representing patients, with a particular focus on patients from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (3) organizations representing maternity care providers and maternal health care education programs; (4) perinatal health workers; and (5) researchers and policy experts in fields related to maternal health care for incarcerated individuals. (b) Applications Each applicant for a grant under this section shall submit to the Director of the Bureau of Justice Assistance an application at such time, in such manner, and containing such information as the Director may require. (c) Use of funds A State that is awarded a grant under this section shall use such grant to establish or expand programs for pregnant and postpartum incarcerated individuals, and such programs may— (1) provide access to perinatal health workers from pregnancy through the postpartum period; (2) provide access to healthy foods and counseling on nutrition, recommended activity levels, and safety measures throughout pregnancy; (3) train correctional officers to ensure that pregnant incarcerated individuals receive safe and respectful treatment; (4) train medical personnel to ensure that pregnant incarcerated individuals receive trauma-informed, culturally and linguistically congruent care that promotes the health and safety of the pregnant individuals; (5) provide counseling and treatment for individuals who have suffered from— (A) diagnosed mental or behavioral health conditions, including trauma and substance use disorders; (B) trauma or violence, including domestic violence; (C) human immunodeficiency virus; (D) sexual abuse; (E) pregnancy or infant loss; or (F) chronic conditions; (6) provide evidence-based pregnancy and childbirth education, parenting support, and other relevant forms of health literacy; (7) provide clinical education opportunities to maternity care providers in training to expand pathways into maternal health care careers serving incarcerated individuals; (8) offer opportunities for postpartum individuals to maintain contact with the individual’s newborn child to promote bonding, including enhanced visitation policies, access to prison nursery programs, or breastfeeding support; (9) provide reentry assistance, particularly to— (A) ensure access to health insurance coverage and transfer of health records to community providers if an incarcerated individual exits the criminal justice system during such individual’s pregnancy or in the postpartum period; and (B) connect individuals exiting the criminal justice system during pregnancy or in the postpartum period to community-based resources, such as referrals to health care providers, substance use disorder treatments, and social services that address social determinants of maternal health; or (10) establish partnerships with local public entities, private community entities, community-based organizations, Indian Tribes and Tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 25 U.S.C. 1603 (A) evidence-based childbirth education or parenting classes; (B) prenatal health coordination; (C) family and individual counseling; (D) evidence-based screenings, education, and, as needed, treatment for mental and behavioral health conditions, including drug and alcohol treatments; (E) family case management services; (F) domestic violence education and prevention; (G) physical and sexual abuse counseling; and (H) programs to address social determinants of health such as employment, housing, education, transportation, and nutrition. (d) Priority In awarding grants under this section, the Director of the Bureau of Justice Assistance shall give priority to applicants based on— (1) the number of pregnant and postpartum individuals incarcerated in the State and, among such individuals, the number of pregnant and postpartum individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; and (2) the extent to which the State has demonstrated a commitment to developing exemplary programs for pregnant and postpartum individuals incarcerated in the prisons and jails in the State. (e) Grant duration A grant awarded under this section shall be for a 5-year period. (f) Implementing and reporting A State that receives a grant under this section shall be responsible for— (1) implementing the program funded by the grant; and (2) not later than 3 years after the date of enactment of this Act, and 6 years after the date of enactment of this Act, reporting results of such program to the Attorney General, including information describing— (A) relevant quantitative indicators of the program’s success in improving the standard of care and health outcomes for pregnant and postpartum incarcerated individuals in the facility, including data stratified by race, ethnicity, sex, gender, primary language, age, geography, disability status, category of the criminal charge against such individual, incidence rates of pregnancy-related deaths, pregnancy-associated deaths, cases of infant mortality and morbidity, rates of preterm births and low-birthweight births, cases of severe maternal morbidity, cases of violence against pregnant or postpartum individuals, diagnoses of maternal mental or behavioral health conditions, and other such information as appropriate; (B) relevant qualitative and quantitative evaluations from pregnant and postpartum incarcerated individuals who participated in such programs, including measures of patient-reported experience of care; and (C) strategies to sustain such programs beyond the duration of the grant and expand such programs to other facilities. (g) Report Not later than 6 years after the date of enactment of this Act, the Attorney General shall submit to the Congress a report describing the results of such grant programs. (h) Oversight Not later than 1 year after the date of enactment of this Act, the Attorney General shall award a contract to an independent organization or independent organizations to conduct oversight of the programs described in subsection (c). (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2028. 804. GAO report (a) In general Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on adverse maternal and infant health outcomes among incarcerated individuals and infants born to such individuals, with a particular focus on racial and ethnic disparities in maternal and infant health outcomes for incarcerated individuals. (b) Contents of report The report described in this section shall include— (1) to the extent practicable— (A) the number of pregnant individuals who are incarcerated in Bureau of Prisons facilities; (B) the number of incarcerated individuals, including those incarcerated in Federal, State, and local correctional facilities, who have experienced a pregnancy-related death, pregnancy-associated death, or the death of an infant in the most recent 10 years of available data; (C) the number of cases of severe maternal morbidity among incarcerated individuals, including those incarcerated in Federal, State, and local detention facilities, in the most recent 10 years of available data; (D) the number of preterm and low-birthweight births of infants born to incarcerated individuals, including those incarcerated in Federal, State, and local correctional facilities, in the most recent 10 years of available data; and (E) statistics on the racial and ethnic disparities in maternal and infant health outcomes and severe maternal morbidity rates among incarcerated individuals, including those incarcerated in Federal, State, and local detention facilities; (2) in the case that the Comptroller General of the United States is unable determine the information required in subparagraphs (A) through (C) of paragraph (1), an assessment of the barriers to determining such information and recommendations for improvements in tracking maternal health outcomes among incarcerated individuals, including those incarcerated in Federal, State, and local detention facilities; (3) the implications of pregnant and postpartum incarcerated individuals being ineligible for medical assistance under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (A) the effects of such ineligibility on maternal health outcomes for pregnant and postpartum incarcerated individuals, with emphasis given to such effects for pregnant and postpartum individuals from racial and ethnic minority groups; and (B) potential implications on maternal health outcomes resulting from temporarily suspending, rather than permanently terminating, such eligibility when a pregnant or postpartum individual is incarcerated; (4) the extent to which Federal, State, and local correctional facilities are holding pregnant and postpartum individuals who test positive for illicit drug use in detention with special conditions, such as additional bond requirements, due to the individual’s drug use, and the effect of such detention policies on maternal and infant health outcomes; (5) causes of adverse maternal health outcomes that are unique to incarcerated individuals, including those incarcerated in Federal, State, and local detention facilities; (6) causes of adverse maternal health outcomes and severe maternal morbidity that are unique to incarcerated individuals from racial and ethnic minority groups; (7) recommendations to reduce maternal mortality and severe maternal morbidity among incarcerated individuals and to address racial and ethnic disparities in maternal health outcomes for incarcerated individuals in Bureau of Prisons facilities and State and local prisons and jails; and (8) such other information as may be appropriate to reduce the occurrence of adverse maternal health outcomes among incarcerated individuals and to address racial and ethnic disparities in maternal health outcomes for such individuals. IX Tech to save moms 901. Integrated telehealth models in maternity care services (a) In general Section 1115A(b)(2)(B) of the Social Security Act ( 42 U.S.C. 1315a(b)(2)(B) (xxviii) Focusing on title XIX, providing for the adoption of and use of telehealth tools that allow for screening, monitoring, and management of common health complications with respect to an individual receiving medical assistance during such individual’s pregnancy and for not more than a 1-year period beginning on the last day of the pregnancy. . (b) Effective date The amendment made by subsection (a) shall take effect 1 year after the date of the enactment of this Act. 902. Grants to expand the use of technology-enabled collaborative learning and capacity models for pregnant and postpartum individuals Title III of the Public Health Service Act is amended by inserting after section 330P ( 42 U.S.C. 254c–22 330Q. Expanding capacity for maternal health outcomes (a) Establishment Beginning not later than 1 year after the date of enactment of this Act, the Secretary shall award grants to eligible entities to evaluate, develop, and expand the use of technology-enabled collaborative learning and capacity building models and improve maternal health outcomes— (1) in health professional shortage areas; (2) in areas with high rates of maternal mortality and severe maternal morbidity; (3) in rural and underserved areas; (4) in areas with significant maternal health disparities; and (5) for medically underserved populations and American Indians and Alaska Natives, including Indian Tribes, Tribal organizations, and Urban Indian organizations. (b) Use of Funds (1) Required uses Recipients of grants under this section shall use the grants to— (A) train maternal health care providers, students, and other similar professionals through models that include— (i) methods to increase safety and health care quality; (ii) implicit bias, racism, and discrimination; (iii) best practices in screening for and, as needed, evaluating and treating maternal mental health conditions and substance use disorders; (iv) training on best practices in maternity care for pregnant and postpartum individuals during public health emergencies; (v) methods to screen for social determinants of maternal health risks in the prenatal and postpartum; and (vi) the use of remote patient monitoring tools for pregnancy-related complications described in section 1115A(b)(2)(B)(xxviii) of the Social Security Act; (B) evaluate and collect information on the effect of such models on— (i) access to and quality of care; (ii) outcomes with respect to the health of an individual; and (iii) the experience of individuals who receive pregnancy-related health care; (C) develop qualitative and quantitative measures to identify best practices for the expansion and use of such models; (D) study the effect of such models on patient outcomes and maternity care providers; and (E) conduct any other activity determined by the Secretary. (2) Permissible uses Recipients of grants under this section may use grants to support— (A) the use and expansion of technology-enabled collaborative learning and capacity building models, including hardware and software that— (i) enables distance learning and technical support; and (ii) supports the secure exchange of electronic health information; and (B) maternity care providers, students, and other similar professionals in the provision of maternity care through such models. (c) Application (1) In general An eligible entity seeking a grant under subsection (a) shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. (2) Assurance An application under paragraph (1) shall include an assurance that such entity shall collect information on and assess the effect of the use of technology-enabled collaborative learning and capacity building models, including with respect to— (A) maternal health outcomes; (B) access to maternal health care services; (C) quality of maternal health care; and (D) retention of maternity care providers serving areas and populations described in subsection (a). (d) Limitations (1) Number The Secretary may not award more than 1 grant under this section. (2) Duration A grant awarded under this section shall be for a 5-year period. (e) Access to broadband In administering grants under this section, the Secretary may coordinate with other agencies to ensure that funding opportunities are available to support access to reliable, high-speed internet for grantees. (f) Technical assistance The Secretary shall provide (either directly or by contract) technical assistance to eligible entities, including recipients of grants under subsection (a), on the development, use, and sustainability of technology-enabled collaborative learning and capacity building models to expand access to maternal health care services provided by such entities, including— (1) in health professional shortage areas; (2) in areas with high rates of maternal mortality and severe maternal morbidity or significant maternal health disparities; (3) in rural and underserved areas; and (4) for medically underserved populations or American Indians and Alaska Natives. (g) Research and evaluation The Secretary, in consultation with experts, shall develop a strategic plan to research and evaluate the evidence for technology-enabled collaborative learning and capacity building models. (h) Reporting (1) Eligible entities An eligible entity that receives a grant under subsection (a) shall submit to the Secretary a report, at such time, in such manner, and containing such information as the Secretary may require. (2) Secretary Not later than 4 years after the date of enactment of this section, the Secretary shall submit to the Congress, and make available on the website of the Department of Health and Human Services, a report that includes— (A) a description of grants awarded under subsection (a) and the purpose and amounts of such grants; (B) a summary of— (i) the evaluations conducted under subsection (b)(1)(B); (ii) any technical assistance provided under subsection (f); and (iii) the activities conducted under subsection (a); and (C) a description of any significant findings with respect to— (i) patient outcomes; and (ii) best practices for expanding, using, or evaluating technology-enabled collaborative learning and capacity building models. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section, $6,000,000 for each of fiscal years 2024 through 2028. (j) Definitions In this section: (1) Eligible entity (A) In general The term eligible entity (i) in health professional shortage areas; (ii) in rural or underserved areas; (iii) in areas with high rates of adverse maternal health outcomes or significant racial and ethnic disparities in maternal health outcomes; and (iv) who are— (I) members of medically underserved populations; or (II) American Indians and Alaska Natives, including Indian Tribes, Tribal organizations, and Urban Indian organizations. (B) Inclusions An eligible entity may include entities that lead, or are capable of leading a technology-enabled collaborative learning and capacity building model. (2) Health professional shortage area The term health professional shortage area (3) Indian Tribe The term Indian Tribe (4) Maternal mortality The term maternal mortality (5) Medically underserved population The term medically underserved population (6) Postpartum The term postpartum (7) Severe maternal morbidity The term severe maternal morbidity (8) Technology-enabled collaborative learning and capacity building model The term technology-enabled collaborative learning and capacity building model (9) Tribal organization The term Tribal organization (10) Urban Indian organization The term Urban Indian organization . 903. Grants to promote equity in maternal health outcomes through digital tools (a) In general Beginning not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary (b) Applications To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Prioritization In awarding grants under this section, the Secretary shall prioritize an eligible entity— (1) in an area with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (2) in a health professional shortage area designated under section 332 of the Public Health Service Act ( 42 U.S.C. 254e (3) that promotes technology that addresses maternal health disparities. (d) Limitations (1) Number The Secretary may award not more than 1 grant under this section. (2) Duration A grant awarded under this section shall be for a 5-year period. (e) Technical assistance The Secretary shall provide technical assistance to an eligible entity on the development, use, evaluation, and postgrant sustainability of digital tools for purposes of promoting equity in maternal health outcomes. (f) Reporting (1) Eligible entities An eligible entity that receives a grant under subsection (a) shall submit to the Secretary a report, at such time, in such manner, and containing such information as the Secretary may require. (2) Secretary Not later than 4 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report that includes— (A) an evaluation on the effectiveness of grants awarded under this section to improve maternal health outcomes, particularly for pregnant and postpartum individuals from racial and ethnic minority groups; (B) recommendations on new grant programs that promote the use of technology to improve such maternal health outcomes; and (C) recommendations with respect to— (i) technology-based privacy and security safeguards in maternal health care; (ii) reimbursement rates for maternal telehealth services; (iii) the use of digital tools to analyze large data sets to identify potential pregnancy-related complications; (iv) barriers that prevent maternity care providers from providing telehealth services across States; (v) the use of consumer digital tools such as mobile phone applications, patient portals, and wearable technologies to improve maternal health outcomes; (vi) barriers that prevent access to telehealth services, including a lack of access to reliable, high-speed internet or electronic devices; (vii) barriers to data sharing between the Special Supplemental Nutrition Program for Women, Infants, and Children program and maternity care providers, and recommendations for addressing such barriers; and (viii) lessons learned from expanded access to telehealth related to maternity care during the COVID–19 public health emergency. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $6,000,000 for each of fiscal years 2024 through 2028. 904. Report on the use of technology in maternity care (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this Act as the National Academies (b) Content The agreement entered into pursuant to subsection (a) shall provide for the study of the following: (1) The use of innovative technology (including artificial intelligence) in maternal health care, including the extent to which such technology has affected racial or ethnic biases in maternal health care. (2) The use of patient monitoring devices (including pulse oximeter devices) in maternal health care, including the extent to which such devices have affected racial or ethnic biases in maternal health care. (3) Best practices for reducing and preventing racial or ethnic biases in the use of innovative technology and patient monitoring devices in maternity care. (4) Best practices in the use of innovative technology and patient monitoring devices for pregnant and postpartum individuals from racial and ethnic minority groups. (5) Best practices with respect to privacy and security safeguards in such use. (c) Report The agreement under subsection (a) shall direct the National Academies to complete the study under this section, and transmit to Congress a report on the results of the study, not later than 24 months after the date of enactment of this Act. X Impact to save moms 1001. Perinatal Care Alternative Payment Model Demonstration Project (a) In general For the period of fiscal years 2024 through 2028, the Secretary of Health and Human Services (referred to in this section as the Secretary Demonstration Project 42 U.S.C. 1396 et seq. 42 U.S.C. 1397aa et seq. (b) Coordination In establishing the Demonstration Project, the Secretary shall coordinate with stakeholders such as— (1) State Medicaid programs; (2) maternity care providers and organizations representing maternity care providers; (3) relevant organizations representing patients, with a particular focus on patients from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (4) relevant community-based organizations, particularly organizations that seek to improve maternal health outcomes for individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (5) perinatal health workers; (6) relevant health insurance issuers; (7) hospitals, health systems, midwifery practices, freestanding birth centers (as such term is defined in paragraph (3)(B) of section 1905(l) of the Social Security Act ( 42 U.S.C. 1396d(l) 42 U.S.C. 1395x(aa) (8) researchers and policy experts in fields related to maternity care payment models; and (9) any other stakeholders as the Secretary determines appropriate, with a particular focus on stakeholders from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (c) Considerations In establishing the Demonstration Project, the Secretary shall consider any alternative payment model that— (1) is designed to improve maternal health outcomes for individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (2) includes methods for stratifying patients by pregnancy risk level and, as appropriate, adjusting payments under such model to take into account pregnancy risk level, including consideration of the appropriate transfer of patients by pregnancy risk level; (3) establishes evidence-based quality metrics for such payments; (4) includes consideration of nonhospital birth settings such as freestanding birth centers (as so defined); (5) includes consideration of social determinants of maternal health; (6) includes diverse maternity care teams that include— (A) maternity care providers, mental and behavioral health care providers acting in accordance with State law, and registered dietitians or nutrition professionals (as such term is defined in section 1861(vv)(2) of the Social Security Act ( 42 U.S.C. 1395x(vv)(2) (i) from racially, ethnically, and professionally diverse backgrounds; (ii) with experience practicing in racially and ethnically diverse communities; or (iii) who have undergone training on implicit bias and racism; and (B) perinatal health workers; or (7) includes consideration of maternal mental health conditions and substance use disorders. (d) Eligibility To be eligible to participate in the Demonstration Project, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Evaluation The Secretary shall conduct an evaluation of the Demonstration Project to determine the impact of the Demonstration Project on— (1) maternal health outcomes, with data stratified by race, ethnicity, primary language, socioeconomic status, geography, insurance type, and other factors as the Secretary determines appropriate; (2) spending on maternity care by States participating in the Demonstration Project; (3) to the extent practicable, qualitative and quantitative measures of patient experience; and (4) any other areas of assessment that the Secretary determines relevant. (f) Report Not later than one year after the completion or termination date of the Demonstration Project, the Secretary shall submit to the Congress, and make publicly available, a report containing— (1) the results of any evaluation conducted under subsection (e); and (2) a recommendation regarding whether the Demonstration Project should be continued after fiscal year 2028 and expanded on a national basis. (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (h) Definitions In this section: (1) Alternative payment model The term alternative payment model 42 U.S.C. 1395l(z)(3)(C) (2) Perinatal The term perinatal XI Maternal health pandemic response 1101. Definitions In this title: (1) Respectful maternity care The term respectful maternity care (A) is culturally and linguistically congruent; (B) maintains their dignity, privacy, and confidentiality; (C) ensures freedom from harm and mistreatment; and (D) enables informed choice and continuous support. (2) Secretary The term Secretary 1102. Funding for data collection, surveillance, and research on maternal health outcomes during public health emergencies To conduct or support data collection, surveillance, and research on maternal health as a result of public health emergencies and infectious diseases that pose a risk to maternal and infant health, including support to assist in the capacity building for State, Tribal, territorial, and local public health departments to collect and transmit racial, ethnic, and other demographic data related to maternal health, there are authorized to be appropriated— (1) $100,000,000 for the Surveillance for Emerging Threats to Mothers and Babies program of the Centers for Disease Control and Prevention, to support the Centers for Disease Control and Prevention in its efforts to— (A) work with public health, clinical, and community-based organizations to provide timely, continually updated guidance to families and health care providers on ways to reduce risk to pregnant and postpartum individuals and their newborns and tailor interventions to improve their long-term health; (B) partner with more State, Tribal, territorial, and local public health programs in the collection and analysis of clinical data on the impact of public health emergencies and infectious diseases that pose a risk to maternal and infant health on pregnant and postpartum patients and their newborns, particularly among patients from racial and ethnic minority groups; and (C) establish regionally based centers of excellence to offer medical, public health, and other knowledge to ensure communities can help pregnant and postpartum individuals and newborns get the care and support they need, particularly in areas with large populations of individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (2) $30,000,000 for the Enhancing Reviews and Surveillance to Eliminate Maternal Mortality program (commonly known as the ERASE MM program (3) $45,000,000 for the Pregnancy Risk Assessment Monitoring System (commonly known as the PRAMS (A) create a supplement to its PRAMS survey related to public health emergencies and infectious diseases that pose a risk to maternal and infant health; (B) add questions around experiences of respectful maternity care in prenatal, intrapartum, and postpartum care; and (C) work to transition such PRAMS survey to an electronic platform and expand such PRAMS survey to a larger population, with a special focus on reaching underrepresented communities, and other program improvements; and (4) $15,000,000 for the National Institute of Child Health and Human Development, to conduct or support research for interventions to mitigate the effects of public health emergencies and infectious diseases that pose a risk to maternal and infant health, with a particular focus on individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. 1103. Public health emergency maternal health data collection and disclosure (a) Availability of collected data The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Administrator of the Centers for Medicare & Medicaid Services, shall make publicly available on the website of the Centers for Disease Control and Prevention data described in subsection (b). (b) Data described The data described in this subsection are data collected through Federal surveillance systems under the Centers for Disease Control and Prevention with respect to public health emergencies and individuals who are pregnant or in a postpartum period. Such data shall include the following: (1) Diagnostic testing, confirmed cases, hospitalizations, deaths, and other health outcomes related to an infectious disease outbreak among pregnant and postpartum individuals. (2) Maternal and infant health outcomes among individuals who test positive for an infectious disease during or after pregnancy. (c) American Indian and Alaska Native Health outcomes In carrying out subsection (a), the Secretary shall consult with Indian Tribes and confer with Urban Indian organizations. (d) Disaggregated information In carrying out subsection (a), the Secretary shall disaggregate data by race, ethnicity, gender, primary language, geography, socioeconomic status, and other relevant factors. (e) Update During public health emergencies, the Secretary shall update the data made available under this section— (1) at least on a monthly basis; and (2) not less than one month after the end of such public health emergency. (f) Privacy In carrying out subsection (a), the Secretary shall take steps to protect the privacy of individuals pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 (g) Guidance (1) In general Not later than 30 days after the declaration of a public health emergency under section 319 of the Public Health Service Act ( 42 U.S.C. 247d (A) laboratories that test specimens for an infectious disease receive all relevant demographic data on race, ethnicity, pregnancy status, and other demographic data as determined by the Secretary; and (B) data described in subsection (b) are disaggregated by race, ethnicity, gender, primary language, geography, socioeconomic status, and other relevant factors. (2) Consultation In carrying out paragraph (1), the Secretary shall consult with Indian Tribes— (A) to ensure that such guidance includes tribally developed best practices; and (B) to reduce misclassification of American Indians and Alaska Natives. 1104. Public health communication regarding maternal care during public health emergencies The Director of the Centers for Disease Control and Prevention shall conduct public health education campaigns during public health emergencies to ensure that pregnant and postpartum individuals, their employers, and their health care providers have accurate, evidence-based information on maternal and infant health risks during the public health emergency, with a particular focus on reaching pregnant and postpartum individuals in underserved communities. 1105. Task force on birthing experience and safe, respectful, responsive, and empowering maternity care during public health emergencies (a) Establishment The Secretary, in consultation with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration, shall convene a task force (in this subsection referred to as the Task Force (b) Duties The Task Force shall develop, publicly post, and update Federal recommendations in multiple languages to ensure high-quality, nondiscriminatory maternity care, promote positive birthing experiences, and improve maternal health outcomes during public health emergencies, with a particular focus on outcomes for individuals from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. Such recommendations shall— (1) address, with particular attention to ensuring equitable treatment on the basis of race and ethnicity— (A) measures to facilitate respectful, responsive, and empowering maternity care; (B) measures to facilitate telehealth maternity care for pregnant people who cannot regularly access in-person care; (C) strategies to increase access to specialized care for those with high-risk pregnancies or pregnant individuals with elevated risk factors; (D) diagnostic testing for pregnant and laboring patients; (E) birthing without one’s chosen companions, with one’s chosen companions, and with smartphone or other telehealth connection to one’s chosen companions; (F) newborn separation after birth in relation to maternal infection status; (G) breast milk feeding in relation to maternal infection status; (H) licensure, training, scope of practice, and Medicaid and other insurance reimbursement for certified midwives, certified nurse-midwives, and certified professional midwives, in a manner that facilitates inclusion of midwives of color and midwives from underserved communities; (I) financial support and training for perinatal health workers who provide nonclinical support to people from pregnancy through the postpartum period in a manner that facilitates inclusion from underserved communities; (J) strategies to ensure and expand doula coverage under State Medicaid programs; (K) how to identify, address, and treat prenatal and postpartum mental and behavioral health conditions, such as anxiety, substance use disorder, and depression, during public health emergencies; (L) how to identify and address instances of intimate partner violence during pregnancy which may arise or intensify during public health emergencies; (M) strategies to address hospital capacity concerns in communities with a surge in infectious disease cases and to provide childbearing people with options that reduce the potential for cross-contamination and increase the ability to implement their care preferences while maintaining safety and quality, such as the use of auxiliary maternity units and freestanding birth centers; (N) provision of child care services during prenatal and postpartum appointments for mothers whose children are unable to attend as a result of restrictions relating to the public health emergencies; (O) how to identify and address racism, bias, and discrimination in the delivery of maternity care services to pregnant and postpartum people, including evaluating the value of training for hospital staff on implicit bias and racism, respectful, responsive, and empowering maternity care, and demographic data collection; (P) how to address the needs of undocumented pregnant individuals and new mothers who may be afraid or unable to seek needed care during the COVID–19 public health emergency; (Q) how to address the needs of uninsured pregnant individuals who have historically relied on emergency departments for care; (R) how to identify pregnant and postpartum individuals at risk for depression, anxiety disorder, psychosis, obsessive-compulsive disorder, and other maternal mood disorders before, during, and after pregnancy, and how to treat those diagnosed with a postpartum mood disorder; (S) how to effectively and compassionately screen for substance use disorder during pregnancy and postpartum and help pregnant and postpartum individuals find support and effective treatment; (T) how to ensure access to infant nutrition during public health emergencies; and (U) such other matters as the Task Force determines appropriate; (2) identify barriers to the implementation of the recommendations; (3) take into consideration existing State and other programs that have demonstrated effectiveness in addressing pregnancy, birth, and postpartum care during public health emergencies; and (4) identify policies specific to COVID–19 that should be discontinued when safely possible and those that should be continued as the public health emergency abates. (c) Membership The Secretary shall appoint the members of the Task Force. Such members shall be comprised of— (1) representatives of the Department of Health and Human Services, including representatives of— (A) the Secretary; (B) the Director of the Centers for Disease Control and Prevention; (C) the Administrator of the Health Resources and Services Administration; (D) the Administrator of the Centers for Medicare & Medicaid Services; (E) the Director of the Agency for Healthcare Research and Quality; (F) the Commissioner of Food and Drugs; (G) the Assistant Secretary for Mental Health and Substance Use; and (H) the Director of the Indian Health Service; (2) at least 3 State, local, or territorial public health officials representing departments of public health, who shall represent jurisdictions from different regions of the United States with relatively high concentrations of historically marginalized populations; (3) at least 1 Tribal public health official representing departments of public health; (4) 1 or more representatives of community-based organizations that address adverse maternal health outcomes with a specific focus on racial and ethnic inequities in maternal health outcomes, with special consideration given to representatives of such organizations that are led by a person of color or from communities with significant minority populations; (5) a professionally diverse panel of maternity care providers and perinatal health workers; (6) 1 or more patients who were pregnant or gave birth during the COVID–19 public health emergency; (7) 1 or more patients who contracted COVID–19 and later gave birth; (8) 1 or more patients who have received support from a perinatal health worker; and (9) racially and ethnically diverse representation from at least 3 independent experts with knowledge or field experience with racial and ethnic disparities in public health, women’s health, or maternal mortality and severe maternal morbidity. XII Protecting moms and babies against climate change 1201. Definitions In this title, the following definitions apply: (1) Adverse maternal and infant health outcomes The term adverse maternal and infant health outcomes (2) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (3) Minority-serving institution The term minority-serving institution 20 U.S.C. 1067q(a) (4) Racial and ethnic minority group The term racial and ethnic minority group 42 U.S.C. 300u–6(g) (5) Risks associated with climate change The term risks associated with climate change (6) Secretary The term Secretary (7) Stakeholder organization The term stakeholder organization (A) a community-based organization with expertise in providing assistance to vulnerable individuals; (B) a nonprofit organization with expertise in— (i) maternal or infant health; or (ii) environmental or climate justice; and (C) a patient advocacy organization representing vulnerable individuals. (8) Vulnerable individual The term vulnerable individual (A) an individual who is pregnant; (B) an individual who was pregnant during any portion of the preceding 1-year period; and (C) an individual under 3 years of age. 1202. Grant program to protect vulnerable mothers and babies from climate change risks (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a grant program to protect vulnerable individuals from risks associated with climate change. (b) Grant authority In carrying out the Program, the Secretary may award, on a competitive basis, grants to 10 covered entities. (c) Applications To be eligible for a grant under the Program, a covered entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, which shall include, at a minimum, a description of the following: (1) Plans for the use of grant funds awarded under the Program and how patients and stakeholder organizations were involved in the development of such plans. (2) How such grant funds will be targeted to geographic areas that have disproportionately high levels of risks associated with climate change for vulnerable individuals. (3) How such grant funds will be used to address racial and ethnic disparities in— (A) adverse maternal and infant health outcomes; and (B) exposure to risks associated with climate change for vulnerable individuals. (4) Strategies to prevent an initiative assisted with such grant funds from causing— (A) adverse environmental impacts; (B) displacement of residents and businesses; (C) rent and housing price increases; or (D) disproportionate adverse impacts on racial and ethnic minority groups and other underserved populations. (d) Selection of grant recipients (1) Timing Not later than 270 days after the date of enactment of this Act, the Secretary shall select the recipients of grants under the Program. (2) Consultation In selecting covered entities for grants under the Program, the Secretary shall consult with— (A) representatives of stakeholder organizations; (B) the Administrator of the Environmental Protection Agency; (C) the Administrator of the National Oceanic and Atmospheric Administration; and (D) from the Department of Health and Human Services— (i) the Deputy Assistant Secretary for Minority Health; (ii) the Administrator of the Centers for Medicare & Medicaid Services; (iii) the Administrator of the Health Resources and Services Administration; (iv) the Director of the National Institutes of Health; and (v) the Director of the Centers for Disease Control and Prevention. (3) Priority In selecting grantees under the Program, the Secretary shall give priority to covered entities that serve a county or locality— (A) designated, or located in an area designated, as a nonattainment area pursuant to section 107 of the Clean Air Act ( 42 U.S.C. 7407 42 U.S.C. 7408(a) (B) with a level of vulnerability of moderate-to-high or higher, according to the Social Vulnerability Index of the Centers for Disease Control and Prevention, or a similar rating of social vulnerability according to related Federal mapping tools; (C) with temperatures that pose a risk to human health, as determined by the Secretary, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and the Chair of the United States Global Change Research Program, based on the best available science; (D) with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes; (E) with a rating of very high or relatively high risk according to the National Risk Index for Natural Hazards of the Federal Emergency Management Agency; or (F) with other climate-sensitive hazards with associations to adverse maternal or infant health outcomes, as determined by the Secretary. (4) Limitation A recipient of grant funds under the Program may not use such grant funds to serve a county or locality that is served by any other recipient of a grant under the Program. (e) Use of funds A covered entity awarded grant funds under the Program may only use such grant funds for the following: (1) Initiatives to identify risks associated with climate change for vulnerable individuals and to provide services and support to such individuals that address such risks, which may include— (A) training for health care providers, perinatal health workers, and other employees in hospitals, birth centers, midwifery practices, and other health care practices that provide prenatal or labor and delivery services to vulnerable individuals on the identification of, and patient counseling relating to, risks associated with climate change for vulnerable individuals; (B) hiring, training, or providing resources to perinatal health workers who can help identify risks associated with climate change for vulnerable individuals, provide patient counseling about such risks, and carry out the distribution of relevant services and support; (C) enhancing the monitoring of risks associated with climate change for vulnerable individuals, including by— (i) collecting data on such risks in specific census tracts, neighborhoods, or other geographic areas; and (ii) sharing such data with local health care providers, perinatal health workers, and other employees in hospitals, birth centers, midwifery practices, and other health care practices that provide prenatal or labor and delivery services to local vulnerable individuals; and (D) providing vulnerable individuals— (i) air conditioning units, residential weatherization support, filtration systems, household appliances, or related items; (ii) direct financial assistance; and (iii) services and support, including housing assistance, evacuation assistance, transportation assistance, access to cooling shelters, and mental health counseling, to prepare for or recover from extreme weather events, which may include floods, hurricanes, wildfires, droughts, and related events. (2) Initiatives to mitigate levels of and exposure to risks associated with climate change for vulnerable individuals, which shall be based on the best available science and which may include initiatives to— (A) develop, maintain, or expand urban or community forestry initiatives and tree canopy coverage initiatives; (B) improve infrastructure, such as buildings and paved surfaces; (C) develop or improve community outreach networks to provide culturally and linguistically appropriate information and notifications about risks associated with climate change for vulnerable individuals; and (D) provide enhanced services to racial and ethnic minority groups and other underserved populations. (f) Length of award A grant under this section shall be disbursed over 4 fiscal years. (g) Technical assistance The Secretary shall provide technical assistance to a covered entity awarded a grant under the Program to support the development, implementation, and evaluation of activities funded with such grant. (h) Reports to Secretary (1) Annual report For each fiscal year during which a covered entity is disbursed grant funds under the Program, such covered entity shall submit to the Secretary a report that summarizes the activities carried out by such covered entity with such grant funds during such fiscal year, which shall include a description of the following: (A) The involvement of stakeholder organizations in the implementation of initiatives assisted with such grant funds. (B) Relevant health and environmental data, disaggregated, to the extent practicable, by race, ethnicity, primary language, socioeconomic status, geography, insurance type, pregnancy status, and other relevant demographic information. (C) Qualitative feedback received from vulnerable individuals with respect to initiatives assisted with such grant funds. (D) Criteria used in selecting the geographic areas assisted with such grant funds. (E) Efforts to address racial and ethnic disparities in adverse maternal and infant health outcomes and in exposure to risks associated with climate change for vulnerable individuals. (F) Any negative and unintended impacts of initiatives assisted with such grant funds, including— (i) adverse environmental impacts; (ii) displacement of residents and businesses; (iii) rent and housing price increases; and (iv) disproportionate adverse impacts on racial and ethnic minority groups and other underserved populations. (G) How the covered entity will address and prevent any impacts described in subparagraph (F). (2) Publication Not later than 30 days after the date on which a report is submitted under paragraph (1), the Secretary shall publish such report on a public website of the Department of Health and Human Services. (i) Report to Congress Not later than the date that is 5 years after the date on which the Program is established, the Secretary shall submit to Congress and publish on a public website of the Department of Health and Human Services a report on the results of the Program, including the following: (1) Summaries of the annual reports submitted under subsection (h). (2) Evaluations of the initiatives assisted with grant funds under the Program. (3) An assessment of the effectiveness of the Program in— (A) identifying risks associated with climate change for vulnerable individuals; (B) providing services and support to such individuals; (C) mitigating levels of and exposure to such risks; and (D) addressing racial and ethnic disparities in adverse maternal and infant health outcomes and in exposure to such risks. (4) A description of how the Program could be expanded, including— (A) monitoring efforts or data collection that would be required to identify areas with high levels of risks associated with climate change for vulnerable individuals; (B) how such areas could be identified using the strategy developed under section 1205; and (C) recommendations for additional funding. (j) Definitions In this section: (1) The term covered entity (A) shall include a community-based organization; and (B) may include— (i) another stakeholder organization; (ii) the government of such county; (iii) the governments of one or more municipalities within such county; (iv) a State or local public health department or emergency management agency; (v) a local health care practice, which may include a licensed and accredited hospital, birth center, midwifery practice, or other health care practice that provides prenatal or labor and delivery services to vulnerable individuals; (vi) an Indian tribe or Tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (vii) an Urban Indian organization (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 (viii) an institution of higher education. (2) The term Program (k) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for the period of fiscal years 2024 through 2027. 1203. Grant program for education and training at health profession schools (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a grant program to provide funds to health profession schools to support the development and integration of education and training programs for identifying and addressing risks associated with climate change for vulnerable individuals. (b) Grant authority In carrying out the Program, the Secretary may award, on a competitive basis, grants to health profession schools. (c) Application To be eligible for a grant under the Program, a health profession school shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, which shall include, at a minimum, a description of the following: (1) How such health profession school will engage with vulnerable individuals, and stakeholder organizations representing such individuals, in developing and implementing the education and training programs supported by grant funds awarded under the Program. (2) How such health profession school will ensure that such education and training programs will address racial and ethnic disparities in exposure to, and the effects of, risks associated with climate change for vulnerable individuals. (d) Use of funds A health profession school awarded a grant under the Program shall use the grant funds to develop, and integrate into the curriculum and continuing education of such health profession school, education and training on each of the following: (1) Identifying risks associated with climate change for vulnerable individuals and individuals with the intent to become pregnant. (2) How risks associated with climate change affect vulnerable individuals and individuals with the intent to become pregnant. (3) Racial and ethnic disparities in exposure to, and the effects of, risks associated with climate change for vulnerable individuals and individuals with the intent to become pregnant. (4) Patient counseling and mitigation strategies relating to risks associated with climate change for vulnerable individuals. (5) Relevant services and support for vulnerable individuals relating to risks associated with climate change and strategies for ensuring vulnerable individuals have access to such services and support. (6) Implicit and explicit bias, racism, and discrimination. (7) Related topics identified by such health profession school based on the engagement of such health profession school with vulnerable individuals and stakeholder organizations representing such individuals. (e) Partnerships In carrying out activities with grant funds, a health profession school awarded a grant under the Program may partner with one or more of the following: (1) A State or local public health department. (2) A health care professional membership organization. (3) A stakeholder organization. (4) A health profession school. (5) An institution of higher education. (f) Reports to Secretary (1) Annual report For each fiscal year during which a health profession school is disbursed grant funds under the Program, such health profession school shall submit to the Secretary a report that describes the activities carried out with such grant funds during such fiscal year. (2) Final report Not later than the date that is 1 year after the end of the last fiscal year during which a health profession school is disbursed grant funds under the Program, the health profession school shall submit to the Secretary a final report that summarizes the activities carried out with such grant funds. (g) Report to Congress Not later than the date that is 6 years after the date on which the Program is established, the Secretary shall submit to Congress and publish on a public website of the Department of Health and Human Services a report that includes the following: (1) A summary of the reports submitted under subsection (f). (2) Recommendations to improve education and training programs at health profession schools with respect to identifying and addressing risks associated with climate change for vulnerable individuals. (h) Definitions In this section: (1) The term health profession school (A) medical school; (B) school of nursing; (C) midwifery program; (D) physician assistant education program; (E) teaching hospital; (F) residency or fellowship program; or (G) other school or program determined appropriate by the Secretary. (2) The term Program (i) Authorization of Appropriations There is authorized to be appropriated to carry out this section $5,000,000 for the period of fiscal years 2024 through 2027. 1204. NIH Consortium on Birth and Climate Change Research (a) Establishment Not later than one year after the date of the enactment of this Act, the Director of the National Institutes of Health shall establish the Consortium on Birth and Climate Change Research (in this section referred to as the Consortium (b) Duties (1) In general The Consortium shall coordinate, across the institutes, centers, and offices of the National Institutes of Health, research on the risks associated with climate change for vulnerable individuals. (2) Required activities In carrying out paragraph (1), the Consortium shall— (A) establish research priorities, including by prioritizing research that— (i) identifies the risks associated with climate change for vulnerable individuals with a particular focus on disparities in such risks among racial and ethnic minority groups and other underserved populations; and (ii) identifies strategies to reduce levels of, and exposure to, such risks, with a particular focus on risks among racial and ethnic minority groups and other underserved populations; (B) identify gaps in available data related to such risks; (C) identify gaps in, and opportunities for, research collaborations; (D) identify funding opportunities for community-based organizations and researchers from racially, ethnically, and geographically diverse backgrounds; (E) identify opportunities to increase public awareness related to risks associated with climate change for vulnerable individuals; and (F) publish annual reports on the work and findings of the Consortium on a public website of the National Institutes of Health. (c) Membership The Director shall appoint to the Consortium representatives of such institutes, centers, and offices of the National Institutes of Health as the Director considers appropriate, including, at a minimum, representatives of— (1) the National Institute of Environmental Health Sciences; (2) the National Institute on Minority Health and Health Disparities; (3) the Eunice Kennedy Shriver National Institute of Child Health and Human Development; (4) the National Institute of Mental Health; (5) the National Institute of Nursing Research; and (6) the Office of Research on Women’s Health. (d) Chairperson The Chairperson of the Consortium shall be designated by the Director and selected from among the representatives appointed under subsection (c). (e) Consultation In carrying out the duties described in subsection (b), the Consortium shall consult with— (1) the heads of relevant Federal agencies, including— (A) the Environmental Protection Agency; (B) the National Oceanic and Atmospheric Administration; (C) the Occupational Safety and Health Administration; and (D) from the Department of Health and Human Services— (i) the Office of Minority Health in the Office of the Secretary; (ii) the Centers for Medicare & Medicaid Services; (iii) the Health Resources and Services Administration; (iv) the Centers for Disease Control and Prevention; (v) the Indian Health Service; and (vi) the Administration for Children and Families; and (2) representatives of— (A) stakeholder organizations; (B) health care providers and professional membership organizations with expertise in maternal health or environmental justice; (C) State and local public health departments; (D) licensed and accredited hospitals, birth centers, midwifery practices, or other health care practices that provide prenatal or labor and delivery services to vulnerable individuals; and (E) institutions of higher education, including such institutions that are minority-serving institutions or have expertise in maternal health or environmental justice. 1205. Strategy for identifying climate change risk zones for vulnerable mothers and babies (a) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop a strategy (in this section referred to as the Strategy (b) Strategy requirements (1) In general In developing the Strategy, the Secretary shall establish a process to identify areas where vulnerable individuals are exposed to a high risk of adverse maternal and infant health outcomes as a result of risks associated with climate change in conjunction with other factors that can impact such health outcomes, including— (A) the incidence of diseases associated with air pollution, extreme heat, and other environmental factors; (B) the availability and accessibility of maternal and infant health care providers; (C) English-language proficiency among women of reproductive age; (D) the health insurance status of women of reproductive age; (E) the number of women of reproductive age who are members of racial or ethnic groups with disproportionately high rates of adverse maternal and infant health outcomes; (F) the socioeconomic status of women of reproductive age, including with respect to— (i) poverty; (ii) unemployment; (iii) household income; and (iv) educational attainment; and (G) access to quality housing, transportation, and nutrition. (2) Resources In developing the Strategy, the Secretary shall identify, and incorporate a description of, the following: (A) Existing mapping tools or Federal programs that identify— (i) risks associated with climate change for vulnerable individuals; and (ii) other factors that can influence maternal and infant health outcomes, including the factors described in paragraph (1). (B) Environmental, health, socioeconomic, and demographic data relevant to identifying risks associated with climate change for vulnerable individuals. (C) Existing monitoring networks that collect data described in subparagraph (B), and any gaps in such networks. (D) Federal, State, and local stakeholders involved in maintaining monitoring networks identified under subparagraph (C), and how such stakeholders are coordinating their monitoring efforts. (E) Additional monitoring networks, and enhancements to existing monitoring networks, that would be required to address gaps identified under subparagraph (C), including at the subcounty and census tract level. (F) Funding amounts required to establish the monitoring networks identified under subparagraph (E) and recommendations for Federal, State, and local coordination with respect to such networks. (G) Potential uses for data collected and generated as a result of the Strategy, including how such data may be used in determining recipients of grants under the program established by section 2 or other similar programs. (H) Other information the Secretary considers relevant for the development of the Strategy. (c) Coordination and consultation In developing the Strategy, the Secretary shall— (1) coordinate with the Administrator of the Environmental Protection Agency and the Administrator of the National Oceanic and Atmospheric Administration; and (2) consult with— (A) stakeholder organizations; (B) health care providers and professional membership organizations with expertise in maternal health or environmental justice; (C) State and local public health departments; (D) licensed and accredited hospitals, birth centers, midwifery practices, or other health care providers that provide prenatal or labor and delivery services to vulnerable individuals; and (E) institutions of higher education, including such institutions that are minority-serving institutions or have expertise in maternal health or environmental justice. (d) Notice and comment At least 240 days before the date on which the Strategy is published in accordance with subsection (e), the Secretary shall provide— (1) notice of the Strategy on a public website of the Department of Health and Human Services; and (2) an opportunity for public comment of at least 90 days. (e) Publication Not later than 18 months after the date of the enactment of this Act, the Secretary shall publish on a public website of the Department of Health and Human Services— (1) the Strategy; (2) the public comments received under subsection (d); and (3) the responses of the Secretary to such public comments. XIII Maternal vaccinations 1301. Maternal vaccination awareness and equity campaign (a) Campaign Section 313 of the Public Health Service Act ( 42 U.S.C. 245 (1) in subsection (a), by inserting and among pregnant and postpartum individuals, low rates of vaccination, (2) in subsection (c)(3), by striking prenatal and pediatric prenatal, obstetric, and pediatric (3) in subsection (d)(4)(B), by inserting pregnant and postpartum individuals and including (4) in subsection (g), by striking $15,000,000 for each of fiscal years 2021 through 2025 $17,000,000 for each of fiscal years 2024 through 2028 (b) Additional activities Section 317(k)(1)(E) of the Public Health Service Act ( 42 U.S.C. 247b(k)(1)(E) (1) in clause (v), by striking and (2) by adding at the end the following: (vii) increase vaccination rates of pregnant and postpartum individuals, including individuals from racial and ethnic minority groups, and their children; and .
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Black Maternal Health Momnibus Act
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Repair Abuses of MSP Payments (RAMP) Act This bill restricts the private right of action against insurance plans that do not provide appropriate primary payment in cases in which Medicare is a secondary payer. Current law allows for a private right of action against primary plans that do not provide appropriate primary payment in cases in which Medicare is a secondary payer; this provision applies to group health plans, workers' compensation plans, automobile or liability insurance plans, and no-fault insurance plans. The bill limits this provision to group health plans.
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118 S1607 IS: Repair Abuses of MSP Payments (RAMP) Act U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1607 IN THE SENATE OF THE UNITED STATES May 16, 2023 Mr. Scott of South Carolina Ms. Hassan Committee on Finance A BILL To amend title XVIII of the Social Security Act to permit a private cause of action for damages in the case of a group health plan which fails to provide for primary payment or appropriate reimbursement. 1. Short title This Act may be cited as the Repair Abuses of MSP Payments (RAMP) Act 2. Private cause of action for damages in the case of a group health plan which fails to provide for primary payment or appropriate reimbursement Section 1862(b)(3)(A) of the Social Security Act ( 42 U.S.C. 1395y(b)(3)(A) primary plan group health plan (as defined in paragraph (1)(A)(v))
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Repair Abuses of MSP Payments (RAMP) Act
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Support Our Election Workers Act This bill directs the Election Assistance Commission to establish a program to make payments to states to provide increased pay for election workers, including individuals serving as election officials or poll workers on a temporary or unpaid basis.
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118 S1609 IS: Support Our Election Workers Act U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1609 IN THE SENATE OF THE UNITED STATES May 16, 2023 Ms. Klobuchar Mr. Warner Mr. Padilla Mr. Welch Mr. Brown Mr. Sanders Ms. Smith Mr. Whitehouse Mr. Wyden Committee on Rules and Administration A BILL To direct the Election Assistance Commission to establish a program to make grants to States to provide increased pay for election workers, and for other purposes. 1. Short title This Act may be cited as the Support Our Election Workers Act 2. Program for grants to support election workers (a) Establishment of program Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. 7 Payments to help support election workers 297. Establishment and operation of grant program (a) In general The Commission shall establish and operate a program under which the Commission shall make payments to eligible States for providing increased pay for election workers, including individuals serving as election officials or poll workers on a temporary or unpaid basis. (b) Amount of payment (1) Amount The amount of a payment made to a State under the program established under this part shall be equal to the greater of— (A) the reasonable costs the State expects to incur in providing increased pay for election workers, as determined by the Commission taking into account the information provided by the State in the plan described in section 297A; or (B) the minimum payment amount described in paragraph (2) with respect to the fiscal year. (2) Minimum payment amount The minimum payment amount described in this paragraph with respect to a fiscal year is equal to one-half of 1 percent of the aggregate amount made available during the fiscal year for payments under the program established under this part. (c) Application In order to be eligible to receive a payment under the program established under this part, a State shall submit to the Commission, at such time and in such form as the Commission may require, an application containing a description of a plan for how the State will use the payment to provide increased pay to election workers, as described in section 297A, together with such other information and assurances as the Commission may require. (d) Reports A State receiving a payment under the program established under this part shall submit to the Commission such reports on the State’s use of the payment as the Commission may require. 297A. State plan for providing increased pay to election workers (a) Elements of plan A State’s plan for providing increased pay to election workers shall include the following elements: (1) A description of how the State will use increased pay to retain qualified election workers and to recruit new election workers. (2) The requirements an individual must meet in order to be eligible to receive increased pay under the plan. (3) The amount of the reasonable costs the State expects to incur in providing increased pay for such eligible individuals. (4) The procedures for carrying out the plan, including the extent to which State and local election officials will be responsible for carrying out the plan. (b) Opportunity of all election workers To receive pay Under the State’s plan, the State may not treat an election worker as ineligible to receive increased pay solely because the individual does not interact directly with voters, individuals attempting to vote, or individuals attempting to register to vote. 297B. Coverage of Commonwealth of Northern Mariana Islands In this part, the Commonwealth of the Northern Mariana Islands shall be considered a State. 297C. Authorization of appropriations There are authorized to be appropriated for payments under this part such sums as may be necessary for fiscal year 2024 and each succeeding fiscal year. . (b) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: PART 7— Payments to help support election workers Sec. 297. Establishment and operation of grant program. Sec. 297A. State plan for providing increased pay to election workers. Sec. 297B. Coverage of Commonwealth of Northern Mariana Islands. Sec. 297C. Authorization of appropriations. .
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Support Our Election Workers Act
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Protecting Service Members and Military Families' Access to Reproductive Care Act of 2023 This bill provides statutory authority for a Department of Defense (DOD) policy that provides for the granting of an administrative absence at the request of a member of the Armed Forces for purposes of receiving non-covered reproductive health care or to accompany a spouse or other dependent who receives non-covered reproductive health care. Under the bill, non-covered reproductive health care means care not authorized to be performed at a DOD facility, including an abortion or assisted reproductive technology (e.g., in vitro fertilization). An administrative absence granted for such purposes may not exceed 21 days. DOD is authorized to prescribe regulations under this bill, which must provide that (1) no additional requirements may be imposed on a member requesting an administrative absence for non-covered reproductive health care, and (2) DOD and the approval authority of a member must prioritize the privacy of the member (or dependent). The bill also authorizes DOD to provide an allowance for travel expenses in connection with a member's or dependent's travel to receive non-covered reproductive health care.
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118 S1610 IS: Protecting Service Members and Military Families’ Access to Reproductive Care Act of 2023 U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1610 IN THE SENATE OF THE UNITED STATES May 16, 2023 Mrs. Shaheen Ms. Hirono Mr. Blumenthal Mr. Fetterman Mrs. Gillibrand Mr. King Mr. Hickenlooper Mr. Cardin Ms. Warren Ms. Baldwin Ms. Duckworth Mr. Welch Mr. Wyden Mr. Sanders Mr. Carper Mrs. Murray Mr. Booker Mr. Bennet Mr. Kelly Ms. Klobuchar Mrs. Feinstein Mr. Brown Ms. Rosen Mr. Markey Mr. Durbin Ms. Smith Mr. Whitehouse Mr. Heinrich Ms. Cantwell Ms. Cortez Masto Committee on Armed Services A BILL To authorize administrative absences and travel and transportation allowances for members of the Armed Forces to travel to obtain reproductive health care. 1. Short title This Act may be cited as the Protecting Service Members and Military Families’ Access to Reproductive Care Act of 2023 2. Authorization of administrative absences and travel and transportation allowances for reproductive health care (a) Leaves of absence (1) In general Chapter 40 section 708 708a. Reproductive health administrative absence (a) In general Under such regulations as the Secretary of Defense may prescribe, the Secretary shall grant an administrative absence to a member of the Armed Forces who requests such an absence— (1) to receive non-covered reproductive health care; or (2) to accompany a spouse or other dependent who receives non-covered reproductive health care. (b) Duration An administrative absence granted under subsection (a) pursuant to a request made under that subsection may extend for a period of not more than 21 days for each such request. (c) Requirements for regulations The regulations prescribed under subsection (a) shall provide that— (1) no additional requirement, including consultations with a chaplain, medical testing, or any other form of counseling, may be imposed on a member requesting an administrative absence under subsection (a) by the Secretary or the commander or other approval authority of the member; and (2) the Secretary and the commander or other approval authority of a member shall prioritize the privacy of the member (and the spouse or other dependent of the member, if applicable), consistent with applicable statutes and regulations governing protected medical information. (d) Non-Covered reproductive health care defined In this section, the term non-covered reproductive health care (1) an abortion; or (2) assisted reproductive technology, including— (A) ovarian stimulation and egg retrieval, including any needed medications and procedures required for retrieval, processing, and utilization of an egg for assisted reproductive technology or cryopreservation; (B) sperm collection and processing for assisted reproductive technology or cryopreservation; (C) intrauterine insemination; and (D) in vitro fertilization, including— (i) in vitro fertilization with fresh embryo transfer; (ii) gamete intrafallopian transfer; (iii) zygote intrafollopian transfer; (iv) pronuclear stage tubal transfer; (v) tubal embryo transfer; and (vi) frozen embryo transfer. . (2) Clerical amendment The table of sections at the beginning of chapter 40 of such title is amended by inserting after the item relating to section 708 the following new item: 708a. Reproductive health administrative absence. . (b) Authorization of travel and transportation allowances Section 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraph: (24) Travel by a member or a dependent to receive non-covered reproductive health care (as defined in section 708a(d) of title 10), including an abortion and assisted reproductive technology. . (c) Rule of construction Nothing in this section or an amendment made by this section may be construed to restrict or deprive a member of the Armed Forces from accessing or being granted convalescent leave consistent with section 701 of title 10, United States Code.
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Protecting Service Members and Military Families’ Access to Reproductive Care Act of 2023
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Community Connect Grant Program Act of 2023 This bill reauthorizes through FY2028 and otherwise modifies the Community Connect Program, which provides grants for high-speed broadband service in rural, economically challenged communities without such service. In particular, the bill establishes statutory minimum broadband speeds that must be provided under the grants. (Currently, minimum speeds are defined by the Federal Communications Commission.) Further, the bill specifies that grant funds may not be used to duplicate a service that will be provided in the future pursuant to an enforceable commitment under another broadband funding program. (Currently, grant funds may not be used to duplicate an existing service.) The bill also makes more areas eligible for grant-funded projects by increasing the broadband service capacity that is considered inadequate.
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118 S1611 IS: Community Connect Grant Program Act of 2023 U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1611 IN THE SENATE OF THE UNITED STATES May 16, 2023 Ms. Smith Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Rural Electrification Act of 1936 to reauthorize the Community Connect Grant Program, and for other purposes. 1. Short title This Act may be cited as the Community Connect Grant Program Act of 2023 2. Community Connect Grant Program Section 604 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb–3 (1) in subsection (a)— (A) in paragraph (1), by striking less than the (A) a 100-Mbps downstream transmission capacity; and (B) a 20-Mbps upstream transmission capacity. ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking an area a rural area (ii) in subparagraph (A), by striking 10-Mbps 25-Mbps (iii) in subparagraph (B), by striking 1-Mbps 3-Mbps (2) in subsection (d)(2)(A), by striking area; or area (including any eligible broadband service that will be provided in the future in the eligible service area pursuant to enforceable commitments for network deployment applicable under another broadband funding program); or (3) in subsection (g), by striking 2023 2028
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Community Connect Grant Program Act of 2023
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Reimburse Veterans for Domiciliary Care Act This bill requires the Department of Veterans Affairs (VA) to prescribe a rule related to the waiver of certain requirements for the payment of per diem for domiciliary care in a state home. (A state home is a home established by a state for veterans who are disabled by age, disease, or otherwise and are incapable of earning a living because of such disability. The term also includes a home that furnishes nursing home care for veterans.) Under the bill, the VA must prescribe a rule that authorizes the waiver of certain requirements for a veteran to be eligible for per diem payments for domiciliary care at a state home if the veteran has met at least four of the current requirements or the waiver would be in the best interest of the veteran. In prescribing the rule, the VA must ensure its authority to provide payments to state homes is retroactive to January 5, 2021.
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116 S1612 IS: Reimburse Veterans for Domiciliary Care Act U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1612 IN THE SENATE OF THE UNITED STATES May 16, 2023 Mr. King Ms. Collins Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to publish a rule to implement the requirement that the Secretary be permitted to waive the limitation in law on reimbursement of veterans receiving domiciliary care in State homes. 1. Short title This Act may be cited as the Reimburse Veterans for Domiciliary Care Act 2. Publication of rule for waiver on limitation of payments to State homes for domiciliary care provided to veterans (a) Proposed rule Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe and publish in the Federal Register a proposed rule implementing the requirement under section 3007(a) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 38 U.S.C. 1741 (b) Final rule Not later than 180 days after the publication of the initial rule required under subsection (a), or the date that is 260 days after the date of the enactment of this Act, whichever occurs first, the Secretary shall prescribe and publish in the Federal Register a final rule implementing the requirement specified in such subsection. (c) Retroactive payments In prescribing the proposed rule under subsection (a) and the final rule under subsection (b), the Secretary shall ensure that the authority of the Secretary to provide payments to State homes (as defined in section 101(19) of title 38, United States Code) pursuant to any such rule is retroactive to January 5, 2021.
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Reimburse Veterans for Domiciliary Care Act
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Feral Swine Eradication Act This bill reauthorizes the feral swine eradication and control pilot program and removes the pilot program designation. This Department of Agriculture (USDA) program responds to the threat feral swine pose to agriculture, native ecosystems, and human and animal health. The bill also requires USDA to ensure that the Animal and Plant Health Inspection Service (APHIS) and the Natural Resources Conservation Service (NRCS) continue monitoring an area for reoccurrence of feral swine for one year after USDA determines that feral swine has been eradicated from an eligible area. Further, the bill includes new reporting requirements, which direct APHIS and the NRCS to submit a joint report to Congress on the program. This report must be publicly available on USDA's website.
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115 S1613 IS: Feral Swine Eradication Act U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1613 IN THE SENATE OF THE UNITED STATES May 16, 2023 Mr. Cornyn Mr. Luján Mr. Tuberville Mr. Warnock Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agriculture Improvement Act of 2018 to reauthorize the feral swine eradication and control pilot program, and for other purposes. 1. Short title This Act may be cited as the Feral Swine Eradication Act 2. Feral swine eradication and control program (a) In general Section 2408 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 8351 Public Law 115–334 (1) in the section heading, by striking pilot (2) in subsection (a), by striking pilot program program (referred to in this section as the program (3) in subsection (b)— (A) in the matter preceding paragraph (1), by striking pilot (B) in each of paragraphs (1) and (2), by striking the pilot areas eligible areas (C) in paragraph (4), by striking pilot eligible (D) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (E) by inserting after paragraph (2) the following: (3) after the Secretary determines that feral swine have been eradicated from an eligible area, ensure that the Animal and Plant Health Inspection Service and the Natural Resources Conservation Service continue monitoring that area for the reoccurrence of feral swine for a period of 1 year; ; (4) in each of subsections (c), (e), (f), and (g), by striking pilot program program (5) in subsection (c)(1), by striking the pilot areas eligible areas (6) in subsection (e), in the subsection heading, by striking pilot eligible (7) in subsection (g)(1), by striking 2019 through 2023 2024 through 2028 (8) by adding at the end the following: (h) Reports Not later than 2 years, and not later than 4 years and 6 months, after the date of enactment of this subsection, the Administrator of the Animal and Plant Health Inspection Service and the Chief of the Natural Resources Conservation Service, acting jointly, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives and make publicly available on the website of the Department of Agriculture a report that— (1) describes, for the period beginning on the date of the establishment of the program and ending on the date of the submission of the report— (A) activities carried out under the program, including— (i) the number of counties in which feral swine are no longer present; and (ii) estimated reductions in agriculture and natural resource damage, and improvements to human and livestock health and safety, as a result of feral swine removal; (B) the use of funding made available under this section, including the number of counties in each State provided funding; and (C) the roles of the Animal and Plant Health Inspection Service and the Natural Resources Conservation Service and agricultural producers provided financial assistance under this section in carrying out activities under the program; and (2) includes— (A) a determination by the Administrator of the Animal and Plant Health Inspection Service and the Chief of the Natural Resources Conservation Service as to the extent to which the program has been successful; and (B) any recommendations for improvements to the program. . (b) Conforming amendment The table of contents for the Agriculture Improvement Act of 2018 ( Public Law 115–334 Sec. 2408. Feral swine eradication and control program. .
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Feral Swine Eradication Act
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Lacey Act Amendments of 2023 This bill modifies the injurious wildlife provision of the Lacey Act, which generally prohibits the import and shipment of listed living creatures and their eggs. First, the bill specifies that the prohibition on shipment applies to interstate shipments within the continental United States. Second, the bill authorizes the Department of the Interior to issue an emergency designation prohibiting the importation of a species if necessary to address an imminent threat to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife, or to the wildlife resources of the United States. Third, the bill establishes a presumptive prohibition on the importation of any nonnative species of wild mammal, wild bird, fish (including mollusks and crustacea), amphibian, or reptile, or the eggs of any such species. The presumption may be overcome if Interior determines that the species does not pose a significant risk of invasiveness to the United States.
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118 S1614 IS: Lacey Act Amendments of 2023 U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1614 IN THE SENATE OF THE UNITED STATES May 16, 2023 Mr. Rubio Committee on Environment and Public Works A BILL To amend title 18, United States Code, to enhance protections against the importation, and transport between States, of injurious species, and for other purposes. 1. Short title This Act may be cited as the Lacey Act Amendments of 2023 2. Amendments (a) In general Section 42 of title 18, United States Code, is amended— (1) in subsection (a)(1)— (A) in the first sentence, by striking shipment between the continental United States transport between the States (B) by inserting after the first sentence the following: Notwithstanding any other provision of law, the Secretary of the Interior may prescribe by regulation an emergency designation prohibiting the importation of any species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or the offspring or eggs of any such species, as injurious to human beings, to the interests of agriculture, horticulture, or forestry, or to wildlife or the wildlife resources of the United States, for not more than 3 years, under this subsection, if the Secretary of the Interior determines that such regulation is necessary to address an imminent threat to human beings, to the interests of agriculture, horticulture, or forestry, or to wildlife or the wildlife resources of the United States. An emergency designation prescribed under this subsection shall take effect immediately upon publication in the Federal Register, unless the Secretary of the Interior prescribes an effective date that is not later than 60 days after the date of publication. During the period during which an emergency designation prescribed under this subsection for a species is in effect, the Secretary of the Interior shall evaluate whether the species should be designated as an injurious wildlife species under the first sentence of this paragraph. (2) by adding at the end the following: (d) Presumptive prohibition on importation (1) In general Importation into the United States of any species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or the offspring or eggs of any such species, that is not native to the United States and, as of the date of enactment of the Lacey Act Amendments of 2023 (A) during the 1-year period preceding the date of enactment of the Lacey Act Amendments of 2023 (i) imported into the United States; or (ii) transported between the States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States; or (B) the Secretary of the Interior determines, after an opportunity for public comment, that the species does not pose a significant risk of invasiveness to the United States and publishes a notice in the Federal Register of the determination. (2) Rule of construction Nothing in paragraph (1) shall be construed to limit the authority of the Secretary of the Interior under subsection (a)(1). . (b) Conforming amendments Section 42(a) of title 18, United States Code, is amended— (1) in paragraph (2), by inserting and subsection (d) this subsection (2) in paragraph (3)— (A) by striking the foregoing paragraph (1) or subsection (d) (B) by striking this Act this section (3) in paragraph (4), by inserting or subsection (d) this subsection (4) in paragraph (5)— (A) by inserting and subsection (d) this subsection (B) by striking hereunder under such provisions (c) Regulations; effective date (1) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate regulations to define the term minimal quantities (2) Effective date Subsection (d) of section 42 of title 18, United States Code, as added by subsection (a)(2), shall take effect on the date that is 1 year after the date of enactment of this Act.
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Lacey Act Amendments of 2023
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Judiciary Act of 2023 This bill increases from 9 to 13 the number of Justices on the Supreme Court.
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118 S1616 IS: Judiciary Act of 2023 U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1616 IN THE SENATE OF THE UNITED STATES May 16, 2023 Mr. Markey Committee on the Judiciary A BILL To amend title 28, United States Code, to allow for 12 associate justices of the Supreme Court of the United States. 1. Short title This Act may be cited as the Judiciary Act of 2023 2. Number of justices; quorum Section 1 of title 28, United States Code, is amended by striking a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum a Chief Justice of the United States and 12 associate justices, any 8 of whom shall constitute a quorum
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Judiciary Act of 2023
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Protect Our Heroes Act of 2023 This bill establishes new criminal offenses for killing or assaulting (or attempting to kill or assault or conspiring to kill) a current or former judicial officer or public safety officer in circumstances that affect interstate commerce while the officer is engaged in official duties or on account of past performance of official duties. A violation is subject to criminal penalties—a prison term, a fine, or both.
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118 S1617 IS: Protect Our Heroes Act of 2023 U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1617 IN THE SENATE OF THE UNITED STATES May 16, 2023 Mr. Sullivan Committee on the Judiciary A BILL To protect Federal, State, and local public safety officers. 1. Short title This Act may be cited as the Protect Our Heroes Act of 2023 2. Findings Congress finds the following: (1) Law enforcement officers, first responders, and public safety officials risk their lives every day to serve and protect our neighborhoods and communities. (2) These men and women are true public servants who regularly sacrifice and encounter grave daily harm. (3) The families of law enforcement officers, first responders, and public safety officials also sacrifice and contribute to their roles as guardians of the public good. (4) In recent times, it has become apparent that these women and men are being targeted intentionally by criminals in our society. (5) Congress must do all it can to promote a system of law and order that enables law enforcement officers, first responders, and public safety officials to properly do their jobs. 3. Protection of public safety officers (a) Killing of public safety officers (1) Offense Chapter 51 1123. Killing of public safety officers (a) Definitions In this section— (1) the terms Federal law enforcement officer United States judge (2) the term federally funded public safety officer (A) receives Federal financial assistance; and (B) is an agency of an entity that is a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States, an Indian tribe, or a unit of local government of that entity; (3) the term firefighter (4) the term judicial officer (5) the term law enforcement officer (6) the term public agency (7) the term public safety officer (b) Offense (1) In general It shall be unlawful for any person to, in any circumstance described in paragraph (2), kill, or attempt or conspire to kill, a current or former judicial officer or public safety officer, while the officer is engaged in official duties, or on account of past performance of official duties. (2) Circumstances described For purposes of paragraph (1), a circumstance described in this paragraph is— (A) the conduct described in paragraph (1) occurs during the course of, or as the result of, the travel of the defendant or the victim— (i) across a State line or national border; or (ii) using a channel, facility, or instrumentality of interstate or foreign commerce; (B) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in paragraph (1); (C) in connection with the conduct described in paragraph (1), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; (D) the conduct described in paragraph (1)— (i) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (ii) otherwise affects interstate or foreign commerce; or (E) the victim is— (i) a Federal law enforcement officer; (ii) a United States judge; or (iii) a federally funded public safety officer. (c) Penalty (1) In general Any person that violates subsection (b) shall be fined under this title and imprisoned for not less than 10 years or for life, or, if death results, shall be sentenced to not less than 30 years and not more than life, or may be punished by death. (2) Directive to Commission (A) In general Pursuant to section 994 of title 28, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide sentencing enhancements of not less than 5 offense levels for offenses where the finder of fact at trial determines beyond a reasonable doubt that in the commission of a violation of subsection (b), the defendant lures the victim to a location for the purpose of killing, or attempting to kill, the victim. (B) Requirement In carrying out this paragraph, the United States Sentencing Commission shall assure reasonable consistency with other guidelines, avoid duplicative punishments for substantially the same offense, and take into account any mitigating circumstances which might justify exceptions. . (2) Table of sections The table of sections for chapter 51 1123. Killing of public safety officers. . (b) Assault of public safety officers (1) Offense Chapter 7 120. Assaults of public safety officers (a) Definitions In this section— (1) the term federally funded public safety officer (A) receives Federal financial assistance; and (B) is an agency of an entity that is a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States, an Indian tribe, or a unit of local government of that entity; (2) the term firefighter (3) the term judicial officer (4) the term law enforcement officer (5) the term public agency (6) the term public safety officer (b) Offense (1) In general It shall be unlawful, in any circumstance described in paragraph (2), to assault, or attempt to assault, a current or former judicial officer or public safety officer, while the officer is engaged in official duties, or on account of past performance of official duties. (2) Circumstances described For purposes of paragraph (1), a circumstance described in this paragraph is— (A) the conduct described in paragraph (1) occurs during the course of, or as the result of, the travel of the defendant or the victim— (i) across a State line or national border; or (ii) using a channel, facility, or instrumentality of interstate or foreign commerce; (B) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in paragraph (1); (C) in connection with the conduct described in paragraph (1), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; (D) the conduct described in paragraph (1)— (i) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or (ii) otherwise affects interstate or foreign commerce; or (E) the victim is— (i) a Federal law enforcement officer; (ii) a United States judge; or (iii) a federally funded public safety officer. (c) Penalty (1) In general Any person that violates subsection (b) shall be subject to a fine under this title and— (A) if the assault resulted in bodily injury (as defined in section 1365), shall be imprisoned not less than 2 years and not more than 10 years; (B) if the assault resulted in substantial bodily injury (as defined in section 113), shall be imprisoned not less than 5 years and not more than 20 years; (C) if the assault resulted in serious bodily injury (as defined in section 1365), shall be imprisoned for not less than 10 years; (D) if a deadly or dangerous weapon was used during and in relation to the assault, shall be imprisoned for not less than 20 years; and (E) shall be imprisoned for not more than 1 year in any other case. (2) Directive to Commission (A) In general Pursuant to section 994 of title 28, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to provide sentencing enhancements of not less than 5 offense levels for offenses where the finder of fact at trial determines beyond a reasonable doubt that in the commission of a violation of subsection (b), the defendant lures the victim to a location for the purpose of assaulting, or attempting to assault, the victim. (B) Requirement In carrying out this paragraph, the United States Sentencing Commission shall assure reasonable consistency with other guidelines, avoid duplicative punishments for substantially the same offense, and take into account any mitigating circumstances which might justify exceptions. . (2) Table of sections The table of sections for chapter 7 120. Assaults of public safety officers. .
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Protect Our Heroes Act of 2023
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Disrupt Fentanyl Trafficking Act of 2023 This bill requires the Department of Defense (DOD) to develop and submit a strategy to use existing authorities to target, disrupt, or degrade threats to national security that are caused or exacerbated by fentanyl trafficking. The strategy must be submitted in an unclassified form, but it may include a classified index. Additionally, DOD must seek to enhance cooperation with defense officials of Mexico to target, disrupt, and degrade transnational criminal organizations within Mexico that traffic fentanyl.
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118 S1619 IS: Disrupt Fentanyl Trafficking Act of 2023 U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1619 IN THE SENATE OF THE UNITED STATES May 16, 2023 Ms. Ernst Mr. Kaine Committee on Armed Services A BILL To require the Secretary of Defense to develop a strategy to counter fentanyl trafficking in the United States, and for other purposes. 1. Short title This Act may be cited as the Disrupt Fentanyl Trafficking Act of 2023 2. Sense of Congress It is the sense of Congress that— (a) fentanyl trafficking across the borders of the United States, and the consequences of that trafficking, constitute an unprecedented, nontraditional, and long-term threat to the national security of the United States; (b) transnational criminal organizations have established effective control over significant areas within Mexico, which has enabled the development of fentanyl production and trafficking infrastructure; (c) combating fentanyl trafficking demands— (1) improved interagency command, control, communications, and intelligence sharing to enhance the effectiveness of the interdiction of fentanyl at the borders of the United States; and (2) whole-of-government solutions comprised of an integrated and synchronized interagency organizational construct committed to dismantling the process of trafficking fentanyl from chemical precursor to production to delivery in the United States and enabling partner nations to do the same; (d) it is within the national security interest of the United States for Federal, State, and local law enforcement agencies, the Department of Defense, the Department of State, other counter-drug agencies, and stakeholders to effectively communicate and that the failure of effective communication affects the prevention, interdiction, and prosecution of fentanyl trafficking and distribution into and within the United States; and (e) the United States must partner with Mexico and Canada to combat fentanyl trafficking through institution building, the dismantling of cartels, and seizures of fentanyl in Mexico, Canada, and intrastate transit zones. 3. Development of strategy to counter fentanyl trafficking and report (a) Strategy (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with other Federal agencies as the Secretary considers appropriate, shall develop and submit to the appropriate congressional committees a strategy to use existing authorities, including the authorities under section 124 of title 10, United States Code, as appropriate, to target, disrupt, or degrade threats to the national security of the United States caused or exacerbated by fentanyl trafficking. (2) Contents The strategy required by paragraph (1) shall outline how the Secretary of Defense will— (A) leverage existing authorities regarding counterdrug and counter-transnational organized crime activities with a counter-fentanyl nexus to detect and monitor activities related to fentanyl trafficking; (B) support operations to counter fentanyl trafficking carried out by other Federal agencies, State, Tribal, and local law enforcement agencies, or foreign security forces; (C) coordinate efforts of the Department of Defense for the detection and monitoring of aerial, maritime, and surface traffic suspected of carrying fentanyl bound for the United States, including efforts to unify the use of technology, surveillance, and related resources across air, land, and maritime domains to counter fentanyl trafficking, including with respect to data collection, data processing, and integrating sensors across such domains; (D) provide military-unique capabilities to support activities by the United States Government and foreign security forces to detect and monitor the trafficking of fentanyl and precursor chemicals used in fentanyl production, consistent with section 284(b)(10) of title 10, United States Code; (E) leverage existing counterdrug and counter-transnational organized crime programs of the Department to counter fentanyl trafficking; (F) assess existing training programs of the Department and provide training for Federal, State, Tribal, and local law enforcement agencies conducted by special operations forces to counter fentanyl trafficking, consistent with section 284(b) of title 10, United States Code; (G) engage with foreign security forces to ensure the counterdrug and counter-transnational organized crime programs of the Department— (i) support efforts to counter fentanyl trafficking; and (ii) build capacity to interdict fentanyl in foreign countries, including programs to train security forces in partner countries to counter fentanyl trafficking, including countering illicit flows of fentanyl precursors, consistent with sections 284(c) and 333 of title 10, United States Code; (H) use the North American Defense Ministerial and the bilateral defense working groups and bilateral military cooperation round tables with Canada and Mexico to increase domain awareness to detect and monitor fentanyl trafficking; and (I) evaluate existing policies, procedures, processes, and resources that affect the ability of the Department to counter fentanyl trafficking consistent with existing counterdrug and counter-transnational organized crime authorities. (3) Form The strategy required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (4) Briefing Not later than 45 days after the submission of the strategy required by paragraph (1), the Secretary shall provide to the appropriate congressional committees a briefing on the strategy and plans for its implementation. (b) Report on law enforcement reimbursement The Secretary of Defense shall submit to the appropriate congressional committees a report on— (1) any goods or services provided under section 1535 of title 31, United States Code (commonly known as the Economy Act (2) any payments made for such goods or services under such section during such period. 4. Cooperation with Mexico (a) In general The Secretary of Defense shall seek to enhance cooperation with defense officials of the Government of Mexico to target, disrupt, and degrade transnational criminal organizations within Mexico that traffic fentanyl. (b) Report on enhanced security cooperation (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on efforts to enhance cooperation with defense officials of the Government of Mexico specified in subsection (a). (2) Contents The report required by paragraph (1) shall include— (A) an assessment of the impact of the efforts to enhance cooperation described in paragraph (1) on targeting, disrupting, and degrading fentanyl trafficking; (B) a description of limitations on such efforts, including limitations imposed by the Government of Mexico; (C) recommendations by the Secretary on actions to further improve cooperation with defense officials of the Government of Mexico; (D) recommendations by the Secretary on actions of the Department of Defense to further improve the capabilities of the Government of Mexico to target, disrupt, and degrade fentanyl trafficking; and (E) any other matter the Secretary considers relevant. (3) Form The report required by paragraph (1) may be submitted in unclassified form but shall include a classified annex. 5. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (2) Fentanyl The term fentanyl (3) Fentanyl-related substance The term fentanyl-related substance (A) means any substance that is structurally related to fentanyl by 1 or more modifications of— (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iv) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and (v) replacement of the N-propionyl group with another acyl group; and (B) does not include a substance described in subparagraph (A) that is— (i) controlled by action of the Attorney General pursuant to section 201 of the Controlled Substances Act ( 21 U.S.C. 811 (ii) expressly listed in Schedule I of section 202(c) of that Act ( 21 U.S.C. 812 (iii) removed from Schedule I, or rescheduled to another schedule, pursuant to section 201(k) of that Act ( 21 U.S.C. 811(k) (4) Illegal means The term illegal means (5) Security cooperation program The term security cooperation program (6) Transnational criminal organization (A) In general The term transnational criminal organization (B) Additional organizations The term transnational criminal organization
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Disrupt Fentanyl Trafficking Act of 2023
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Fort Gillem Defense Forensics Enhancement Act of 2023 This bill extends the funding authority for the military construction project at Fort Gillem, Georgia, until October 1, 2024, or the date on which military construction funds are authorized for FY2025, whichever is later.
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116 S1620 IS: Fort Gillem Defense Forensics Enhancement Act of 2023 U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1620 IN THE SENATE OF THE UNITED STATES May 16, 2023 Mr. Ossoff Mr. Warnock Committee on Armed Services A BILL To amend the Military Construction Authorization Act for Fiscal Year 2021 to extend the authorization for a construction project at Fort Gillem, Georgia. 1. Short title This Act may be cited as the Fort Gillem Defense Forensics Enhancement Act of 2023 2. Extension of authority to carry out Fort Gillem forensic laboratory project Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283
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Fort Gillem Defense Forensics Enhancement Act of 2023
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End Speculative Oil and Gas Leasing Act of 2023 This bill specifies requirements for the leasing of oil and gas resources on federal lands. The Bureau of Land Management (BLM), with respect to certain federal land that is covered by a reasonably foreseeable development scenario (i.e., a long-term projection of oil and gas development), must not offer the land for lease until such scenario includes an assessment of the land's oil and gas potential that specifically identifies the potential for all acres subject to decisions on availability for leasing. If certain federal land that is otherwise available for leasing of oil and gas resources is not covered by a reasonably foreseeable development scenario, the BLM must complete such a scenario prior to making the land available for lease in accordance with the requirements and factors described in this bill. In general, the BLM must not offer for lease certain federal land otherwise available for leasing of oil and gas resources if such land is designated in the applicable reasonably foreseeable development scenario as having low or no potential for the development of oil or gas resources. However, the bill provides for a variance process. With respect to each of these requirements, exceptions apply for federal land that is leased for the purpose of preventing oil or gas drainage or that meets specified requirements related to size and proximity to an oil- or gas-producing well.
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118 S1622 IS: End Speculative Oil and Gas Leasing Act of 2023 U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1622 IN THE SENATE OF THE UNITED STATES May 16, 2023 Ms. Cortez Masto Committee on Energy and Natural Resources A BILL To discourage speculative oil and gas leasing and to promote enhanced multiple use management of public land and National Forest System land, and for other purposes. 1. Short title This Act may be cited as the End Speculative Oil and Gas Leasing Act of 2023 2. Findings Congress finds that— (1) Federal land should be managed for multiple uses, resources, and values, including recreation use, grazing use, timber resources, mineral resources, watershed management, wildlife and fish habitat, and natural, scenic, scientific, and historic values; (2) section 17(a) of the Mineral Leasing Act ( 30 U.S.C. 226(a) known or believed to contain oil or gas deposits (3) (A) in determining whether a parcel of Federal land should be made available for oil and gas leasing and development, and in offering such a parcel for sale, the Secretary does not meaningfully take into consideration the oil and gas development potential of that parcel; and (B) as a result, the Secretary regularly offers and leases for oil and gas development Federal land that has no or low potential for the development of oil and gas resources (referred to in this section as no- or low-potential Federal land (4) (A) no- or low-potential Federal land is frequently leased for or near the minimum lease bid and rarely produce oil or gas resources; and (B) as a result, taxpayers in the United States receive minimal revenue from the leasing of no- or low-potential Federal land; (5) making no- or low-potential Federal land available for oil and gas leasing can result in leases being obtained for speculative purposes; (6) the Secretary wastes taxpayer resources in issuing and managing leases on no- or low-potential Federal land; (7) no- or low-potential Federal land frequently supports other economically important uses, resources, and values including the uses, resources, and values described in paragraph (1); (8) the existence of leases on no- and low-potential Federal land can and does limit the ability of the Secretary to support and enhance the uses, resources, and values described in paragraph (1); and (9) meaningful public participation in leasing decisions is essential and can help to ensure that the decisions of the Secretary are well-informed and based on current and reliable information and data. 3. Policy In accordance with Federal multiple use land management goals, it is the policy of the United States that— (1) the Secretary— (A) shall not, absent exceptional circumstances, offer for lease any Federal land that has low or no potential for the development of oil and gas resources; (B) shall discourage speculation in the Federal onshore oil and gas leasing program; and (C) by not offering for lease Federal land described in subparagraph (A), shall conserve limited Federal resources that can be better applied elsewhere; and (2) the policies described in paragraph (1) are in keeping with, and are not detrimental to, the energy security of the United States. 4. Definitions In this Act: (1) Drainage The term drainage (2) Federal land The term Federal land (A) public land; and (B) National Forest System land. (3) Land use plan The term land use plan (A) a land use plan required under sections 201 and 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1711 (B) a land and resource management plan developed by the Secretary of Agriculture pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 (4) Public land The term public land public lands 43 U.S.C. 1702 (5) Reasonably foreseeable development scenario The term reasonably foreseeable development scenario H—1624–1—Planning for Fluid Mineral Resources Federal Land Policy and Management Act of 1976 43 U.S.C. 1701 et seq. (6) Secretary The term Secretary 5. Federal land covered by reasonably foreseeable development scenario issued before date of enactment (a) In general With respect to Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 30 U.S.C. 351 et seq. (b) Exception for drainage (1) In general The Secretary may offer for lease any Federal land described in subsection (a) without meeting the requirements of that subsection if— (A) the Federal land is adjacent to and within 1 mile of a well producing oil and gas in paying quantities on the date on which the land is offered for leasing; (B)(i) the lease is issued for the purpose of preventing drainage from the adjacent land and the Secretary has determined that an economic well can be drilled; or (ii) the land is included in a State spacing unit; and (C) the Federal land does not exceed 1280 acres. (2) Requirement A lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law. 6. Federal land not covered by current reasonably foreseeable development scenario (a) In general (1) In general Except as provided in subsection (c), if the Secretary determines that Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 30 U.S.C. 351 et seq. (2) Requirements Any reasonably foreseeable development scenario issued on or after the date of enactment of this Act shall, at a minimum— (A) assess and designate all Federal land covered by the reasonably foreseeable development scenario as having high, moderate, low, or no potential for development of oil and gas resources; and (B) publish a map depicting the covered Federal land and the development potential for that Federal land designated under subparagraph (A). (3) Factors (A) In general In completing a reasonably foreseeable development scenario for Federal land, the Secretary shall take into consideration all relevant and available information, including— (i) past and present exploration and development activity in the vicinity, including historic trends; (ii) for each lease in the vicinity, the number, location, and types of wells drilled, the representative depth of wells drilled, the number and location of dry holes, the success ratio for wells drilled, and the location, production history, and life expectancy of producing fields; (iii) geological, geophysical, and geochemical information for the Federal land, including data and information from the United States Geological Survey, the Department of Energy, State agencies, industry, professional societies, academic sources, and the public; (iv) structural and stratigraphic data and information relating to basins, fields, and plays on the Federal land; and (v) data and information on the likelihood that economically recoverable oil and gas resources are present in a given area, including information submitted by experts and the public. (B) Explanation of factors The Secretary shall document how each factor described in subparagraph (A) and any other factors considered by the Secretary support the designation of the potential for development of oil and gas resources on the Federal land. (4) Opportunity for public participation In developing a reasonably foreseeable development scenario under this subsection, the Secretary shall— (A) notify the public that the reasonably foreseeable development scenario is being initiated; (B) publish a request for information for the reasonably foreseeable development scenario; (C) release a draft version of the reasonably foreseeable development scenario for a public review and comment for a period of not less than 60 days; and (D) consider and respond to public comments in the final version of the reasonably foreseeable development scenario. (b) Regular update (1) In general Not later than 15 years after the date of enactment of this Act, and not less frequently than every 15 years thereafter, the Secretary, consistent with subsection (a) and in cooperation with the Secretary of Agriculture with respect to National Forest System land, shall review and update all reasonably foreseeable development scenarios covering Federal land. (2) Prohibition Except as provided in subsection (c), the Secretary shall not offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 30 U.S.C. 351 et seq. (c) Exception for drainage (1) In general The Secretary may offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 30 U.S.C. 351 et seq. (A) the Federal land is adjacent to and within 1 mile of a well producing oil and gas in paying quantities on the date on which the land is offered for leasing; (B)(i) the lease is issued for the purpose of preventing drainage from the adjacent land and the Secretary has determined that an economic well can be drilled; or (ii) the land is included in a State spacing unit; and (C) the Federal land does not exceed 1280 acres. (2) Requirement A lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law. 7. Land having no or low development potential under a reasonably foreseeable development scenario (a) In general Except as provided in subsections (b) and (c), the Secretary shall not offer for lease any Federal land otherwise available for leasing of oil and gas resources pursuant to the Mineral Leasing Act ( 30 U.S.C. 181 et seq. 30 U.S.C. 351 et seq. (b) Exception for drainage (1) In general The Secretary may offer for lease any Federal land described in subsection (a) if— (A) the Federal land is adjacent to and within 1 mile of a well producing oil and gas in paying quantities on the date on which the land is offered for leasing; (B)(i) the lease is issued for the purpose of preventing drainage from the adjacent land and the Secretary has determined that an economic well can be drilled; or (ii) the land is included in a State spacing unit; and (C) the Federal land does not exceed 1280 acres. (2) Requirement A lease issued under paragraph (1) shall be consistent with the applicable land use plan and all other applicable law. (c) Variance process (1) In general An entity seeking to lease Federal land described in subsection (a) for purposes other than the purpose described in subsection (b)(1)(B)(i) may submit to the Secretary an application for a variance under which the applicant shall bear the full burden of establishing and documenting that providing a variance for the Federal land would— (A) be consistent with decisions contained in the land use plan in effect for the Federal land; (B) affect only areas— (i) with low wildlife, recreation, livestock, and other multiple-use resource values; and (ii) where impacts to those values arising from the variance can be mitigated; (C) optimize the use of existing infrastructure and avoid duplication of infrastructure and disruption of public land; (D) minimize adverse impacts on fish and wildlife habitats and migration and movement corridors in nearby areas; (E) cause no significant effects on species listed as endangered species or threatened species under the Endangered Species Act of 1973 16 U.S.C. 1531 et seq. (F) cause no cumulative impacts on air or water resources of concern that cannot be avoided or minimized; (G) cause no adverse impacts on— (i) units of the National Park System; (ii) units of the National Wildlife Refuge System; (iii) areas of critical environmental concern; (iv) components of the National Wilderness Preservation System; or (v) other special status areas, including State and local parks and wildlife and recreation areas; and (H) allow the Federal land to be developed in the public interest. (2) Opportunity for public participation (A) In general On receipt of an application for a variance under paragraph (1), the Secretary shall— (i) promptly notify the public that the application has been received; and (ii) provide the public with an opportunity to review and comment on the application, including any supporting documents, for a period of not less than 60 days. (B) Response The Secretary shall consider and respond in writing to any public comments received under subparagraph (A)(ii) before making a determination under paragraph (3)(A). (3) Granting of variance The Secretary may grant a variance for Federal land described in subsection (a) pursuant to an application submitted under paragraph (1), and offer that Federal land for lease, if— (A) the Secretary publishes in the Federal Register a determination that— (i) the applicant met the burden of establishing and documenting that the variance would meet the requirements described in paragraph (1); (ii) offering the Federal land for lease— (I) would not preclude the use of the Federal land for other uses, including grazing, fish and wildlife, and recreation uses; and (II) would be managed in accordance with the principles of multiple use (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 (iii) the variance is in the public interest; and (B) the Federal land— (i) is adjacent to land currently producing oil or gas in commercial quantities on the date on which the variance is granted; and (ii) does not exceed 1280 acres. (4) Requirement A lease issued under paragraph (3) shall be consistent with the applicable land use plan and all other applicable law. (5) Limitation The Secretary shall not grant more than 1 variance under this subsection per 5-year period to an applicant or to an entity under common ownership or control with the applicant. 8. Effect (a) Multiple use considerations Nothing in this Act, including a determination under a reasonably foreseeable development scenario issued pursuant to this Act that Federal land has high or moderate potential for development of oil and gas resources, alters— (1) the requirements under section 202(c) of the Federal Land Policy and Management Act of 1976 43 U.S.C. 1712(c) 30 U.S.C. 181 et seq. 30 U.S.C. 351 et seq. (2) the requirements of subsections (b) and (e) of section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 16 U.S.C. 1604 30 U.S.C. 181 et seq. 30 U.S.C. 351 et seq. (3) any other applicable requirements of law. (b) NEPA Nothing in this Act modifies, alters, or impacts the applicability of the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq.
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End Speculative Oil and Gas Leasing Act of 2023
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Fort Gordon Child Development Center Expansion Act This bill extends the funding authority for the military construction project related to a child development center at Fort Gordon, Georgia, until October 1, 2024, or the date on which military construction funds are authorized for FY2025, whichever is later.
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116 S1623 IS: Fort Gordon Child Development Center Expansion Act U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1623 IN THE SENATE OF THE UNITED STATES May 16, 2023 Mr. Ossoff Mr. Warnock Committee on Armed Services A BILL To extend the authority of the Department of the Army to carry out a child development center project in Fort Gordon, Georgia. 1. Short title This Act may be cited as the Fort Gordon Child Development Center Expansion Act 2. Extension of authority to carry out Fort Gordon child development center project (a) In general Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 10 U.S.C. 2802 (b) Project described The project described in this subsection is the following: Army: Extension of 2021 Project Authorizations State Installation or Location Project Original Authorized Amount Georgia Fort Gordon Child Development Center $21,000,000
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Fort Gordon Child Development Center Expansion Act
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America Grows Act of 2023 This bill permanently funds several agencies that perform agriculture research. The bill provides specified funding for the following agencies within the Department of Agriculture: the Agricultural Research Service, the Economic Research Service, the National Agricultural Statistics Service, and the National Institute of Food and Agriculture. The bill exempts the funding from sequestration, which is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals. It also exempts the budgetary effects of the funding from the Statutory Pay-As-You-Go Act of 2010 (PAYGO) and the Senate PAYGO rule.
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118 S1628 IS: America Grows Act of 2023 U.S. Senate 2023-05-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1628 IN THE SENATE OF THE UNITED STATES May 16, 2023 Mr. Durbin Mr. Moran Committee on Agriculture, Nutrition, and Forestry A BILL To prioritize funding for an expanded and sustained national investment in agriculture research. 1. Short title This Act may be cited as the America Grows Act of 2023 2. Funding (a) In general There is appropriated, out of any money in the Treasury not otherwise appropriated, to each funding recipient described in subsection (b) for the programs, projects, and activities of such funding recipient, the following amounts: (1) For fiscal year 2024, the amount equal to 105 percent of the amount of new budget authority made available in appropriation Acts for that funding recipient for fiscal year 2023, increased by the percentage increase (if any), during fiscal year 2023, in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics. (2) For each of fiscal years 2025 through 2033, the amount equal to 105 percent of the amount appropriated to that funding recipient under this subsection for the previous fiscal year, increased by the percentage increase (if any), during such previous fiscal year, in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics. (3) For fiscal year 2034, and each fiscal year thereafter, the amount appropriated under this paragraph for the previous fiscal year, increased by the percentage increase (if any), during such previous fiscal year, in the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics. (b) Funding recipients described The funding recipients described in this subsection are— (1) the Agricultural Research Service; (2) the Economic Research Service; (3) the National Agricultural Statistics Service; and (4) the National Institute of Food and Agriculture. (c) Availability Each amount appropriated under subsection (a) shall remain available for obligation through the last day of the fiscal year for which such amount is appropriated. 3. Exemption from sequestration (a) In general Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) Advances to the Unemployment Trust Fund and Other Funds (16–0327–0–1–600). Appropriations made available under section 2(a) of the America Grows Act of 2023 . (b) Applicability The amendment made by subsection (a) shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. 4. Budgetary effects (a) Statutory paygo scorecards The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010 ( 2 U.S.C. 933(d) (b) Senate paygo scorecards The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
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America Grows Act of 2023
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United States Cadet Nurse Corps Service Recognition Act of 2023 This bill recognizes service as a member of the U.S. Cadet Nurse Corps between July 1, 1943, and December 31, 1948, as active duty service. The active duty designation entitles qualifying individuals to certain benefits afforded to veterans, such as burial benefits (not including interment at Arlington National Cemetery) and honorary veteran status. Under the bill, the Department of Defense (DOD) must issue individuals who served in the corps during the specified period a discharge from their service under honorable conditions if such a discharge is warranted based on the duration and nature of the service. Such individuals are not entitled to Department of Veterans Affairs benefits aside from those related to burials and memorials. The bill also authorizes DOD to produce a service medal or other commendation, memorial plaque, or grave marker to honor the individuals.
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118 S1633 IS: United States Cadet Nurse Corps Service Recognition Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1633 IN THE SENATE OF THE UNITED STATES May 17, 2023 Ms. Warren Ms. Collins Mr. King Mr. Daines Mr. Menendez Mr. Tester Mr. Hoeven Ms. Klobuchar Mr. Blumenthal Ms. Stabenow Mr. Cramer Mr. Casey Mr. Boozman Mr. Van Hollen Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and for other purposes. 1. Short title This Act may be cited as the United States Cadet Nurse Corps Service Recognition Act of 2023 2. Recognition and honoring of service of individuals who served in United States Cadet Nurse Corps during World War II Section 106 of title 38, United States Code, is amended by adding at the end the following new subsection: (g) (1) (A) Service as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, of any individual who was honorably discharged therefrom pursuant to subparagraph (B) shall be considered active duty for purposes of eligibility and entitlement to benefits under chapters 23 and 24 of this title (including with respect to headstones and markers), other than such benefits relating to the interment of the individual in Arlington National Cemetery provided solely by reason of such service. (B) (i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. (ii) A discharge under clause (i) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that clause. (2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). (3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B). .
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United States Cadet Nurse Corps Service Recognition Act of 2023
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Department of Veterans Affairs Post-Traumatic Stress Disorder Processing Claims Improvement Act of 2023 This bill requires the Veterans Benefits Administration (VBA) within the Department of Veterans Affairs (VA) to update an ongoing, national training program for claims processors who review compensation claims for service-connected post-traumatic stress disorder (PTSD). Such claims processors will be required to participate in the training at least once a year starting in their second year of being a VA claims processor. The training program must be standardized at regional offices of the VBA and include instruction on stressor development and verification. The VBA must establish a formal process to annually analyze training needs based on identified processing error trends. Additionally, the VBA must establish a formal process to conduct annual studies to help guide the national training program for claims processors. Finally, the VBA must evaluate the guidance relating to PTSD to determine if updates are warranted to provide claims processors with better resources regarding best practices for claims processing, including specific guidance regarding development of claims involving compensation for service-connected PTSD.
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118 S1635 IS: Department of Veterans Affairs Post-Traumatic Stress Disorder Processing Claims Improvement Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1635 IN THE SENATE OF THE UNITED STATES May 17, 2023 Ms. Klobuchar Mr. Rounds Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to take certain actions to improve the processing by the Department of Veterans Affairs of claims for disability compensation for post-traumatic stress disorder, and for other purposes. 1. Short title This Act may be cited as the Department of Veterans Affairs Post-Traumatic Stress Disorder Processing Claims Improvement Act of 2023 2. Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder (a) Training for claims processors who handle claims relating to post-Traumatic stress disorder (1) Update training programs Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, acting through the Under Secretary for Benefits, update an ongoing, national training program for claims processors who review claims for compensation for service-connected post-traumatic stress disorder. (2) Participation required Beginning on the date that is 180 days after the date of the enactment of this Act, the Secretary shall require that each claims processor described in paragraph (1) participates in the training established under paragraph (1) at least once each year beginning in the second year in which the claims processor carries out the duties of the claims processor for the Department. (3) Required elements The training established under paragraph (1) shall include instruction on stressor development and verification. (b) Standardization of training at regional offices Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall standardize the training provided at regional offices of the Veterans Benefits Administration to the employees of such regional offices. (c) Formal process for conduct of annual analysis of trends Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to analyze, on an annual basis, training needs based on identified processing error trends. (d) Formal process for conduct of annual studies (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to conduct, on an annual basis, studies to help guide the national training program established under subsection (a)(1). (2) Elements Each study conducted under paragraph (1) shall cover the following: (A) Military post-traumatic stress disorder stressors. (B) Decision-making claims for claims processors. (e) Annual updates to post-Traumatic stress disorder procedural guidance Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary, acting through the Under Secretary, shall evaluate the guidance relating to post traumatic stress disorder to determine if updates are warranted to provide claims processors of the Department with better resources regarding best practices for claims processing, including specific guidance regarding development of claims involving compensation for service-connected posttraumatic stress disorder.
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Department of Veterans Affairs Post-Traumatic Stress Disorder Processing Claims Improvement Act of 2023
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Combating BDS Act of 2023 This bill allows a state or local government to adopt measures to divest its assets from entities using boycotts, divestments, or sanctions to influence Israel's policies. Such measures shall meet various requirements, including those related to written notice and comment. It also bars lawsuits against investment companies based solely on a company's decision to divest from entities that use boycotts, divestments, or sanctions to influence Israel's policies.
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118 S1637 IS: Combating BDS Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1637 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Rubio Mr. Cassidy Mr. Braun Mr. Scott of Florida Mr. Daines Mr. Hagerty Committee on Banking, Housing, and Urban Affairs A BILL To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes. 1. Short title This Act may be cited as the Combating BDS Act of 2023 2. Nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories (a) State and local measures Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (c) to divest the assets of the State or local government from, prohibit investment of the assets of the State or local government in, or restrict contracting by the State or local government for goods and services with— (1) an entity that the State or local government determines, using credible information available to the public, knowingly engages in an activity described in subsection (b); (2) a successor entity or subunit of an entity described in paragraph (1); or (3) an entity that owns or controls or is owned or controlled by an entity described in paragraph (1). (b) Activities described An activity described in this subsection is a commerce-related or investment-related boycott, divestment, or sanctions activity in the course of interstate or international commerce that is intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or persons doing business in Israel or Israeli-controlled territories for purposes of coercing political action by, or imposing policy positions on, the Government of Israel. (c) Requirements A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice The State or local government shall provide written notice— (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. (2) Timing A measure relating to divestment or investment shall apply to an entity not earlier than the date that is 90 days after the date on which written notice is provided to the entity under paragraph (1). (3) Opportunity for comment In the case of a measure relating to divestment or investment, the State or local government shall provide an opportunity to comment in writing to each entity to which the measure is to be applied. If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. (4) Disclosure in contracting measures The State or local government may require, in a measure relating to contracting, that a prospective contractor disclose whether the prospective contractor or any entity related to the prospective contractor as described in paragraph (2) or (3) of subsection (a) knowingly engages in any activity described in subsection (b) before entering into a contract. (5) Sense of Congress on avoiding erroneous targeting It is the sense of Congress that a State or local government should not adopt a measure under subsection (a) with respect to an entity unless the State or local government has made every effort to avoid erroneously targeting the entity and has verified that the entity engages in an activity described in subsection (b). (d) Notice to Department of Justice (1) In general Except as provided in paragraph (2), not later than 30 days after adopting a measure described in subsection (a), the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure. (2) Existing measures With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. (e) Nonpreemption A measure of a State or local government that is consistent with subsection (a) is not preempted by any Federal law. (f) Prior enacted measures (1) In general Notwithstanding any other provision of this section or any other provision of law, and except as provided in paragraph (2), a State or local government may enforce a measure described in subsection (a) adopted by the State or local government before the date of the enactment of this Act without regard to the requirements of subsection (c). (2) Application of notice and opportunity for comment Enforcement of a measure described in paragraph (1) shall be subject to the requirements of subsection (c) on and after the date that is 2 years after the date of the enactment of this Act. (g) Rules of construction (1) Authority of States Nothing in this section shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq. McCarran-Ferguson Act (2) Policy of the United States Nothing in this section shall be construed to alter the established policy of the United States concerning final status issues associated with the Palestinian-Israeli conflict, including border delineation, that can only be resolved through direct negotiations between the parties. (h) Definitions In this section: (1) Assets (A) In general Except as provided in subparagraph (B), the term assets (B) Exception The term assets 29 U.S.C. 1001 et seq. (2) Entity The term entity (A) any corporation, company, business association, partnership, or trust; and (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(3) (3) Investment The term investment (A) a commitment or contribution of funds or property; (B) a loan or other extension of credit; and (C) the entry into or renewal of a contract for goods or services. (4) Knowingly The term knowingly (5) State The term State (6) State or local government The term State or local government (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. 3. Safe harbor for changes of investment policies by asset managers Section 13(c)(1) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–13(c)(1) (1) in subparagraph (A), by striking ; or (2) in subparagraph (B), by striking the period at the end and inserting ; or (3) by adding at the end the following: (C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2023 . 4. Sense of Congress regarding certain ERISA plan investments It is the sense of Congress that— (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(3) (A) the fiduciary makes that determination using credible information that is available to the public; and (B) the fiduciary prudently determines that the result of that divestment or avoidance of investment would not be expected to provide the employee benefit plan with— (i) a lower rate of return than alternative investments with commensurate degrees of risk; or (ii) a higher degree of risk than alternative investments with commensurate rates of return; and (2) by divesting assets or avoiding the investment of assets as described in paragraph (1), the fiduciary is not breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a)(1) 5. Rule of construction Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.
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Combating BDS Act of 2023
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Empowering Law Enforcement Act of 2023 This bill addresses issues relating to immigration enforcement. The bill declares that state and local law enforcement have inherent authority to investigate and arrest individuals to assist federal immigration enforcement. (Currently, state and local law enforcement may take certain immigration enforcement actions upon entering into an agreement with U.S. Immigration and Customs Enforcement.) The Department of Homeland Security (DHS) must reimburse state and local law enforcement for the costs of holding or transporting a detained non-U.S. national (alien under federal law). DHS may detain an individual beyond the removal period (generally the window in which DHS must remove an individual after a final order of removal) upon making certain certifications, such as certifying that the individual's release would threaten community safety. DHS may renew this certification every six months after giving the individual an opportunity to request a reconsideration. An individual challenging such detention may only do so by applying for a writ of habeas corpus. Certain individuals subject to mandatory detention may be held without time limitation while removal proceedings are pending. DHS must detain an individual who is present in the United States without lawful status if the individual has been convicted for driving while intoxicated. DHS must establish a process to determine whether an individual not subject to mandatory detention and who has tried to comply with a removal order should be detained or released with conditions. The Department of Justice must include information about immigration law violations in the National Crime Information Center database.
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118 S1640 IS: Empowering Law Enforcement Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1640 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Tuberville Mrs. Blackburn Mr. Cassidy Committee on the Judiciary A BILL To provide for enhanced Federal enforcement of, and State and local assistance in the enforcement of, the immigration laws of the United States, and for other purposes. 1. Short title This Act may be cited as the Empowering Law Enforcement Act of 2023 2. State defined In this Act, the term State 8 U.S.C. 1101(a)(36) 3. Federal affirmation of immigration law enforcement by States and political subdivisions of States Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State or a political subdivision of a State have the inherent authority of a sovereign entity to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), for the purpose of assisting in the enforcement of the immigration laws of the United States in the normal course of carrying out their law enforcement duties. This State authority has never been displaced or preempted by Federal law. 4. Listing of immigration violators in the national crime information center database (a) Provision of information to the National Crime Information Center (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the National Crime Information Center of the Department of Justice (referred to in this section as the NCIC (A) any alien against whom a final order of removal has been issued; (B) any alien who is subject to a voluntary departure agreement; (C) any alien who has remained in the United States beyond the alien’s authorized period of stay; and (D) any alien whose visa has been revoked. (2) Requirement to provide and use information The information described in paragraph (1) shall be submitted to the NCIC, and the NCIC shall enter such information into the Immigration Violators File of the NCIC database, regardless of whether— (A) the alien received notice of a final order of removal; (B) the alien has already been removed; or (C) sufficient identifying information is available for the alien, such as a physical description of the alien. (b) Inclusion of information about immigration law violations in the NCIC database Section 534(a) of title 28, United States Code, is amended— (1) in paragraph (4), by striking and (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: (5) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States, regardless of whether the alien has received notice of the violation, sufficient identifying information is available for the alien, or the alien has already been removed; and. . (c) Permission To depart voluntarily Section 240B of the Immigration and Nationality Act ( 8 U.S.C. 1229c (1) by striking Attorney General Secretary of Homeland Security (2) in subsection (a)(2)(A), by striking 120 days 30 days 5. Federal custody of illegal aliens apprehended by State or local law enforcement (a) In general Title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. 240D. Transfer of illegal aliens from State to Federal custody (a) Defined term In this section, the term illegal alien (1) entered the United States without inspection or at any time or place other than that designated by the Secretary of Homeland Security; (2) after entering the United States with inspection at a time and place designated by the Secretary of Homeland Security, was granted parole into the United States; (3) was admitted as a nonimmigrant and, at the time the alien was taken into custody by the State or political subdivision, had failed— (A) to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or (B) to comply with the conditions of the status described in subparagraph (A); (4) was admitted as an immigrant and subsequently failed to comply with the requirements of such status; or (5) failed to depart the United States as required under a voluntary departure agreement or under a final order of removal. (b) In general If a member of a law enforcement entity of a State (or, if appropriate, a political subdivision of the State), exercising authority with respect to the apprehension or arrest of an illegal alien, submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary shall— (1) (A) not later than 48 hours after the conclusion of the State charging process or dismissal process (or if no State charging or dismissal process is required, not later than 48 hours after the alien is apprehended), take the alien into the custody of the Federal Government and incarcerate the alien; or (B) request that the relevant State or local law enforcement agency temporarily detain or transport the alien to a location for transfer to Federal custody; and (2) designate at least 1 Federal, State, or local prison or jail or a private contracted prison or detention facility within each State as the central facility for law enforcement entities of such State to transfer custody of criminal or illegal aliens to the Department of Homeland Security. (c) Reimbursement (1) In general The Secretary of Homeland Security shall reimburse a State or a political subdivision of a State for all reasonable expenses, as determined by the Secretary, incurred by the State or political subdivision in the detention and transportation of a criminal or illegal alien under subsection (b)(1). (2) Cost computation The amount reimbursed for costs incurred in the detention and transportation of a criminal or illegal alien under subsection (b)(1) shall be equal to the sum of— (A) the product of— (i) the average cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of the State (or, as appropriate, a political subdivision of the State); and (ii) the number of days that the alien was in the custody of the State or political subdivision; and (B) the cost of transporting the criminal or illegal alien from the point of apprehension or arrest to— (i) the location of detention; and (ii) if the location of detention and of custody transfer are different, to the custody transfer point. (d) Requirement for appropriate security The Secretary of Homeland Security shall ensure that illegal aliens incarcerated in Federal facilities under this section are held in facilities that provide an appropriate level of security. (e) Schedule requirement (1) In general In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transfer of apprehended illegal aliens from the custody of States and political subdivisions of States to Federal custody. (2) Authority for contracts The Secretary of Homeland Security may enter into contracts with appropriate State and local law enforcement and detention officials to implement this section. . (b) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. Sec. 240D. Transfer of illegal aliens from State to Federal custody. . 6. Detention of dangerous aliens (a) In general Section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) (1) by striking Attorney General Secretary of Homeland Security (2) in paragraph (1)— (A) by striking 90 60 (B) by striking subparagraphs (B) and (C) and inserting the following: (B) Beginning of period The removal period begins on the latest of— (i) the date on which the order of removal becomes administratively final; (ii) if the alien is not in the custody of the Secretary of Homeland Security on the date on which the order of removal becomes administratively final, the date on which the alien is taken into such custody; or (iii) if the alien is detained or confined (except under an immigration process) on the date on which the order of removal becomes administratively final, the date on which the alien is taken into the custody of the Secretary of Homeland Security after the alien is released from such detention or confinement. (C) Extension of period (i) In general The removal period shall be extended beyond a period of 60 days and the Secretary of Homeland Security may, in the Secretary’s sole discretion, keep the alien in detention during such extended period if— (I) the alien fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including— (aa) making timely application in good faith for travel or other documents necessary for the alien’s departure; or (bb) conspiring or acting to prevent the removal of an alien that is subject to an order of removal; (II) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal; (III) the Secretary lawfully transfers custody of the alien to another Federal agency or to a State or local government agency in connection with the official duties of such agency; or (IV) a court or the Board of Immigration Appeals orders a remand to the immigration judge or to the Board of Immigration Appeals while the case is pending a decision on remand (with the removal period beginning anew on the date on which the alien is ordered removed on remand). (ii) Renewal If the removal period has been extended pursuant to clause (i), a new removal period shall begin on the date on which— (I) the alien makes all reasonable efforts to comply with the removal order or to fully cooperate with the Secretary of Homeland Security’s efforts to establish the alien’s identity and carry out the removal order; (II) the stay of removal is no longer in effect; or (III) the alien is returned to the custody of the Secretary. (iii) Mandatory detention for certain aliens The Secretary shall keep an alien described in section 236(c)(1) in detention during the extended period described in clause (i). (iv) Sole form of relief An alien may seek relief from detention under this subparagraph by filing an application for a writ of habeas corpus in accordance with chapter 153 ; (3) in paragraph (3)— (A) by inserting or is not detained pursuant to paragraph (6) removal period (B) in subparagraph (D), by inserting in order to prevent the alien from absconding, for the protection of the community, or for other purposes related to the enforcement of the immigration laws (4) in paragraph (4)(A), by striking paragraph (2) in subparagraph (B) (5) by amending paragraph (6) to read as follows: (6) Additional rules for detention or release of certain aliens (A) Detention review process for cooperative aliens (i) In general The Secretary of Homeland Security shall establish an administrative review process to determine whether an alien who is not otherwise subject to mandatory detention, who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary’s efforts to establish the alien’s identity and to carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure, and who has not conspired or acted to prevent removal, should be detained or released on conditions. (ii) Determination The Secretary of Homeland Security shall determine whether to release an alien after the removal period in accordance with subparagraph (B). Such determination shall include the consideration of any evidence submitted by the alien and may include the consideration of any other evidence, including any information or assistance provided by the Secretary of State or other Federal official and any other information available to the Secretary of Homeland Security pertaining to the ability to remove the alien. (B) Authority to detain beyond removal period (i) In general The Secretary of Homeland Security, in the sole discretion of the Secretary, may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period under paragraph (1)(C)). An alien whose detention is extended under this subparagraph is not entitled to seek release on bond. (ii) Specific circumstances The Secretary of Homeland Security, in the sole discretion of the Secretary, may continue to detain an alien beyond the 90 days authorized under clause (i)— (I) until the alien is removed, if the Secretary, in the sole discretion of the Secretary, determines that there is a significant likelihood that the alien— (aa) will be removed in the reasonably foreseeable future; or (bb) would be removed in the reasonably foreseeable future, or would have been removed, but for the alien’s failure or refusal to make all reasonable efforts to comply with the removal order, or to cooperate fully with the Secretary’s efforts to establish the alien’s identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien’s departure, or conspires or acts to prevent removal; (II) until the alien is removed, if the Secretary of Homeland Security certifies in writing— (aa) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety; (bb) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States; (cc) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; or (dd) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or any person, or either— (AA) the alien has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)(A)), of 1 or more crimes identified by the Secretary of Homeland Security by regulation, or of 1 or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, if the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or (BB) the alien has committed 1 or more crimes of violence (as defined in section 16 of title 18, United States Code), excluding purely political offenses, and the alien, because of a mental condition or personality disorder and behavior associated with such condition or disorder, is likely to engage in acts of violence in the future; or (III) pending a certification under subclause (II), if the Secretary of Homeland Security initiates the administrative review process not later than 30 days after the expiration of the removal period (including any extension of the removal period under paragraph (1)(C)). (iii) No right to bond hearing An alien whose detention is extended under this subparagraph is not entitled to seek release on bond, including by reason of a certification under clause (ii)(II). (C) Renewal and delegation of certification (i) Renewal The Secretary of Homeland Security may renew a certification under subparagraph (B)(ii)(II) every 6 months, after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew the certification, the Secretary may not continue to detain the alien under subparagraph (B)(ii)(II). (ii) Delegation Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in item (bb), (cc), or (dd) of subparagraph (B)(ii)(II) below the level of the Assistant Secretary for Immigration and Customs Enforcement. (iii) Hearing The Secretary of Homeland Security may request that the Attorney General or the Attorney General’s designee provide for a hearing to make the determination described in item (dd)(BB) of subparagraph (B)(ii)(II). (D) Release on conditions If a Federal court or the Board of Immigration Appeals determines that an alien should be released from detention or if an immigration judge orders a stay of removal, the Secretary of Homeland Security, in discretion of the Secretary, may impose conditions on release in accordance with paragraph (3). (E) Redetention (i) In general The Secretary of Homeland Security, in the discretion of the Secretary, without any limitations other than those specified in this section, may redetain any alien subject to a final removal order who is released from custody if— (I) removal becomes likely in the reasonably foreseeable future; (II) the alien fails to comply with the conditions of release or to continue to satisfy the conditions described in subparagraph (A); or (III) upon reconsideration, the Secretary, in the sole discretion of the Secretary, determines that the alien can be detained under subparagraph (B). (ii) Applicability This section shall apply to any alien returned to custody pursuant to this subparagraph as if the removal period terminated on the first day of such redetention. (F) Review of determinations by secretary A determination by the Secretary of Homeland Security under this paragraph shall not be subject to review by any other agency. . (b) Detention of aliens during removal proceedings Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 (1) by striking Attorney General Secretary of Homeland Security (2) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting the Secretary of Homeland Security or the Attorney General— (B) in paragraph (2)(B), by striking conditional parole; recognizance; (3) in subsection (b), by striking parole recognizance (4) in subsection (c), by amending paragraph (1) to read as follows: (1) Custody (A) In general The Secretary of Homeland Security shall take into custody any alien described in paragraph (2) or (3) of section 212(a) or paragraph (2) or (4) of section 237(a), or who has no lawful status in the United States and has been convicted for driving while intoxicated (including a conviction for driving while under the influence or impaired by alcohol or drugs), any time after the alien is released, regardless of whether the alien— (i) is released related to any activity, offense, or conviction described in this paragraph; (ii) is released on parole, supervised release, or probation; or (iii) may be arrested or imprisoned again for the same offense. (B) Subsequent custody If activity, offense, or conviction described in subparagraph (A) does not result in the alien being taken into custody, the Secretary of Homeland Security shall take such alien into custody— (i) when the alien is brought to the attention of the Secretary; or (ii) when the Secretary determines it is practical to take such alien into custody. . (5) in subsection (e), by striking Attorney General’s Secretary of Homeland Security’s (6) by adding at the end the following: (f) Length of detention (1) In general Notwithstanding any other provision of this section, an alien may be detained under this section, and an alien described in subsection (c) shall be detained, without time limitation, except as provided in subsection (g), during the pendency of removal proceedings. (2) Construction The length of detention under this section shall not affect a detention authorized under section 241. (g) Release on bond (1) In general An alien detained under subsection (a) may seek release on bond in an amount that is not less than $10,000. No bond may be granted under this paragraph unless the alien establishes, by clear and convincing evidence, that the alien is not a flight risk or a risk to another person or to the community. (2) Certain aliens ineligible No alien detained pursuant to subsection (c) may seek release on bond. . (c) Effective dates (1) Subsection (a) The amendments made by subsection (a) shall take effect upon the date of the enactment of this Act, and section 241 of the Immigration and Nationality Act, as amended by subsection (a), shall apply to— (A) all aliens subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act; and (B) acts and conditions occurring or existing before, on, or after such date. (2) Subsection (b) The amendments made by subsection (b) shall take effect upon the date of the enactment of this Act, and section 236 of the Immigration and Nationality Act, as amended by subsection (b), shall apply to any alien in detention under provisions of such section on or after such date. 7. Immigration law enforcement training of State and local law enforcement personnel (a) Training manual and pocket guide (1) Publication Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish— (A) a training manual for State and local law enforcement personnel to train such personnel in the investigation, identification, apprehension, arrest, detention, and transfer to Federal custody of aliens in the United States, including— (i) the transportation of such aliens across State lines to detention centers; and (ii) the identification of fraudulent documents; and (B) an immigration enforcement pocket guide for State and local law enforcement personnel to provide a quick reference for such personnel in the course of duty. (2) Availability The training manual and pocket guide published under paragraph (1) shall be made available to all State and local law enforcement personnel. (3) Applicability Nothing in this subsection may be construed to require State or local law enforcement personnel to keep the training manual or pocket guide with them while on duty. (4) Costs The Secretary shall be responsible for all costs incurred in the publication of the training manual and pocket guide under this subsection. (b) Training flexibility (1) In general The Secretary of Homeland Security shall make training available to State and local law enforcement officers through as many means as possible, including— (A) residential training at— (i) the Federal Law Enforcement Training Center (referred to in this subsection as FLETC (ii) the Center for Domestic Preparedness of the Federal Emergency Management Agency in Anniston, Alabama; (B) onsite training held at State or local police agencies or facilities; (C) online training courses by computer, teleconferencing, and videotape; and (D) recording training courses on DVD. (2) Online training The head of the FLETC Learning Center shall make training available for State and local law enforcement personnel through the internet using a secure, encrypted distributed learning system that— (A) has all its servers based in the United States; (B) is sealable and survivable; and (C) is capable of having a portal in place not later than 30 days after the date of the enactment of this Act. (3) Federal personnel training The training of State and local law enforcement personnel under this section may not displace the training of Federal personnel. (c) Rule of construction Nothing in this Act or in any other provision of law may be construed as making any immigration-related training a requirement for, or a prerequisite to, any State or local law enforcement officer exercising the inherent authority of the officer to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody illegal aliens during the normal course of carrying out the law enforcement duties of the officer. (d) Training limitation Section 287(g) of the Immigration and Nationality Act ( 8 U.S.C. 1357(g) (1) by striking Attorney General Secretary of Homeland Security (2) in paragraph (2), by adding at the end the following: Training described in this paragraph may not exceed 14 days or 80 hours, whichever is longer. 8. Immunity (a) Personal immunity (1) In general Notwithstanding any other provision of law, a law enforcement officer of a State or of a political subdivision of a State shall be immune from personal liability arising out of the enforcement of any immigration law to the same extent as a Federal law enforcement officer is immune. (2) Applicability The immunity provided under paragraph (1) only applies to an officer of a State, or of a political subdivision of a State, who is acting within the scope of such officer’s official duties. (b) Agency immunity Notwithstanding any other provision of law, a law enforcement agency of a State, or of a political subdivision of a State, shall be immune from any claim for money damages based on Federal, State, or local civil rights law for an incident arising out of the enforcement of any immigration law, except to the extent that the law enforcement officer of that agency, whose action the claim involves, committed a violation of Federal, State, or local criminal law in the course of enforcing such immigration law.
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Empowering Law Enforcement Act of 2023
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ReConnecting Rural America Act of 2023 This bill merges the pilot ReConnect Loan and Grant Program with existing loans and grants provided by the Department of Agriculture (USDA) to facilitate broadband access to rural areas that lack sufficient access to broadband. It also requires that any unobligated amounts available for the pilot program be transferred and made available, without further appropriations, to the merged program. The bill authorizes the merged program through FY2028. The bill specifies the eligibility criteria and other requirements that apply to the merged program, some of which are the same as the criteria and requirements that currently apply to the pilot program (e.g., the required minimum upload and download speeds). Further, the bill (1) eliminates the authority of USDA to make loan guarantees, and (2) authorizes USDA to make combinations of grants and loans. The bill also requires that recipients of grants and loans participate in specified federal programs that assist low-income individuals access broadband and telecommunication services.
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115 S1642 IS: ReConnecting Rural America Act of 2023 U.S. Senate 2023-05-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1642 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Welch Mr. Marshall Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Rural Electrification Act of 1936 to establish the ReConnect program under that Act, and for other purposes. 1. Short title This Act may be cited as the ReConnecting Rural America Act of 2023 2. Access to broadband telecommunications services in rural areas (a) In general Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb (1) by striking subsections (a) through (f) and inserting the following: (a) Purpose The purpose of this section is to provide assistance in the form of grants, loans, and combinations of grants and loans for the costs of the construction, improvement, and acquisition of facilities and equipment for broadband service in rural areas. (b) Definitions In this section: (1) Broadband service The term broadband service (2) Rural area (A) In general The term rural area (i) an area described in clause (i) or (ii) of section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(A) (ii) a city, town, or incorporated area that has a population of greater than 20,000 inhabitants. (B) Urban area growth The Secretary may, by regulation only, consider an area described in section 343(a)(13)(F)(i)(I) of that Act to not be a rural area for purposes of this section. (C) Exclusion of certain populations The term rural area 7 U.S.C. 1991(a)(13) (c) Grants, loans, and combinations (1) In general The Secretary shall make grants, loans, and combinations of grants and loans to eligible entities described in subsection (d) to provide funds for the construction, improvement, or acquisition of facilities and equipment for the provision of broadband service in rural areas. (2) Project eligibility To be eligible for a grant, loan, or grant and loan combination under paragraph (1), in addition to the requirements of subsection (d), the project that is the subject of the grant, loan, or grant and loan combination shall— (A) provide broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 100-Mbps upstream transmission capacity; and (B) subject to paragraph (4), be carried out in a proposed service territory in which at least 75 percent of the households lack access to broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 20-Mbps upstream transmission capacity. (3) Priority In making grants, loans, and grant and loan combinations under paragraph (1), the Secretary— (A) shall give priority to applications for projects to provide broadband service in a proposed service territory in which at least 90 percent of households lack access to broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 20-Mbps upstream transmission capacity; and (B) may give priority to applications for projects to provide broadband service— (i) in proposed service territories— (I) with a population of less than 10,000 permanent residents; (II) that are experiencing outmigration and have adopted a strategic community investment plan under section 379H(d) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008v(d) (III) with a high percentage of low income families or persons (as defined in section 501(b) of the Housing Act of 1949 ( 42 U.S.C. 1471(b) (IV) that are isolated from other significant population centers; (ii) that would ensure that all laborers and mechanics employed by contractors or subcontractors on the construction work performed on projects financed, in whole or in part, with the grant, loan, or grant and loan combination shall be paid wages at rates not less than those prevailing on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; (iii) that would provide rapid and expanded deployment of fixed and mobile broadband service on cropland and ranchland within the service territory for use in various applications of precision agriculture; or (iv) submitted by an eligible entity that has provided broadband service or other utility service for not less than 5 years in rural areas in the State in which the project would be carried out. (4) Additional requirements for grant-only awards To be eligible for assistance under paragraph (1) in the form of a grant only, in addition to the requirements of subsection (d)— (A) an entity shall be— (i) a Tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (ii) a colonia; (iii) a persistent poverty county, as determined by the Secretary; or (iv) a socially vulnerable community, as determined by the Secretary; or (B) the project that is the subject of the grant shall be carried out in a proposed service territory in which at least 90 percent of households lack access to broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 20-Mbps upstream transmission capacity. (d) Eligibility (1) Eligible entities (A) In general To be eligible to obtain a grant, loan, or grant and loan combination under subsection (c), an entity shall— (i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (ii) agree to complete buildout of the broadband infrastructure described in the application by not later than 5 years after the initial date on which assistance under subsection (c) is made available; and (iii) participate or agree to participate in— (I) the Affordable Connectivity Program established under section 904(b) of division N of the Consolidated Appropriations Act, 2021 ( 47 U.S.C. 1752(b) (II) the Lifeline program under subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation); or (III) any successor Federal internet affordability assistance program. (B) Inclusions An entity eligible to obtain a grant, loan, or grant and loan combination under subsection (c) may include— (i) a State or local government, including any agency, subdivision, instrumentality, or political subdivision of a State or local government; (ii) a territory or possession of the United States; (iii) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (iv) a cooperative or mutual organization; (v) an organization of 2 or more incorporated areas that have established an intermunicipal legal agreement for the purpose of delivering communication services to residents; (vi) a corporation; and (vii) a limited liability company or limited liability partnership. (C) Ineligible entities An individual or legal general partnership that is formed with individuals shall not be eligible to obtain a grant, loan, or grant and loan combination under subsection (c). (D) Limitation (i) In general An eligible entity described in this paragraph that provides telecommunications or broadband service to at least 20 percent of the households in the United States may not receive an amount of funds under this section for a fiscal year in excess of 15 percent of the funds authorized and appropriated under subsection (i) for the fiscal year. (ii) States and State agencies and instrumentalities A State or an agency or instrumentality of a State may not, in total, receive an amount of funds under this section for a fiscal year in excess of 15 percent of the funds authorized and appropriated under subsection (i) for the fiscal year. (E) Previous awards An entity to which a grant, loan, or grant and loan combination is made under subsection (c) shall not use the grant, loan, or grant and loan combination to deploy broadband service in a service area in which broadband service is deployed by any other entity that has received a broadband grant or loan from the Rural Utilities Service, the National Telecommunications and Information Administration, the Department of the Treasury, the Federal Communications Commission, or a State broadband grant program, unless the service provided by the other entity does not provide to at least 75 percent of the households in the service area access to broadband service of at least— (i) a 100-Mbps downstream transmission capacity; and (ii) a 20-Mbps upstream transmission capacity. (2) Equity requirements (A) In general The Secretary may require an entity to provide a cost share in an amount not to exceed 25 percent of the amount of the grant (including the grant in a grant and loan combination) under subsection (c) requested in the application of the entity. (B) Waiver The Secretary may waive the cost share requirement under subparagraph (A) for entities or projects described in subsection (c)(4). (3) Technical assistance and training (A) In general The Secretary may provide to eligible entities described in paragraph (1) that are applying for assistance under this section for a project described in subsection (c)(3)(A) technical assistance and training— (i) to prepare reports and surveys necessary to request grants, loans, and grant and loan combinations under this section for broadband deployment; (ii) to improve management, including financial management, relating to the proposed broadband deployment; (iii) to prepare applications for grants, loans, and grant and loan combinations under this section; or (iv) to assist with other areas of need identified by the Secretary. (B) Funding Not less than 3 percent and not more than 5 percent of amounts appropriated under subsection (i) to carry out this section for a fiscal year shall be used for technical assistance and training under this paragraph. (e) Broadband service (1) In general Subject to paragraph (2), for purposes of this section, the minimum acceptable level of broadband service for a rural area shall be at least— (A) a 100-Mbps downstream transmission capacity; and (B) a 100-Mbps upstream transmission capacity. (2) Adjustments At least once every 2 years, the Secretary shall review, and may adjust through notice published in the Federal Register, the minimum acceptable level of broadband service established under paragraph (1) and broadband buildout requirements under paragraph (3) to ensure that high-quality, cost-effective broadband service is provided to rural areas over time. (3) Broadband buildout requirements (A) Definition of broadband buildout requirement In this paragraph, the term broadband buildout requirement (B) Establishment of broadband buildout requirements The Secretary shall establish broadband buildout requirements that— (i) utilize the same metrics used to define the minimum acceptable level of broadband service under paragraph (1); and (ii) reasonably ensure— (I) the repayment of all loans; and (II) the financed network is technically capable of providing broadband service for the lifetime of any project-related agreement. (C) Substitute service standards for unique service territories (i) In general If an applicant shows that it would be cost prohibitive to meet the broadband buildout requirements established under this paragraph for the entirety of a proposed service territory due to the unique characteristics of the proposed service territory, the Secretary and the applicant may agree to utilize substitute standards for any unserved portion of the project. (ii) Requirement Any substitute service standards described in clause (i) should continue to consider the best technology available to meet the needs of the residents in the unserved area. ; (2) by redesignating subsections (g), (h), and (i) as subsections (f), (g), and (h), respectively; (3) in subsection (f) (as so redesignated)— (A) in the subsection heading, by striking Loans and Loan Guarantees Loans (B) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking or loan guarantee (ii) in subparagraph (A)— (I) by striking clause (ii); (II) by striking Secretary— in the case Secretary in the case (III) by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately; (4) in subsection (g) (as so redesignated), by striking or loan guarantee (5) in subsection (h) (as so redesignated), in paragraph (1), by striking 1974) 1974 ( 2 U.S.C. 661a (6) by striking subsections (j) and (k) and inserting the following: (i) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out subsections (a) through (h) $650,000,000 for each of fiscal years 2024 through 2028, to remain available until expended. (2) Administration Not more than 5 percent of the amounts made available under paragraphs (1) and (3) shall be available to the Secretary for the administration of subsections (a) through (h). (3) Direct funding (A) Rescission There is rescinded the unobligated balance of amounts made available to carry out section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 (B) Direct funding On the day after the execution of the rescission in subparagraph (A), there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, an amount equal to the amount rescinded in subparagraph (A), to carry out subsections (a) through (h), to remain available until expended. (j) Additional rural broadband program loans (1) In general The Secretary may provide direct loans in accordance with the requirements under this section, as in effect on the day before the date of enactment of the ReConnecting Rural America Act of 2023 (2) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $350,000,000 for each of fiscal years 2024 through 2028, to remain available until expended. (k) Termination of authority No grant, loan, or grant and loan combination may be made under this section after September 30, 2028. . (b) Sunset Beginning on the date that is 120 days after the date of enactment of this Act, section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141
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ReConnecting Rural America Act of 2023
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Reclaiming the Solar Supply Chain Act of 2023 This bill requires the Department of Energy (DOE) to establish a program that awards grants and direct loans to support a solar component manufacturing supply chain. Under the program, DOE must award grants and loans to manufacturers and other eligible entities for (1) constructing new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture solar components.
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118 S1643 IS: Reclaiming the Solar Supply Chain Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1643 IN THE SENATE OF THE UNITED STATES May 17, 2023 Ms. Cortez Masto Ms. Baldwin Mr. Brown Mrs. Feinstein Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to carry out a program to provide grants and loans to support and expand the domestic solar component manufacturing supply chain, and for other purposes. 1. Short title This Act may be cited as the Reclaiming the Solar Supply Chain Act of 2023 2. Solar component manufacturing supply chain assistance (a) Definitions In this section: (1) Advanced solar technology The term advanced solar technology (2) Direct current optimizer The term direct current optimizer (3) Direct loan The term direct loan 2 U.S.C. 661a (4) Eligible entity The term eligible entity (5) Employee; employer The terms employee employer 29 U.S.C. 152 (6) Forced labor The term forced labor Tariff Act of 1930 19 U.S.C. 1307 (7) Integrated module The term integrated module (A) is suitable to generate electricity when exposed to sunlight; and (B) is ready for installation without additional manufacturing processes. (8) Inverter The term inverter (9) Labor organization The term labor organization 29 U.S.C. 152 (10) Non-allied foreign nation The term non-allied foreign nation covered nation (11) Photovoltaic cell The term photovoltaic cell (12) Photovoltaic wafer The term photovoltaic wafer (A) (i) directly from molten solar grade polysilicon or deposition of solar grade thin film semiconductor photon absorber layer; or (ii) through formation of an ingot from molten polysilicon and subsequent slicing; and (B) that comprises the substrate or absorber layer of 1 or more photovoltaic cells. (13) Program The term program (14) Racking The term racking (15) Secretary The term Secretary (16) Solar component The term solar component (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; (E) a solar module; (F) an inverter; (G) racking; (H) a tracker; (I) a direct current optimizer; and (J) any advanced solar technology for which the Secretary has issued a written finding under subsection (g). (17) Solar grade polysilicon The term solar grade polysilicon (A) is suitable for use in photovoltaic manufacturing; and (B) is purified to a minimum purity of 99.999999 percent silicon by mass. (18) Solar module The term solar module (A) is suitable to generate electricity when exposed to sunlight; and (B) is ready for installation without an additional manufacturing process. (19) Tracker The term tracker (A) a structural steel support on which solar modules are supported; and (B) the mechanism by which that support is oriented to varying angles with respect to the position of the sun. (20) Traditional solar component The term traditional solar component (A) an integrated module; (B) a photovoltaic cell; (C) a photovoltaic wafer; (D) solar grade polysilicon; and (E) a solar module. (b) Findings Congress finds that it is in the interest of the United States— (1) to have a viable solar component manufacturing supply chain; and (2) to reduce the reliance of United States manufacturers on solar components made in the People's Republic of China. (c) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to award grants and direct loans to eligible entities to carry out projects in the United States for— (1) the construction of new facilities that manufacture solar components; and (2) retooling, retrofitting, or expanding existing facilities that manufacture, or have the ability to manufacture, solar components. (d) Application To be eligible to receive a grant or direct loan under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (e) Selection In awarding grants and direct loans under the program, the Secretary shall take into consideration whether a project proposed by an eligible entity— (1) is strategically located near manufacturers in the solar component manufacturing supply chain to create a geographic concentration of manufacturers in the solar component manufacturing supply chain; (2) has potential to materially reduce the reliance of United States manufacturers on solar components, including solar grade polysilicon and photovoltaic wafers, made in a non-allied foreign nation; (3) has potential for direct and indirect domestic job creation, including jobs for low-income communities, dislocated workers, and workers from groups that are underrepresented in the manufacturing industry; and (4) will result in economic development or economic diversification in economically distressed regions or localities. (f) Direct loan conditions A direct loan made under the program shall— (1) bear interest at a rate that does not exceed a level that the Secretary determines appropriate; and (2) be subject to such other terms and conditions as the Secretary determines appropriate. (g) Advanced solar technology finding The Secretary may issue a written finding that an advanced solar technology has significant potential to reduce the reliance of United States manufacturers on traditional solar components made in a non-allied foreign nation. (h) Prohibition In carrying out the program, the Secretary may not award a grant or direct loan for a project that will source solar components from, or supply solar components to, facilities that use forced labor or are owned and operated by a non-allied foreign nation. (i) Cost sharing for grants Section 988(c) of the Energy Policy Act of 2005 ( 42 U.S.C. 16352(c) (j) Prevailing wages (1) In general Any laborer or mechanic employed by any contractor or subcontractor in the performance of work funded directly, or assisted in whole or in part, by the Federal Government pursuant to this section shall be paid wages at rates not less than those prevailing on work of a similar character in the locality, as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the Davis-Bacon Act (2) Authority With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code. (k) Labor-Management cooperation (1) In general Notwithstanding any contrary provision of law, including the National Labor Relations Act ( 29 U.S.C. 151 et seq. (2) Labor peace Any employer receiving funds under this section shall recognize for purposes of collective bargaining a labor organization that demonstrates that a majority of the employees in a unit appropriate for such purposes who perform or will perform work funded by this section have signed valid authorizations designating the labor organization as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit who perform or will perform such work pursuant to the National Labor Relations Act ( 29 U.S.C. 151 et seq. (A) has determined that the labor organization represents a majority of the employees in such unit who perform or will perform such work; and (B) is recognizing the labor organization as the exclusive representative of the employees in such unit who perform or will perform such work for the purposes of collective bargaining pursuant to section 9 of the National Labor Relations Act ( 29 U.S.C. 159 (3) Certification If a dispute over majority status or the appropriateness of the unit described in paragraph (2) arises between the employer and the labor organization, either party may request that the National Labor Relations Board investigate and resolve the dispute. If the Board finds that a majority of the employees in a unit appropriate for purposes of collective bargaining who perform or will perform work funded under this section has signed valid authorizations designating the labor organization as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit who perform or will perform such work pursuant to the National Labor Relations Act, the Board shall not direct an election but shall certify the labor organization as the representative described in section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) (4) Commencement of collective bargaining Not later than 10 days after an employer receiving funding under this section receives a written request for collective bargaining from a recognized or certified labor organization representing employees who perform or will perform work funded under this section, or within such period as the parties agree upon, the labor organization and employer shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. (5) Mediation If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (4), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Upon receiving such a request, the Director of the Federal Mediation and Conciliation Service shall promptly communicate with the parties and use best efforts, by mediation and conciliation, to bring them to agreement. (6) Arbitration (A) In general If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which a request for mediation is made under paragraph (5), or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service. (B) Members A tripartite arbitration panel established under this paragraph with respect to a dispute shall be composed of 1 member selected by the labor organization, 1 member selected by the employer, and 1 neutral member mutually agreed to by the parties. The labor organization and employer shall each select the members of the tripartite arbitration panel within 14 days of the Service’s referral. Any member not so selected by such date shall be selected by the Service. (C) Dispute settlement A majority of a tripartite arbitration panel established under this paragraph with respect to a dispute shall render a decision settling the dispute as soon as practicable, and (absent extraordinary circumstances or by agreement or permission of the parties) not later than 120 days after the establishment of such panel. Such a decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on— (i) the employer's financial status and prospects; (ii) the size and type of the employer's operations and business; (iii) the employees' cost of living; (iv) the employees' ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and (v) the wages and benefits that other employers in the same business provide their employees. (7) Subcontractors Any employer receiving funds under this section shall require any subcontractor whose employees perform, or will perform, work funded under this section to comply with the requirements set forth in this subsection. (l) Funds (1) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $600,000,000 for each of fiscal years 2024 through 2028. (2) Costs of direct loans The Secretary may use any amounts made available under paragraph (1) to pay the costs of providing direct loans under the program. (3) Set aside Not less than $20,000,000 of the amount made available to carry out this section each fiscal year under paragraph (1) shall be used to award grants or direct loans under the program to eligible entities that are small businesses located in economically disadvantaged communities.
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Reclaiming the Solar Supply Chain Act of 2023
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Veterans' True Choice Act of 2023 This bill allows covered veterans to receive coverage under TRICARE Select, a health care program of the Department of Defense (DOD). Veterans covered by this bill include those with service-connected disabilities, former prisoners of war, Purple Heart recipients, Medal of Honor recipients, those discharged from service due to disability, and those entitled to disability compensation. The Department of Veterans Affairs (VA) must reimburse DOD's costs of enrolling eligible veteran beneficiaries in the program. A covered veteran may not concurrently receive hospital care or medical services from DOD and the VA.
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118 S1644 IS: Veterans’ True Choice Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1644 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Kennedy Committee on Armed Services A BILL To amend title 10, United States Code, to provide eligibility for TRICARE Select to veterans with service-connected disabilities, and for other purposes. 1. Short title This Act may be cited as the Veterans’ True Choice Act of 2023 2. Eligibility under TRICARE program for veterans with service-connected disabilities (a) In general (1) Enrollment in TRICARE Select Section 1075 of title 10, United States Code, is amended— (A) in subsection (b)(1)(B), by inserting before the period at the end the following: , and covered veteran beneficiaries under subsection (i), other than Medicare-eligible beneficiaries described in such subsection (d)(2) (B) by redesignating subsection (i) as subsection (j); and (C) by inserting after subsection (h) the following new subsection (i): (i) Covered veteran beneficiaries (1) Subject to section 1086(d) of this title, a covered veteran beneficiary may elect to enroll in TRICARE Select during the annual open enrollment season of the TRICARE program. (2) The cost-sharing requirements under TRICARE Select for covered veteran beneficiaries shall be calculated pursuant to subsection (d)(1), regardless of the date of the original enlistment or appointment of the beneficiary in the uniformed services. (3) A dependent of a covered veteran beneficiary may not enroll in the TRICARE program solely by reason of the covered veteran beneficiary enrolling in the TRICARE program. . (2) Enrollment in TRICARE for Life Section 1086(d) of such title is amended— (A) in paragraph (1), by inserting before the period at the end the following: or pursuant to section 1075(i) of this title (B) in paragraph (2), in the matter preceding clause (i), by inserting , or section 1075(i) of this title, a person referred to in subsection (c) (C) in paragraph (4), in the matter preceding clause (i), by inserting , or section 1075(i) of this title, a person referred to in subsection (c) (3) Definition Section 1072 of such title is amended by adding at the end the following new paragraph: (16) The term covered veteran beneficiary (A) is eligible to enroll in the system of annual patient enrollment of the Department of Veterans Affairs under paragraph (1), (2), or (3) of section 1705 of title 38; and (B) is eligible to enroll in the TRICARE program only pursuant to— (i) section 1075(i) of this title; or (ii) section 1086(d) of this title by reason of being an individual who would be covered by such section 1075(i) but for being a Medicare-eligible beneficiary covered by such section 1086(d). . (4) Enrollment in VA health care Section 1705 of title 38, United States Code, is amended by adding at the end the following new subsection: (d) (1) A covered veteran beneficiary who enrolls in the TRICARE program may not be concurrently enrolled in the system of annual patient enrollment under subsection (a) and the Secretary may not furnish hospital care or medical services to the covered veteran beneficiary under this chapter or any other provision of law administered by the Secretary while the covered veteran beneficiary is enrolled in the TRICARE program. (2) In this subsection, the terms covered veteran beneficiary TRICARE program . (b) Memorandum of understanding The Secretary of Veterans Affairs and the Secretary of Defense shall enter into a memorandum of understanding under which the Secretary of Veterans Affairs reimburses the Secretary of Defense for the costs of enrolling covered veteran beneficiaries in the TRICARE program pursuant to the amendments made by subsection (a), as jointly determined appropriate by the Secretary of Veterans Affairs and the Secretary of Defense. (c) Implementation (1) Effective date The amendments made by this section shall take effect one year after the date of the enactment of this Act. (2) Regulations During the one-year period following the date on which the amendments made by this section take effect, the Secretary of Veterans Affairs and the Secretary of Defense shall each prescribe regulations to carry out such amendments. (3) Phase in During the one-year period following the date on which the regulations are prescribed under paragraph (2), the Secretary of Veterans Affairs and the Secretary of Defense shall phase in the enrollment of covered veteran beneficiaries in accordance with the annual open enrollment season of the TRICARE program. (4) VA Center for Innovation for Care and Payment The Secretary of Veterans Affairs shall carry out this subsection through the Center for Innovation for Care and Payment of the Department of Veterans Affairs under section 1703E of title 38, United States Code. (d) Reports (1) Reports on implementation Not less frequently than quarterly during the two-year period following the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report on the implementation of this section and the amendments made by this section. (2) Annual reports Not later than one year after the date on which the final report under paragraph (1) is required to be submitted, and annually thereafter, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report on covered veteran beneficiaries enrolled in the TRICARE program. (e) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. (2) Covered veteran beneficiary; TRICARE program The terms covered veteran beneficiary TRICARE program
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Veterans’ True Choice Act of 2023
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Gang Activity Reporting Act of 2023 This bill requires the Department of Justice to report on gang activity, reporting, investigation, and prosecution.
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118 S1646 IS: Gang Activity Reporting Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1646 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Grassley Ms. Rosen Committee on the Judiciary A BILL To amend title 28, United States Code, to require the Attorney General to submit an annual report to Congress on gang activity, reporting, investigation, and prosecution, and for other purposes. 1. Short title This Act may be cited as the Gang Activity Reporting Act of 2023 2. Findings Congress finds the following: (1) The United States is experiencing an unprecedented surge in violent crime, including an increase of more than 30 percent in the rate of murders since 2020. (2) The most recent Department of Justice data regarding gangs and criminal activity, published in the 2011 National Gang Threat Assessment, indicates gangs are responsible for an average of 48 percent of violent crime in the United States. (3) Up-to-date, accurate, and consistent reporting from the relevant Federal agencies relating to gang activity in the United States is a foundational element in enabling policymakers to enact effective, evidence-based policy that protects the people of the United States from gang activity. 3. Gang reporting requirement (a) In general Chapter 31 530E. Report on gang activity, reporting, investigation, and prosecution (a) Report (1) In general Not later than 150 days after the date of enactment of the Gang Activity Reporting Act of 2023 Committee on the Judiciary of the Senate Committee on the Judiciary of the House of Representatives (2) Contents The report described in paragraph (1) shall include information relating to— (A) the growth of local, national, and transnational gangs during the 10-fiscal-year period preceding the date on which the report is submitted (referred to in this section as the submission date (i) with specific numerical data; and (ii) including changes and trends in gang membership, location, and activities and enterprises; (B) the tools, methods, or networks gangs are using to commit certain crimes, including— (i) the extent to which gangs cooperate; and (ii) an assessment of the kinds of crimes on which gangs cooperate; (C) whether and to what extent State-based reporting issues affect Federal data collection and accuracy; (D) the initiatives the Department of Justice, Department of Homeland Security, and Federal Bureau of Investigation undertook during the 5-fiscal-year period preceding the submission date to track gang growth and gang activity and to investigate and prosecute related unlawful activity, including— (i) the date on which each initiative was undertaken; and (ii) if applicable, the date on which each initiative was ended, with a detailed explanation as to why the initiative was ended; (E) the Federal resources allocated by each agency described in subparagraph (D) to investigating, prosecuting, and containing gangs as of the submission date; (F) gang enforcement statistics from the last fiscal year ending before the submission date, including the quantity, changes, and trends in— (i) gang-related arrests, including comparisons to gang-related arrests during the 5-fiscal-year period preceding the applicable fiscal year; (ii) the number of juveniles arrested as a result of gang-related activity; and (iii) the number of firearms seized by law enforcement agencies during gang enforcement operations, including the number of firearms seized from juveniles; (G) the data collection procedures utilized by each agency described in subparagraph (D); and (H) any changes to data collection procedures of an agency described in subparagraph (D) during the 18-month period preceding the submission date, including explanations as to why any procedures were changed. (b) Classification The report submitted under subsection (a), or a portion thereof, may be classified, as determined appropriate by the Attorney General, the Secretary of Homeland Security, and the Director of the Federal Bureau of Investigation. . (b) Technical amendment The table of sections for chapter 31 530E. Report on gang activity, reporting, investigation, and prosecution. .
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Gang Activity Reporting Act of 2023
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Launch Communications Act This bill requires the Federal Communications Commission (FCC) to facilitate access to specified broadband spectrum frequencies for commercial space launches and reentries. Under current law, commercial missions launching from the United States to space must use government-owned spectrum to communicate with the rockets during launch, and private companies must apply to the FCC to receive special temporary authority to use such spectrum. On June 28, 2021, the FCC issued a final rule adopting a nonfederal secondary allocation of the 2200-2290 megahertz frequencies of the electromagnetic spectrum for use during commercial space launches and reentries. The bill requires the FCC to adopt service rules for access to additional frequencies for commercial space launches and reentries and complete associated rulemaking activities (e.g., those that set technical specifications and eligibility requirements) to implement the allocation of the frequencies. The FCC must also streamline the process for access authorizations, providing for (1) authorizations to access specified frequencies for multiple commercial space launches and reentries from one or more federal or private launch or reentry sites, (2) authorizations for multiple uses of such frequencies for a commercial space launch or reentry, (3) automation of the FCC's review process for access applications, and (4) increased coordination between the FCC and the National Telecommunications and Information Administration to speed the review of such applications.
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118 S1648 ES: Launch Communications 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. 1648 IN THE SENATE OF THE UNITED STATES AN ACT To facilitate access to the electromagnetic spectrum for commercial space launches and commercial space reentries, and for other purposes. 1. Short title This Act may be cited as the Launch Communications Act 2. Access to electromagnetic spectrum for commercial space launches and reentries (a) Service rules; allocation (1) In general Not later than 90 days after the date of the enactment of this Act, the Commission shall— (A) complete any proceeding in effect as of such date of enactment related to the adoption of service rules for access to the frequencies described in subsection (c) for commercial space launches and commercial space reentries, including technical specifications, eligibility requirements, and coordination procedures to preserve the defense capabilities of the United States; and (B) allocate on a secondary basis such frequencies for commercial space launches and commercial space reentries. (2) Coordination with National Telecommunications and Information Administration The coordination procedures adopted under paragraph (1)(A) shall include requirements for persons conducting commercial space launches and commercial space reentries to coordinate with the Assistant Secretary regarding access to the frequencies described in subsection (c) for commercial space launches and commercial space reentries. (3) Limitation Access to the frequencies described in subsection (c) in accordance with the service rules adopted under subparagraph (A) of paragraph (1), and the allocation of such frequencies under subparagraph (B) of that paragraph, shall be limited to the use of such frequencies for commercial space launches and commercial space reentries. (b) Streamlining of process for granting authorizations Not later than 180 days after the date of the enactment of this Act, the Commission shall issue new regulations to streamline the process for granting authorizations for access to the frequencies described in subsection (c) for commercial space launches and commercial space reentries so as to provide for— (1) authorizations that include access to such frequencies for multiple commercial space launches from 1 or more Federal space launch sites and multiple commercial space reentries to 1 or more Federal space reentry sites; (2) authorizations that include access to such frequencies for multiple commercial space launches from 1 or more private space launch sites and multiple commercial space reentries to 1 or more private space reentry sites, upon successful coordination with any Federal space launch site within a range for access to such frequencies such that such a commercial space launch or commercial space reentry would not cause harmful interference with Federal systems; (3) authorizations that include access to multiple uses of such frequencies for commercial space launch or commercial space reentry; (4) electronic filing and processing of applications for authorizations for access to such frequencies for commercial space launches and commercial space reentries; and (5) improved coordination by the Commission with the Assistant Secretary (who shall coordinate with the head of any other Federal agency, as the Assistant Secretary considers appropriate) to increase the speed of review of applications for authorizations for access to such frequencies for commercial space launches and commercial space reentries, including coordination to increase automation similar to the automation described in the service rules established by the Commission and the Assistant Secretary to promote the development and use, by entities other than the Federal Government, of spectrum in other bands, including bands with the frequencies between 71 and 76 gigahertz, between 81 and 86 gigahertz, and between 92 and 95 gigahertz. (c) Frequencies described The frequencies described in this subsection are the frequencies between 2025 and 2110 megahertz, between 2200 and 2290 megahertz, and between 2360 and 2395 megahertz. (d) Rule of construction Each range of frequencies described in this section shall be construed to be inclusive of the upper and lower frequencies in the range. (e) Definitions In this section: (1) Assistant Secretary The term Assistant Secretary (2) Commercial space launch The term commercial space launch chapter 509 (3) Commercial space reentry The term commercial space reentry chapter 509 (4) Commission The term Commission Passed the Senate October 31, 2023. Secretary
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Launch Communications Act
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Let Them Learn Act This bill prohibits the District of Columbia (DC) from using federal or local funds to require that students in elementary or secondary schools receive a COVID-19 vaccination. The bill also nullifies the Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021, enacted by the DC Council. That act (1) requires COVID-19 vaccinations for students in elementary and secondary schools and staff at licensed child care facilities, and (2) provides for the electronic transmission of COVID-19 and other vaccination certifications for school attendance.
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118 S165 IS: Let Them Learn Act U.S. Senate 2023-01-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 165 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Cruz Mrs. Blackburn Mr. Lee Mr. Lankford Mr. Marshall Mr. Braun Mr. Hawley Mr. Scott of Florida Committee on Homeland Security and Governmental Affairs A BILL To prohibit the use of Federal and local funds to impose or enforce a COVID–19 vaccine mandate in District of Columbia schools, and to repeal the Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021 enacted by the District of Columbia Council. 1. Short title This Act may be cited as the Let Them Learn Act 2. Prohibition on use of Federal and local funds to impose or enforce COVID–19 vaccine mandate in District of Columbia schools (a) Definitions In this section: (1) Covered school The term covered school 20 U.S.C. 7801 (2) COVID–19 vaccine The term COVID–19 vaccine 42 U.S.C. 262 21 U.S.C. 355 21 U.S.C. 360bbb–3 (b) Prohibition No Federal or local funds may be used by the District of Columbia or a covered school to impose or enforce a COVID–19 vaccine requirement on a student in connection with enrollment by the student in a covered school, including any requirement that a student receive a COVID–19 vaccine in order to be able to attend in-person classroom instruction or participate in any school-related activity on or off campus, including an athletic or academic competition. 3. Repeal of Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021 The Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021 (D.C. Law 24–85), enacted by the District of Columbia Council on January 12, 2022, and effective on March 2, 2022, shall have no force or effect.
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Let Them Learn Act
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Credit Access and Inclusion Act of 2023 This bill allows for the reporting of certain positive consumer-credit information to consumer reporting agencies. Specifically, a person or the Department of Housing and Urban Development may report information related to a consumer's performance in making payments either under a lease agreement for a dwelling or pursuant to a contract for a utility or telecommunications service. However, information about a consumer's usage of any utility or telecommunications service may be reported only to the extent that the information relates to payment by the consumer for such service or other terms of the provision of that service. Furthermore, an energy-utility firm may not report a consumer's outstanding balance as late if the firm and the consumer have entered into a payment plan and the consumer is meeting the obligations of that plan. Specified provisions that establish civil liability with respect to furnishers of information to consumer reporting agencies shall not apply to any violation of the bill. The Government Accountability Office must report on the consumer impact of such reporting.
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118 S1654 IS: Credit Access and Inclusion Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1654 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Scott of South Carolina Mr. Manchin Mr. Rounds Ms. Lummis Mrs. Britt Mr. Cotton Mr. King Committee on Banking, Housing, and Urban Affairs A BILL To amend the Fair Credit Reporting Act to clarify Federal law with respect to reporting certain positive consumer credit information to consumer reporting agencies, and for other purposes. 1. Short title This Act may be cited as the Credit Access and Inclusion Act of 2023 2. Positive credit reporting permitted (a) In general Section 623 of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2 (f) Full-File credit reporting (1) Definitions In this subsection: (A) Energy utility firm The term energy utility firm (B) Utility or telecommunication firm The term utility or telecommunication firm (2) Information relating to lease agreements, utilities, and telecommunications services Subject to the limitation in paragraph (3), and notwithstanding any other provision of law, a person or the Secretary of Housing and Urban Development may furnish to a consumer reporting agency information relating to the performance of a consumer in making payments— (A) under a lease agreement with respect to a dwelling, including such a lease in which the Department of Housing and Urban Development provides subsidized payments for occupancy in a dwelling; or (B) pursuant to a contract for a utility or telecommunications service. (3) Limitation Information about the usage by a consumer of any utility service provided by a utility or telecommunication firm may be furnished to a consumer reporting agency only to the extent that the information relates to the payment by the consumer for the service of the utility or telecommunication service or other terms of the provision of the services to the consumer, including any deposit, discount, or conditions for interruption or termination of the service. (4) Payment plan An energy utility firm may not report payment information to a consumer reporting agency with respect to an outstanding balance of a consumer as late if— (A) the energy utility firm and the consumer have entered into a payment plan (including a deferred payment agreement, an arrearage management program, or a debt forgiveness program) with respect to such outstanding balance; and (B) the consumer is meeting the obligations of the payment plan, as determined by the energy utility firm. . (b) Limitation on liability Section 623(c) of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2(c) (1) in paragraph (2), by striking or (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: (3) subsection (f) of this section, including any regulations issued thereunder; or . (c) GAO study and report Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the impact that furnishing information pursuant to subsection (f) of section 623 of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2
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Credit Access and Inclusion Act of 2023
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Medicare for All Act This bill establishes a national health insurance program that is administered by the Department of Health and Human Services (HHS). Among other requirements, the program must (1) cover all U.S. residents; (2) provide for automatic enrollment of individuals upon birth or residency in the United States; and (3) cover items and services that are medically necessary or appropriate to maintain health or to diagnose, treat, or rehabilitate a health condition, including hospital services, prescription drugs, mental health and substance abuse treatment, dental and vision services, home- and community-based long-term care, gender affirming care, and reproductive care, including contraception and abortions. The bill prohibits cost-sharing (e.g., deductibles, coinsurance, and copayments) and other charges for covered services, with the exception of prescription drugs. Additionally, private health insurers and employers may only offer coverage that is supplemental to, and not duplicative of, benefits provided under the program. Health insurance exchanges and specified federal health programs terminate upon program implementation. However, the program does not affect coverage provided through the Department of Veterans Affairs, TRICARE, or the Indian Health Service. Additionally, state Medicaid programs must cover certain institutional long-term care services. The bill also establishes a series of implementing provisions relating to (1) health care provider participation; (2) HHS administration; and (3) payments and costs, including the requirement that HHS negotiate prices for prescription drugs and establish a formulary. Individuals who are age 18 or younger may enroll in the program starting one year after enactment of this bill; other individuals may buy into a transitional plan or an expanded Medicare program at this time, depending on age. The bill's program must be fully implemented four years after enactment.
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111 S1655 IS: Medicare for All Act U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1655 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Sanders Ms. Baldwin Mr. Blumenthal Mr. Booker Mrs. Gillibrand Mr. Heinrich Ms. Hirono Mr. Luján Mr. Markey Mr. Merkley Mr. Padilla Mr. Schatz Ms. Warren Mr. Welch Mr. Whitehouse Committee on Finance A BILL To establish a Medicare-for-all national health insurance program. 1. Short title; table of contents (a) Short title This Act may be cited as the Medicare for All Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Establishment of the Medicare for All Program; Universal Entitlement to Benefits; Enrollment Sec. 101. Establishment of the Medicare for All Program. Sec. 102. Universal entitlement to benefits. Sec. 103. Freedom of choice. Sec. 104. Non-discrimination. Sec. 105. Enrollment. Sec. 106. Effective date of benefits. Sec. 107. Prohibition against duplicating coverage. TITLE II—Comprehensive Benefits, Including Benefits for Long-Term Care Sec. 201. Comprehensive benefits. Sec. 202. No patient cost-sharing. Sec. 203. Exclusions and limitations. Sec. 204. Continued coverage of institutional long-term care and other services under Medicaid. Sec. 205. Prohibiting recovery of correctly paid Medicaid benefits. Sec. 206. Additional State standards. TITLE III—Provider Participation Sec. 301. Provider participation and standards; whistleblower protections. Sec. 302. Qualifications for providers. Sec. 303. Use of private contracts. TITLE IV—Administration Subtitle A—General Administration Provisions Sec. 401. Administration. Sec. 402. Consultation. Sec. 403. Regional administration. Sec. 404. Beneficiary Ombudsman. Sec. 405. Conduct of related health programs. Subtitle B—Control Over Fraud and Abuse Sec. 411. Application of Federal sanctions to all fraud and abuse under Medicare for All Program. TITLE V—Quality of Care Sec. 501. Quality standards. Sec. 502. Addressing health care disparities. TITLE VI—National Health Budget; Provider Payments; Cost Containment Measures Subtitle A—Budgeting Sec. 601. National health budget. Sec. 602. Temporary worker assistance. Subtitle B—Payments to Providers Sec. 611. Payments to institutional providers based on global budgets. Sec. 612. Payments to individual providers through fee-for-service. Sec. 613. Accurate valuation of services under the Medicare physician fee schedule. Sec. 614. Payments for prescription drugs and approved devices and equipment. Sec. 615. Payment prohibitions; capital expenditures; special projects. Sec. 616. Office of Health Equity. Sec. 617. Office of Primary Health Care. TITLE VII—Medicare for All Trust Fund Sec. 701. Medicare for All Trust Fund. TITLE VIII—Conforming Amendments to the Employee Retirement Income Security Act of 1974 Sec. 801. Prohibition of employee benefits duplicative of benefits under the Medicare for All Program; coordination in case of workers’ compensation. Sec. 802. Repeal of continuation coverage requirements under ERISA and certain other requirements relating to group health plans. Sec. 803. Effective date of title. TITLE IX—Additional Conforming Amendments Sec. 901. Relationship to existing Federal health programs. Sec. 902. Sunset of provisions related to the Federal and State Exchanges. TITLE X—Transition to Medicare for All Subtitle A—Improvements to Medicare Sec. 1001. Protecting Medicare fee-for-service beneficiaries from high out-of-pocket costs. Sec. 1002. Reducing Medicare part D annual out-of-pocket threshold. Sec. 1003. Expanding Medicare to cover dental and vision services and hearing aids and examinations under part B. Sec. 1004. Eliminating the 24-month waiting period for Medicare coverage for individuals with disabilities. Sec. 1005. Guaranteed issue of Medigap policies. Subtitle B—Temporary Medicare Buy-In Option and Temporary Public Option Sec. 1011. Lowering the Medicare age. Sec. 1012. Establishment of the Medicare transition plan. Subtitle C—Patient Protections During Medicare for All Transition Period Sec. 1021. Minimizing disruptions to patient care. Sec. 1022. Public consultation. Sec. 1023. Definitions. TITLE XI—Miscellaneous Sec. 1101. Updating resource limits for Supplemental Security Income eligibility (SSI). Sec. 1102. Definitions. I Establishment of the Medicare for All Program; Universal Entitlement to Benefits; Enrollment 101. Establishment of the Medicare for All Program There is hereby established a national health insurance program (referred to in this Act as the Medicare for All Program 102. Universal entitlement to benefits (a) In general Every individual who is a resident of the United States is entitled to benefits for health care items and services under this Act. The Secretary shall promulgate a rule that provides criteria for determining residency for eligibility purposes under this Act. (b) Treatment of other individuals The Secretary— (1) may make eligible for benefits for health care items and services under this Act other individuals not described in subsection (a) and regulate their eligibility to ensure that every person in the United States has access to health care; and (2) shall promulgate a rule, consistent with Federal immigration laws, to prevent an individual from traveling to the United States for the sole purpose of obtaining health care items and services provided under this Act. 103. Freedom of choice Any individual entitled to benefits under this Act may obtain health care items and services from any institution, agency, or individual qualified to participate under this Act. 104. Non-discrimination (a) In general No person shall, on the basis of race, color, national origin, age, disability, marital status, citizenship status, primary language use, genetic conditions, previous or existing medical conditions, religion, or sex, including sex stereotyping, gender identity, sexual orientation, and pregnancy and related medical conditions (including termination of pregnancy), be excluded from participation in or be denied the benefits of the program established under this Act (except as expressly authorized by this Act for purposes of enforcing eligibility standards described in section 102), or be subject to any reduction of benefits or other discrimination by any participating provider (as described in section 301(a)), or any entity conducting, administering, or funding a health program or activity, including contracts of insurance, pursuant to this Act. (b) Claims of discrimination (1) In general The Secretary shall establish a procedure for adjudication of administrative complaints alleging a violation of subsection (a). (2) Jurisdiction Any person aggrieved by a violation of subsection (a) may file suit in any district court of the United States having jurisdiction of the parties. A person may bring an action under this paragraph concurrently with such administrative remedies as established in paragraph (1). (3) Damages If the court finds a violation of subsection (a), the court may grant compensatory and punitive damages (including damages for emotional harm), declaratory relief, injunctive relief, attorneys’ fees and costs, or other relief as appropriate. (c) Continued application of laws Nothing in this title shall be construed to invalidate or otherwise limit any of the rights, remedies, procedures, or legal standards available to individuals aggrieved under other Federal laws, including section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 42 U.S.C. 2000d et seq. 42 U.S.C. 2000e et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 42 U.S.C. 12131 et seq. 42 U.S.C. 6101 et seq. 105. Enrollment (a) In general The Secretary shall provide a mechanism for the enrollment of individuals eligible for benefits under the Medicare for All Program. The mechanism shall— (1) include a process for the automatic enrollment of individuals at the time of birth in the United States (or upon establishment of residency in the United States); (2) provide for the enrollment, as of the date described in subsection (a) or (b), as applicable, of section 106, of all individuals who are eligible to be enrolled as of such applicable date; and (3) include a process for the enrollment of individuals made eligible for health care items and services under section 102(b). (b) Issuance of Medicare for All cards In conjunction with an individual’s enrollment for benefits under this Act, the Secretary shall provide for the issuance of a Medicare for All card that shall be used for purposes of identification and processing of claims for benefits under the Medicare for All Program. The card shall not include an individual’s Social Security number. 106. Effective date of benefits (a) In general Except as provided in subsection (b), benefits shall first be available under the Medicare for All Program for items and services furnished on January 1 of the fourth calendar year that begins after the date of enactment of this Act. (b) Immediate coverage of children (1) In general For any eligible individual under section 102 who has not yet attained the age of 19 as of the date that is 1 year after the date of enactment of this Act, benefits shall first be available under the Medicare for All Program for items and services furnished on January 1 of the first calendar year that begins after the date of enactment of this Act. (2) Option to continue in other coverage during transition period Any person who is eligible to receive benefits as described in paragraph (1) may opt to maintain any coverage described in section 901, private health insurance coverage, or coverage offered pursuant to subtitle A of title X (including the amendments made by such subtitle) until the date on which benefits are first available under subsection (a). 107. Prohibition against duplicating coverage (a) In general Beginning on the date on which benefits are first available under section 106(a), it shall be unlawful for— (1) a private health insurer to sell health insurance coverage that duplicates the benefits provided under the Medicare for All Program; or (2) an employer to provide benefits for an employee, former employee, or the dependents of an employee or former employee that duplicate the benefits provided under the Medicare for All Program. (b) Construction Nothing in this Act shall be construed as prohibiting the sale of health insurance coverage for any additional benefits not covered by the Medicare for All Program, including additional benefits that an employer may provide to employees or their dependents, or to former employees or their dependents. II Comprehensive Benefits, Including Benefits for Long-Term Care 201. Comprehensive benefits (a) In general Subject to the other provisions of this title and titles IV through IX, individuals enrolled for benefits under the Medicare for All Program are entitled to have payment made by the Secretary to a participating provider for the following items and services if medically necessary or appropriate for the maintenance of health or for the diagnosis, treatment, or rehabilitation of a health condition: (1) Hospital services, including inpatient and outpatient hospital care, including 24-hour-a-day emergency services and inpatient prescription drugs. (2) Ambulatory patient services. (3) Primary and preventive services, including chronic disease management. (4) Prescription drugs and medical devices, including outpatient prescription drugs, biological products, and medical devices, and all contraceptive items approved by the Food and Drug Administration. (5) Mental health and substance use treatment services, including inpatient care and treatment for co-occurring mental illness and substance use disorders. (6) Laboratory and diagnostic services. (7) Comprehensive reproductive care, including abortion, contraception, and assistive reproductive technology. (8) Comprehensive maternity and newborn care. (9) Comprehensive gender affirming health care. (10) Oral health, audiology, and vision services. (11) Rehabilitative and habilitative services, including devices. (12) Emergency services, including transportation. (13) Pediatrics, including early and periodic screening, diagnostic, and treatment services (as defined in section 1905(r) of the Social Security Act ( 42 U.S.C. 1396d(r) (14) Necessary transportation to receive health care items and services for persons with disabilities, older individuals with functional limitations, and low-income individuals (as determined by the Secretary). (15) Services provided by a licensed marriage and family therapist or a licensed mental health counselor. (16) Home and community-based long-term care services and supports (to be provided in accordance with the requirements for home and community-based settings under sections 441.530 and 441.710 of title 42, Code of Federal Regulations (as in effect on the date of enactment of this Act), including— (A) services described in paragraphs (7), (8), (13), (19), and (24) of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) (B) home and community-based services described in subsection (c)(4)(B) of section 1915 of the Social Security Act ( 42 U.S.C. 1396n (C) self-directed home and community-based services described in subsection (i) of section 1915 of the Social Security Act; (D) self-directed personal assistance services (as defined in subsection (j)(4)(A) of section 1915 of the Social Security Act); and (E) home and community-based attendant services and supports described in subsection (k) of section 1915 of the Social Security Act. (17) Any item or service described in any of paragraphs (1) through (16) that is furnished using telehealth, to the extent practicable. (b) Revision The Secretary shall, at least on an annual basis, evaluate whether the benefits package should be improved to promote the health of beneficiaries, account for changes in medical practice or new information from medical research, or respond to other relevant developments in health science, and shall make recommendations to Congress regarding any such improvements. (c) Complementary and integrative medicine (1) In general In carrying out subsection (b), the Secretary shall consult with the persons described in paragraph (2) with respect to— (A) identifying specific complementary and integrative medicine practices that are appropriate to include in the benefits package; and (B) identifying barriers to the effective provision and integration of such practices into the delivery of health care, and identifying mechanisms for overcoming such barriers. (2) Consultation In accordance with paragraph (1), the Secretary shall consult with— (A) the Director of the National Center for Complementary and Integrative Health; (B) the Commissioner of Food and Drugs; (C) institutions of higher education, private research institutes, and individual researchers with extensive experience in complementary and integrative medicine and the integration of such practices into the delivery of health care; (D) nationally recognized providers of complementary and integrative medicine; and (E) such other officials, entities, and individuals with expertise on complementary and integrative medicine as the Secretary determines appropriate. (d) States may provide additional benefits Individual States may provide additional benefits for the residents of such States, as determined by such State, and may provide benefits to individuals not eligible for benefits under the Medicare for All Program at the expense of the State. 202. No patient cost-sharing (a) In general The Secretary shall ensure that no cost-sharing, including deductibles, coinsurance, copayments, or similar charges, be imposed on an individual for any benefits provided under the Medicare for All Program, except as described in subsection (b). (b) Exceptions The Secretary may set a cost-sharing schedule for prescription drugs covered under the Medicare for All Program— (1) provided that— (A) such schedule is evidence-based, patient-centered, and encourages the use of generic drugs; (B) such cost-sharing does not apply to preventive drugs; (C) such cost-sharing does not exceed $200 annually per individual, adjusted annually for inflation; and (D) such cost-sharing is not imposed on individuals with a household income equal to or below 250 percent of the poverty line for a family of the size involved; and (2) under which the Secretary may— (A) exempt brand-name drugs from consideration in determining whether an individual has reached any out-of-pocket limit if a safe and appropriate generic version of such drug is available to such individual; and (B) waive cost-sharing in response to a coverage appeal under section 203(b)(2). (c) No balance billing Notwithstanding contracts in accordance with section 303, no provider may impose a charge to an individual enrolled for benefits under the Medicare for All Program for items and services for which benefits are provided under such Program. 203. Exclusions and limitations (a) In general Benefits for items and services are not available under the Medicare for All Program unless the items and services meet the standards developed by the Secretary pursuant to section 201(a). (b) Treatment of experimental items and services (1) In general In applying subsection (a), the Secretary shall make national coverage determinations with respect to items and services that are experimental in nature. Such determinations shall be consistent with the national coverage determination process as defined in section 1869(f)(1)(B) of the Social Security Act ( 42 U.S.C. 1395ff(f)(1)(B) (2) Appeals process The Secretary shall establish a process by which individuals can appeal coverage decisions. The process shall, as much as is feasible, follow the process for appeals under the Medicare program described in section 1869 of the Social Security Act ( 42 U.S.C. 1395ff (c) Application of practice guidelines (1) In general In the case of items and services for which the Department of Health and Human Services has recognized a national practice guideline, such items and services are considered to meet the standards specified in section 201(a) if they have been provided in accordance with such guideline. (2) Certain exceptions For purposes of this subsection, an item or service not provided in accordance with a national practice guideline shall be considered to have been provided in accordance with such guideline if the health care provider providing the item or service— (A) exercised appropriate professional discretion to deviate from the guideline in a manner authorized or anticipated by the guideline; (B) acted in accordance with the laws and requirements in which such item or service is furnished; (C) acted in the best interests of the individual receiving the item or service; and (D) acted in a manner consistent with the individual’s wishes. 204. Continued coverage of institutional long-term care and other services under Medicaid Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 1948. State Plan for Providing Institutional Long-Term Care Services (a) In general For quarters beginning on or after the date on which benefits are first available under section 106(a) of the Medicare for All Act (1) a State plan for medical assistance shall provide for making medical assistance available for institutional long-term care services in a manner consistent with this section; and (2) no payment to a State shall be made under this title with respect to expenditures incurred by the State in providing medical assistance on or after such date for services that are not— (A) institutional long-term care services; or (B) other services for which benefits are not available under the Medicare for All Act (b) Institutional long-Term care services defined In this section, the term institutional long-term care services (1) Nursing facility services for individuals 21 years of age or over described in subparagraph (A) of section 1905(a)(4). (2) Inpatient services for individuals 65 years of age or over provided in an institution for mental disease described in section 1905(a)(14). (3) Intermediate care facility services described in section 1905(a)(15). (4) Inpatient psychiatric hospital services for individuals under age 21 described in section 1905(a)(16). (5) Nursing facility services described in section 1905(a)(31). (c) State maintenance of effort requirement (1) Eligibility standards (A) In general Beginning on the date described in subsection (a), no payment may be made under section 1903 with respect to medical assistance provided under a State plan for medical assistance if the State adopts income, resource, or other standards and methodologies for purposes of determining an individual's eligibility for medical assistance under the State plan that are more restrictive than those applied as of January 1, 2023. (B) Indexing of amounts of income and resource standards In determining whether a State has adopted income or resource standards that are more restrictive than the standards which applied as of January 1, 2023, the Secretary shall deem the amount of any such standard that was applied as of such date to be increased by the percentage increase in the medical care component of the consumer price index for all urban consumers (U.S. city average) from September of 2022 to September of the fiscal year for which the Secretary is making such determination. (2) Expenditures (A) In general For each fiscal year or portion of a fiscal year that occurs during the period that begins on the first day of the first fiscal quarter that begins on or after the date on which benefits are first available under section 106(a) of the Medicare for All Act (B) Expenditure floor (i) In general For each fiscal year or portion of a fiscal year described in subparagraph (A), the Secretary shall determine for each State an expenditure floor that shall be equal to— (I) the amount of the State's expenditures for fiscal year 2021 on medical assistance for institutional long-term care services; increased by (II) the growth factor determined under subclause (ii). (ii) Growth factor For each fiscal year or portion of a fiscal year described in subparagraph (A), the Secretary shall, not later than September 1 of the fiscal year preceding such fiscal year or portion of a fiscal year, determine a growth factor for each State that takes into account— (I) the percentage increase in health care costs in the State; (II) the total amount expended by the State for the previous fiscal year on medical assistance for institutional long-term care services; (III) the increase, if any, in the total population of the State from July of 2022 to July of the fiscal year preceding the fiscal year involved; (IV) the increase, if any, in the population of individuals aged 65 and older of the State from July of 2022 to July of the fiscal year preceding the fiscal year involved; and (V) the decrease, if any, in the population of the State that requires medical assistance for institutional long-term care services that is attributable to the availability of coverage for the services described in section 201(a)(16) of the Medicare for All Act (iii) Proration rule Any amount determined under this subparagraph for a portion of a fiscal year shall be prorated based on the length of such portion of a fiscal year relative to a complete fiscal year. (d) Nonapplication of certain requirements Beginning on the date described in subsection (a), any provision of this title requiring a State plan for medical assistance to make available medical assistance for services that are not institutional long-term care services or items and services described in section 901(a)(3)(A)(ii) of the Medicare for All Act . 205. Prohibiting recovery of correctly paid Medicaid benefits Section 1917 of the Social Security Act ( 42 U.S.C. 1396p (1) by amending subsection (a) to read as follows: (a) No lien may be imposed against the property of any individual prior to his death on account of medical assistance paid or to be paid on his behalf under the State plan, except pursuant to the judgment of a court on account of benefits incorrectly paid on behalf of such individual. ; and (2) by amending subsection (b) to read as follows: (b) No adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the State plan may be made. . 206. Additional State standards (a) In general Nothing in this Act shall prohibit individual States from setting additional standards related to eligibility, benefits, and minimum provider standards, consistent with the purposes of this Act, provided that such standards do not restrict eligibility or reduce access to benefits for items and services. (b) Restrictions on providers With respect to any individuals or entities certified to provide items and services covered under section 201(a)(7), a State may not prohibit an individual or entity from participating in the Medicare for All Program for reasons other than the ability of the individual or entity to provide such items and services. III Provider Participation 301. Provider participation and standards; whistleblower protections (a) In general An individual or entity furnishing any item or service covered under the Medicare for All Program is not a participating provider under such Program unless the individual or entity— (1) is a qualified provider of the items or services under section 302; (2) has filed with the Secretary a participation agreement described in subsection (b); and (3) meets, as applicable, such other qualifications and conditions with respect to a provider of services under title XVIII of the Social Security Act as described in section 1866 of the Social Security Act ( 42 U.S.C. 1395cc (b) Requirements in participation agreement (1) In general A participation agreement described in this subsection between the Secretary and a provider shall provide at least for the following: (A) Items and services to eligible persons shall be furnished by the provider without discrimination, in accordance with section 104(a). Nothing in this subparagraph shall be construed as requiring the provision of a type or class of items or services that are outside the scope of the provider’s normal practice. (B) No charge will be made to any enrolled individual for any items or services covered under the Medicare for All Program other than for payment authorized by this Act. (C) The provider agrees to furnish such information as may be reasonably required by the Secretary, in accordance with uniform reporting standards established under section 401(b)(1), for— (i) quality review; (ii) making payments under this Act, including the examination of records as may be necessary for the verification of information on which such payments are based; (iii) statistical or other studies required for the implementation of this Act; and (iv) such other purposes as the Secretary may specify. (D) In the case of a provider that is not an individual, the provider agrees not to employ or use for the provision of health care items or services any individual or other provider that has had a participation agreement under this subsection terminated for cause. The Secretary may authorize such employment or use on a case-by-case basis. (E) In the case of a provider paid under a fee-for-service basis for items and services furnished under the Medicare for All Program, the provider agrees to submit bills and any required supporting documentation relating to the provision of items or services covered under such Program within 30 days after the date of providing such items and services. (F) In the case of an institutional provider paid pursuant to section 611, the provider agrees to submit information and any other required supporting documentation as may be reasonably required by the Secretary within 30 days after the date of providing items and services covered under the Medicare for All Program and in accordance with the uniform reporting standards established under section 401(b)(1), including information on a quarterly basis that— (i) relates to the provision of items and services covered under the Medicare for All Program; and (ii) describes such items and services furnished with respect to specific individuals. (G) In the case of a provider that receives payment for items and services furnished under the Medicare for All Program based on diagnosis-related coding, procedure coding, or other coding system or data, the provider agrees— (i) to disclose to the Secretary any system or index of coding or classifying patient symptoms, diagnoses, clinical interventions, episodes, or procedures that such provider utilizes for global budget negotiations under title VI or for meeting any other payment, documentation, or data collection requirements under this Act; and (ii) not to use any such system or index to establish financial incentives or disincentives for health care professionals, or that is proprietary, interferes with the medical or nursing process, or is designed to increase the amount or number of payments. (H) The provider complies with the duty of provider ethics and reporting requirements described in paragraph (2). (I) In the case of a provider that is not an individual, the provider agrees that no board member, executive, or administrator of such provider receives compensation from, owns stock or has other financial investments in, or serves as a board member of any entity that contracts with or provides items or services, including pharmaceutical products and medical devices or equipment, to such provider. (2) Provider duty of ethics Each health care provider, including institutional providers, has a duty to advocate for and to act in the exclusive interest of each individual under the care of such provider according to the applicable legal standard of care, such that no financial interest or relationship impairs any health care provider’s ability to furnish necessary and appropriate care to such individual. To implement the duty established in this paragraph, the Secretary shall— (A) promulgate reasonable reporting rules to evaluate participating provider compliance with this paragraph; (B) prohibit participating providers, spouses, and immediate family members of participating providers, from accepting or entering into any arrangement for any bonus, incentive payment, profit-sharing, or compensation based on patient utilization or based on financial outcomes of any other provider or entity; and (C) prohibit participating providers or any board member or representative of such provider from serving as board members for or receiving any compensation, stock, or other financial investment in an entity that contracts with or provides items or services (including pharmaceutical products and medical devices or equipment) to such provider. (3) Termination of participation agreement (A) In general Participation agreements may be terminated, with appropriate notice— (i) by the Secretary for failure to meet the requirements of this Act; (ii) in accordance with the provisions described in section 411; or (iii) by a provider. (B) Termination process Providers shall be provided notice and a reasonable opportunity to correct deficiencies before the Secretary terminates an agreement unless a more immediate termination is required for public safety or similar reasons. (C) Provider protections (i) Prohibition The Secretary may not terminate a participation agreement or in any other way discriminate against, or cause to be discriminated against, any participating provider described in subsection (a) or authorized representative of the provider, on account of such provider or representative— (I) providing, causing to be provided, or being about to provide or cause to be provided to the provider, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the provider or representative reasonably believes to be a violation of, any provision of this title (or an amendment made by this title); (II) testifying or being about to testify in a proceeding concerning such violation; (III) assisting or participating, or being about to assist or participate, in such a proceeding; or (IV) objecting to, or refusing to participate in, any activity, policy, practice, or assigned task that the provider or representative reasonably believes to be in violation of any provision of this Act (including any amendment made by this Act), or any order, rule, regulation, standard, or ban under this Act (including any amendment made by this Act). (ii) Complaint procedure A provider or representative who believes that he or she has been discriminated against in violation of this section may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 40(b) of the Consumer Product Safety Act ( 15 U.S.C. 2087(b) (c) Whistleblower protections (1) Retaliation prohibited No person may discharge or otherwise discriminate against any employee because the employee or any person acting pursuant to a request of the employee— (A) notified the Secretary or the employee’s employer of any alleged violation of this title, including communications related to carrying out the employee’s job duties; (B) refused to engage in any practice made unlawful by this title, if the employee has identified the alleged illegality to the employer; (C) testified before or otherwise provided information relevant for Congress or for any Federal or State proceeding regarding any provision (or proposed provision) of this title; (D) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this title; (E) testified or is about to testify in any such proceeding; or (F) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of this title. (2) Enforcement action Any employee covered by this section who alleges discrimination by an employer in violation of paragraph (1) may bring an action, subject to the statute of limitations described in section 3730(h)(3) of title 31, United States Code, and the rules and procedures, legal burdens of proof, and remedies applicable under section 31105 of title 49, United States Code. (3) Application (A) Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or regulation, including the rights and remedies against retaliatory action under section 3730(h) of title 31, United States Code, or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment. (B) Nothing in this subsection shall be construed to preempt or diminish any other Federal or State law or regulation against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other manner of discrimination, including the rights and remedies against retaliatory action under section 3730(h) of title 31, United States Code. (4) Definitions In this subsection: (A) Employer The term employer (B) Employee The term employee 302. Qualifications for providers (a) In general A health care provider is considered a qualified provider to furnish items and services under the Medicare for All Program if the provider is licensed or certified to furnish such items and services in the State in which the individual receiving such items and services is located and meets— (1) the requirements of such State’s laws to furnish such items and services; and (2) applicable requirements of Federal law to furnish such items and services. (b) Federal providers Any provider qualified to provide health care items and services at a facility of the Department of Veterans Affairs, the Indian Health Service, or the uniformed services (as defined in section 1072(1) of title 10, United States Code) (with respect to the direct care component of the TRICARE program) is a qualified provider under this section with respect to any individual who qualifies for such items and services under applicable Federal law. (c) Minimum provider standards (1) In general The Secretary shall establish, evaluate, and update national minimum standards to ensure the quality of items and services provided under the Medicare for All Program and to monitor efforts by States to ensure the quality of such items and services. A State may also establish additional minimum standards which providers shall meet with respect to items and services provided in such State. (2) National minimum standards The Secretary shall establish national minimum standards under paragraph (1) for institutional providers of items or services and individual health care practitioners. Except as the Secretary may specify in order to carry out this Act, a hospital, skilled nursing facility, or other institutional provider of items or services shall meet standards applicable to such a provider under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (A) adequacy and quality of facilities; (B) training and competence of personnel (including requirements related to the number or type of required continuing education hours); (C) comprehensiveness of items and services; (D) continuity of items and services; (E) patient waiting times, access to items and services, and references; and (F) performance standards, including organization, facilities, structure of items and services, efficiency of operation, and outcome in palliation, improvement of health, stabilization, cure, or rehabilitation. (3) Transition in application If the Secretary provides for additional requirements for providers under this subsection, any such additional requirement shall be implemented in a manner that provides for a reasonable period during which a previously qualified provider is permitted to meet such an additional requirement. 303. Use of private contracts (a) In general This section shall apply beginning on the date on which benefits are first available under section 106(a). Subject to the provisions of this section, nothing in this Act shall prohibit an institutional or individual provider from entering into a private contract with an individual enrolled for benefits under the Medicare for All Program for any item or service— (1) for which no claim for payment is to be submitted under this Act; and (2) for which the provider receives— (A) no reimbursement under this Act directly or on a capitated basis; and (B) receives no amount from an organization which receives reimbursement for such item or service under this Act directly or on a capitated basis. (b) Contract requirements (1) In general Any contract to provide an item or service under subsection (a) shall— (A) be in writing and signed by the individual (or authorized representative of the individual) receiving the item or service before the item or service is furnished pursuant to the contract; (B) be entered into at a time when the individual is facing an emergency health care situation; and (C) contain the items described in paragraph (2). (2) Items required to be included in contract Any contract to provide an item or service to which subsection (a) applies shall clearly indicate to the individual that by signing such contract the individual— (A) agrees not to submit a claim (or to request that the provider submit a claim) under this Act for such item or service even if such item or service is otherwise covered by the Medicare for All Program; (B) agrees to be responsible, whether through insurance offered under section 107(b) or otherwise, for payment of such item or service and understands that no reimbursement will be provided under this Act for such item or service; (C) acknowledges that no limits under this Act apply to amounts that may be charged for such item or service; (D) if the provider is a nonparticipating provider, acknowledges that the beneficiary has the right to have such item or service provided by other providers for whom payment would be made under the Medicare for All Program; and (E) acknowledges that the provider is providing an item or service outside the scope of the Medicare for All Program. (c) Provider requirements (1) In general Subsection (a) shall not apply to any contract unless an affidavit described in paragraph (2) is in effect during the period any item or service is to be provided pursuant to the contract. (2) Affidavit An affidavit as described in this subparagraph shall— (A) identify the provider, and be signed by such provider; (B) provide that the provider will not submit any claim under this title for any item or service provided to any beneficiary (and will not receive any reimbursement or amount described in subsection (a)(2) for any such item or service) during the 1-year period beginning on the date the affidavit is signed; and (C) be filed with the Secretary no later than 10 days after the first contract to which such affidavit applies is entered into. (3) Enforcement If a provider signing an affidavit described in paragraph (2) knowingly and willfully submits a claim under this title for any item or service provided during the 1-year period described in paragraph (2)(B) (or receives any reimbursement or amount described in subsection (a)(2) for any such item or service) with respect to such affidavit— (A) this subsection shall not apply with respect to any item or service provided by the provider pursuant to any contract on and after the date of such submission and before the end of such period; and (B) no payment shall be made under this title for any item or service furnished by the provider during the period described in subparagraph (A) (and no reimbursement or payment of any amount described in subsection (a)(2) shall be made for any such item or service). IV Administration A General Administration Provisions 401. Administration (a) General duties of the Secretary (1) In general The Secretary shall develop policies, procedures, guidelines, and requirements to carry out this Act, including related to— (A) eligibility for benefits under the Medicare for All Program; (B) enrollment under such Program; (C) benefits provided under such Program; (D) provider participation standards and qualifications, as described in title III; (E) levels of funding; (F) methods for determining amounts of payments to providers of items and services covered under the Medicare for All Program, consistent with subtitle B; (G) a process for appealing or petitioning for a determination of coverage for items and services under the Medicare for All Program; (H) planning for capital expenditures and item and service delivery; (I) planning for health professional education funding; (J) encouraging States to develop regional planning mechanisms; and (K) any other regulations necessary to carry out the purposes of this Act. (2) Regulations Regulations authorized by this Act shall be issued by the Secretary in accordance with section 553 of title 5, United States Code. (b) Uniform reporting standards; annual report; studies (1) Uniform reporting standards (A) In general The Secretary shall establish uniform State reporting requirements, provider reporting requirements, and national standards to ensure an adequate national database containing information pertaining to health services practitioners, approved providers, the costs of facilities and practitioners providing items and services covered under the Medicare for All Program, the quality of such items and services, the outcomes of such items and services, and the equity of health among population groups. Such database shall include, to the maximum extent feasible without compromising patient privacy, health outcome measures used under this Act, and to the maximum extent feasible without excessively burdening providers, the measures described in subparagraphs (D) through (F) of subsection (a)(1). (B) Reports The Secretary shall— (i) regularly analyze information reported to the Secretary; and (ii) define rules and procedures to allow researchers, scholars, health care providers, and others to access and analyze data for purposes consistent with quality and outcomes research, without compromising patient privacy. (2) Annual report Beginning January 1 of the second year beginning after the date on which benefits are first available under section 106(a), the Secretary shall annually report to Congress on the following: (A) The status of implementation of this Act. (B) Enrollment under the Medicare for All Program. (C) Benefits under the Medicare for All Program. (D) Expenditures and financing under this Act. (E) Cost-containment measures and achievements under the Medicare for All Program. (F) Quality assurance. (G) Health care utilization patterns, including any changes attributable to the Medicare for All Program. (H) Changes in the per capita costs of health care. (I) Differences in the health status of the populations of the different States, by demographic characteristics, including race, ethnicity, national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, or socioeconomic status. (J) Progress on implementing quality and outcome measures under this Act, and long-range plans and goals for achievements in such measures. (K) Plans for improving items and services to medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3) (L) Transition problems as a result of implementation of this Act. (M) Opportunities for improvements under this Act. (3) Statistical analyses and other studies The Secretary may, either directly or by contract— (A) make statistical and other studies, on a nationwide, regional, State, or local basis, of any aspect of the operation of this Act; (B) develop and test methods of delivery of items and services as the Secretary may consider necessary or promising for the evaluation, or for the improvement, of the operation of this Act; and (C) develop methodological standards for evidence-based policymaking. (c) Audits (1) In general The Comptroller General of the United States shall conduct an audit of the Department of Health and Human Services every fifth fiscal year following the date on which benefits are first available under section 106(a) to determine the effectiveness of the Medicare for All Program in carrying out the duties under subsection (a). (2) Reports The Comptroller General of the United States shall submit a report to Congress concerning the results of each audit conducted under this subsection. 402. Consultation The Secretary shall consult with Federal agencies, Indian Tribes and urban Indian health organizations, and private entities, such as labor organizations representing health care workers, professional societies, national associations, nationally recognized associations of health care experts, medical schools and academic health centers, consumer groups, patient advocate groups, disability rights organizations, and labor business organizations in the formulation of guidelines, regulations, policy initiatives, and information gathering to ensure the broadest and most informed input in the administration of this Act. Nothing in this Act shall prevent the Secretary from adopting guidelines, consistent with section 203(c), developed by such a private entity if, in the Secretary’s judgment, such guidelines are generally accepted as reasonable and prudent and consistent with this Act. 403. Regional administration (a) Regional Medicare for All offices The Secretary shall establish and maintain regional offices for the purpose of carrying out the duties specified in subsection (c) and promoting adequate access to, and efficient use of, tertiary care facilities, equipment, items, and services by individuals enrolled under the Medicare for All Program. (b) Coordination Wherever possible, the Secretary shall incorporate the regional offices and the administrative processes of the Centers for Medicare & Medicaid Services for the purposes of carrying out subsection (a). (c) Appointment of regional directors In each regional office established under subsection (a) there shall be— (1) one regional director appointed by the Secretary; (2) one deputy director appointed by the regional director to represent the Indian and Alaska Native Tribes in the region, if any; and (3) one deputy director appointed by the regional director to oversee home- and community-based services and supports. (d) Duties Each regional director shall— (1) submit an annual regional health care needs assessment report to the Secretary, after a thorough examination of health needs and consultation with public health officials, clinicians, patients, and patient advocates; (2) recommend any changes in provider reimbursement or payment for delivery of items and services covered under the Medicare for All Program determined appropriate by the regional director, subject to the requirements of title VI; and (3) establish a quality assurance mechanism in each such region in order to minimize both under-utilization and over-utilization of health care items and services covered under the Medicare for All Program and to ensure that all participating providers described in section 301(a) meet the quality and other standards established pursuant to this Act. 404. Beneficiary Ombudsman (a) In general The Secretary shall appoint a Beneficiary Ombudsman who shall have expertise and experience in the fields of health care and education and in providing assistance to individuals entitled to benefits under the Medicare for All Program. (b) Duties (1) In general The Beneficiary Ombudsman shall— (A) receive complaints, grievances, and requests for information submitted by individuals entitled to benefits under the Medicare for All Program with respect to any aspect of such Program; (B) provide assistance with respect to complaints, grievances, and requests referred to in subparagraph (A), including— (i) assistance in collecting relevant information for such individuals, to seek an appeal of a decision or determination made by a regional office or the Secretary; and (ii) assistance to such individuals in presenting information relating to cost-sharing; and (C) submit annual reports to Congress and the Secretary that describe the activities of the Office and that include such recommendations for improvement in the administration of this Act as the Ombudsman determines appropriate. (2) Authorities The Ombudsman shall not serve as an advocate for any increases in payments or new coverage of items or services, but may identify issues and problems in payment or coverage policies. 405. Conduct of related health programs In performing functions with respect to health personnel education and training, health research, environmental health, disability insurance, vocational rehabilitation, the regulation of food and drugs, and all other matters pertaining to health, the Secretary shall direct the activities of the Department of Health and Human Services toward contributions to the health of the people complementary to this Act. B Control Over Fraud and Abuse 411. Application of Federal sanctions to all fraud and abuse under Medicare for All Program The following sections of the Social Security Act shall apply to the Medicare for All Program in the same manner as they apply to State medical assistance plans under title XIX of such Act ( 42 U.S.C. 1396 et seq. (1) Section 1128 ( 42 U.S.C. 1320a–7 (2) Section 1128A ( 42 U.S.C. 1320a–7a (3) Section 1128B ( 42 U.S.C. 1320a–7b (4) Section 1124 ( 42 U.S.C. 1320a–3 (5) Section 1126 ( 42 U.S.C. 1320a–5 (6) Section 1877 ( 42 U.S.C. 1395nn V Quality of Care 501. Quality standards (a) In general All standards and quality measures under this Act shall be implemented and evaluated by the Center for Clinical Standards and Quality of the Centers for Medicare & Medicaid Services (referred to in this title as the Center (b) Duties of the center The Center shall perform the following duties: (1) Review and evaluate each practice guideline developed under part B of title IX of the Public Health Service Act ( 42 U.S.C. 299b et seq. (2) Review and evaluate each standard of quality, performance measure, and medical review criterion developed under part B of title IX of the Public Health Service Act ( 42 U.S.C. 299b et seq. (3) Adoption of methodologies for profiling the patterns of practice of health care professionals and for identifying and notifying outliers. (4) Development of minimum criteria for competence for entities that can qualify to conduct ongoing and continuous external quality reviews in the administrative regions. Such criteria shall require such an entity to be administratively independent of the individual or board that administers the region and shall ensure that such entities do not provide financial incentives to reviewers to favor one pattern of practice over another. The Center shall ensure coordination and reporting by such entities to ensure national consistency in quality standards. (5) Submission of a report to the Secretary annually specifically on findings from outcomes research and development of practice guidelines that may affect the Secretary’s determination of coverage of items and services under section 401(a)(1)(G). 502. Addressing health care disparities (a) Evaluating data collection approaches The Center, in coordination with the Office of Health Equity established under section 1712 of the Public Health Service Act (as added by section 616) and other agencies in the Department of Health and Human Services determined relevant by the Secretary, shall evaluate approaches for the collection of data under this Act, to be performed in conjunction with existing quality reporting requirements and programs under this Act, that allow for the ongoing, accurate, and timely collection of data on disparities in health care items and services and performance on the basis of race, ethnicity, national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, or socioeconomic status. In conducting such evaluation, the Center shall consider the following objectives: (1) Protecting patient privacy. (2) Minimizing the administrative burdens of data collection and reporting on providers under the Medicare for All Program. (3) Improving data on race, ethnicity, national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, and socioeconomic status. (b) Reports to Congress (1) Report on evaluation Not later than 18 months after the date on which benefits are first available under section 106(a), the Center shall submit to Congress and the Secretary a report on the evaluation conducted under subsection (a). Such report shall, taking into consideration the results of such evaluation— (A) identify approaches (including defining methodologies) for identifying and collecting and evaluating data on health care disparities on the basis of race, ethnicity, national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, or socioeconomic status under the Medicare for All Program; and (B) include recommendations on the most effective strategies and approaches to reporting quality measures, as appropriate, on the basis of race, ethnicity, national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, or socioeconomic status. (2) Report on data analyses Not later than 4 years after the submission of the report under paragraph (1), and every 4 years thereafter, the Center shall submit to Congress and the Secretary a report that includes recommendations for improving the identification of health care disparities based on the analyses of data collected under subsection (c). (c) Implementing effective approaches Not later than 2 years after the date on which benefits are first available under section 106(a), the Secretary shall implement the approaches identified in the report submitted under subsection (b)(1) for the ongoing, accurate, and timely collection and evaluation of data on health care disparities on the basis of race, ethnicity, national origin, primary language use, age, disability, sex (including gender identity and sexual orientation), geography, or socioeconomic status. VI National Health Budget; Provider Payments; Cost Containment Measures A Budgeting 601. National health budget (a) National health budget (1) In general Not later than September 1 of each year, beginning with the year prior to the date on which benefits are first available under section 106(a), the Secretary shall establish a national health budget, which specifies a budget for the total expenditures to be made for items and services covered under the Medicare for All Program. (2) Division of budget into components The national health budget shall consist of at least the following components: (A) An operating budget. (B) A capital expenditures budget. (C) A special projects budget. (D) Quality assessment activities under title V. (E) Health professional education expenditures. (F) Administrative costs, including costs related to the operation of regional offices. (G) A reserve fund. (H) Prevention and public health activities. (3) Allocation among components The Secretary shall allocate the funds received for purposes of carrying out this Act among the components described in paragraph (2) in a manner that ensures— (A) that the operating budget allows for every participating provider in the Medicare for All Program to meet the needs of their respective patient populations; (B) that the special projects budget is sufficient to meet the health care needs within areas described in paragraph (7) through the construction, renovation, and staffing of health care facilities in a reasonable timeframe; (C) a fair allocation for quality assessment activities; and (D) that the health professional education expenditure component described in paragraph (2)(E) is sufficient to provide for the amount of health professional education expenditures sufficient to meet the need for items and services covered under the Medicare for All Program. (4) For regional allocation The Secretary shall annually provide each regional office with an allotment the Secretary determines appropriate for purposes of carrying out this Act in such region, including payments to providers in such region, capital expenditures in such region, special projects in such region, health professional education in such region, administrative expenses in such region, and prevention and public health activities in such region. (5) Operating budget The operating budget described in paragraph (2)(A) shall be used for— (A) payments to institutional providers pursuant to section 611; and (B) payments to individual providers pursuant to section 612. (6) Capital expenditures budget The capital expenditures budget described in paragraph (2)(B) shall be used for— (A) the construction or renovation of health care facilities, excluding congregate or segregated facilities for individuals with disabilities who receive long-term care services and support; and (B) major equipment purchases. (7) Special projects budget The special projects budget described in paragraph (2)(C) shall be used for the purposes of allocating funds for the construction of new facilities, major equipment purchases, and staffing in rural areas or areas described in section 330(b)(3) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3) 42 U.S.C. 254e(a) (8) Reserve fund The reserve fund described in paragraph (2)(G) shall be used to respond to the costs of an epidemic, pandemic, natural disaster, or other such health emergency, or market-shift adjustments related to patient volume. (9) Construction compliance Expenditures from each component of the national health budget, including construction, shall expand accessibility for persons with disabilities to achieve full compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. (b) Definitions In this section: (1) Capital expenditures The term capital expenditures (2) Health professional education expenditures The term health professional education expenditures 602. Temporary worker assistance (a) In general For up to 5 years following the date on which benefits are first available under section 106(a), at least 1 percent of the national health budget shall be allocated to programs providing assistance to workers who perform functions in the administration of the health insurance system, or related functions within health care institutions or organizations, who may experience economic dislocation as a result of the implementation of this Act. (b) Clarification Assistance described in subsection (a) shall include wage replacement, retirement benefits, job training and placement, preferential hiring, and education benefits. B Payments to Providers 611. Payments to institutional providers based on global budgets (a) In general Not later than the beginning of each fiscal quarter during which an institutional provider of care (including hospitals, skilled nursing facilities, and independent dialysis facilities) is to furnish items and services under the Medicare for All Program, the Secretary shall pay to such institutional provider a lump sum in accordance with the succeeding provisions of this subsection and consistent with the following: (1) Payment in Full Such payment shall be considered as payment in full for all operating expenses for items and services furnished under the Medicare for All Program, whether inpatient or outpatient, by such provider for such quarter, including outpatient or any other care provided by the institutional provider or provided by any health care provider who provided items and services pursuant to an agreement paid through the global budget as described in paragraph (3). (2) Quarterly Review The regional director, on a quarterly basis, shall review whether requirements of the institutional provider’s participation agreement and negotiated global budget have been performed and shall determine whether adjustments to such institutional provider’s payment are warranted. This review shall include consideration for additional funding necessary for unanticipated items and services for individuals with complex medical needs or market-shift adjustments related to patient volume, and an assessment of any adjustments made to ensure that accuracy and need for adjustment was appropriate. (3) Agreements for Salaried Payments for Certain Providers (A) In general Certain group practices and other health care providers, as determined by the Secretary, with agreements to provide items and services at a specified institutional provider paid a global budget under this subsection may elect to be paid through such institutional provider’s global budget in lieu of payment under section 612. (B) Salaries Any individual health care professional of such group practice or other provider receiving payment through an institutional provider’s global budget under this paragraph shall be paid on a salaried basis that is equivalent to salaries or other compensation rates negotiated for individual health care professionals of such institutional provider. (C) Reporting and disclosure requirements Any group practice or other health care provider that receives payment through an institutional provider's global budget under this paragraph shall be subject to the same reporting and disclosure requirements of the institutional provider. (4) Interim adjustments The regional director shall consider a petition for adjustment of any payment under this section filed by an institutional provider at any time based on the following: (A) Factors that led to increased costs for the institutional provider that can reasonably be considered to be unanticipated and out of the control of the institutional provider, such as— (i) natural disasters; (ii) public health emergencies including outbreaks of epidemics or infectious diseases; (iii) unexpected facility or equipment repairs or purchases; (iv) significant and unexpected increases in pharmaceutical or medical device prices; and (v) unanticipated increases in complex or high-cost patients or care needs. (B) Changes in Federal or State law that result in a change in costs. (C) Reasonable increases in labor costs, including salaries and benefits, and changes in collective bargaining agreements, prevailing wages, or local law. (b) Payment amount (1) In general The amount of each payment to a provider described in subsection (a) shall be determined before the start of each calendar year through negotiations between the provider and the regional director with jurisdiction over such provider. Such amount shall be based on factors specified in paragraph (2). (2) Payment factors Payments negotiated pursuant to paragraph (1) shall take into account, with respect to a provider— (A) the historical volume of items and services provided for each item and service in the previous 3-year period; (B) the actual expenditures of such provider in such provider’s most recent cost report under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (i) such expenditures for other institutional providers in the director’s jurisdiction; and (ii) normative payment rates established under comparative payment rate systems, including any adjustments, for such items and services; (C) projected changes in the volume and type of items and services to be furnished; (D) wages for employees, including any necessary increases to ensure mandatory minimum safe registered nurse-to-patient ratios and optimal staffing levels for physicians and other health care workers; (E) the provider’s maximum capacity to provide items and services; (F) education and prevention programs; (G) permissible adjustment to the provider’s operating budget due to factors such as— (i) an increase in primary or specialty care access; (ii) efforts to decrease health care disparities in rural areas or areas described in section 330(b)(3) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3) 42 U.S.C. 254e(a) (iii) a response to emergent epidemic conditions; (iv) an increase in complex or high-cost patients or care needs; or (v) proposed new and innovative patient care programs at the institutional level; (H) whether the provider is located in a high social vulnerability index community, ZIP Code, or census track, or is a minority-serving provider; and (I) any other factor determined appropriate by the Secretary. (3) Limitation Payment amounts negotiated pursuant to paragraph (1) may not— (A) take into account capital expenditures of the provider or any other expenditure not directly associated with the provision of items and services by the provider to an individual; (B) be used by a provider for capital expenditures or such other expenditures; (C) exceed the provider’s capacity to provide care under the Medicare for All Program; or (D) be used to pay or otherwise compensate any board member, executive, or administrator of the institutional provider who has any interest or relationship prohibited under section 301(b)(2). (4) Limitation on Compensation Compensation costs for any employee or any contractor or any subcontractor employee of an institutional provider receiving global budgets under this section shall not exceed the compensation cap established in section 4304(a)(16) of title 41, United States Code, as added by section 702 of the Bipartisan Budget Act of 2013, and implementing regulations. (5) Regional negotiations permitted Subject to section 614, a regional director may negotiate changes to an institutional provider’s global budget, including any adjustments to address unforeseen market shifts related to patient volume. (c) Baseline rates and adjustments (1) In general The Secretary shall use existing prospective payment systems under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (2) Specifications In developing the comparative payment rate system, the Secretary shall use only the operating base payment rates under each such prospective payment systems with applicable adjustments. (3) Limitation The comparative rate system established under this subsection shall not include the value-based payment adjustments and the capital expenses base payment rates that may be included in such a prospective payment system. (4) Initial year In the first year that global budget payments under this Act are available to institutional providers and for purposes of selecting a comparative payment rate system used during initial global budget negotiations for each institutional provider, the Secretary shall take into account the appropriate prospective payment system from the most recent year under title XVIII of the Social Security Act to determine what operating base payment the institutional provider would have been paid for items and services covered under the Medicare for All Program furnished the preceding year with applicable adjustments, including adjustments due to any public health emergencies in the preceding year, and excluding value-based payment adjustments, based on such prospective payment system. (d) Operating expenses For purposes of this title, operating expenses (1) The cost of all items and services associated with the provision of inpatient care and outpatient care, including the following: (A) Wages and salary costs for physicians, nurses, and other health care practitioners employed by an institutional provider, including mandatory minimum safe registered nurse-to-patient staffing ratios and optimal staffing levels for physicians and other health care workers. (B) Wages and salary costs for all ancillary staff and services. (C) Costs of all pharmaceutical products administered by health care clinicians at the institutional provider’s facilities or through items or services provided in accordance with State licensing laws or regulations under which the institutional provider operates. (D) Costs for infectious disease response preparedness, including maintenance of a 1-year or 365-day stockpile of personal protective equipment, occupational testing and surveillance, medical items and services for occupational infectious disease exposure, and contact tracing. (E) Purchasing and maintenance of medical devices, supplies, and other health care technologies, including diagnostic testing equipment. (F) Costs of all incidental items and services necessary for safe patient care and handling. (G) Costs of patient care, education, and prevention programs, including occupational health and safety programs, public health programs, and necessary staff to implement such programs, for the continued education and health and safety of clinicians and other individuals employed by the institutional provider. (2) Administrative costs for the institutional provider. 612. Payments to individual providers through fee-for-service (a) Medicare for all fee schedule (1) Establishment Not later than 1 year after the date of the enactment of this Act, and in consultation with providers and regional office directors, the Secretary shall establish and annually update a national fee schedule that establishes amounts for items and services payable under the Medicare for All Program, furnished by— (A) individual providers; (B) providers in group practices who are not receiving payments on a salaried basis described in section 611(a)(3); (C) providers of home- and community-based services; and (D) any other provider not described in section 611. (2) Amounts In establishing the fee schedule under paragraph (1), the Secretary shall take into account— (A) the amounts payable for such items and services under title XVIII of the Social Security Act and other Federal health programs; and (B) the expertise of providers and the value of items and services furnished by such providers. (b) Leveraging existing medicare payment processes (1) Application of payment processes under title XVIII Except as otherwise provided in this section, the Secretary shall establish, and shall annually update by regulation, the fee schedule under subsection (a) in a manner that is documented, is transparent, allows for public comment, and, to the greatest extent practicable, is consistent with processes for determining, revising, and making payments for items and services under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (2) Electronic billing The Secretary shall establish a uniform national system for electronic billing for purposes of making payments under this section. (c) Application of current and planned payment reforms To the extent the Secretary determines such application is necessary to ensure a smooth and fair transition, the Secretary may apply payment reform activities planned or implemented with respect to such title XVIII as of the date of the enactment of this Act, including demonstrations, waivers, or any other provider payment agreements, to benefits under the Medicare for All Program, provided that the Secretary sets forth a process for reviewing such applications and making such determinations that is reasonable, transparent, and documented, and allows for public comment. (d) Physician practice review board Each director of a regional office, in consultation with representatives of physicians practicing in that region, shall establish and appoint a physician practice review board to assure quality, cost effectiveness, and fair reimbursements for physician-delivered items and services. The use of mechanisms that discriminate against people with disabilities is prohibited for use in any value or cost-effectiveness assessments. 613. Accurate valuation of services under the Medicare physician fee schedule (a) Standardized and documented review process Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (P) Standardized and documented review process (i) In general Not later than one year after the date of enactment of this subparagraph, the Secretary shall establish, document, and make publicly available, in consultation with the Office of Primary Health Care, a standardized process for reviewing the relative values of physicians’ services under this paragraph. (ii) Minimum requirements The standardized process shall include, at a minimum, methods and criteria for identifying services for review, prioritizing the review of services, reviewing stakeholder recommendations, and identifying additional resources to be considered during the review process. . (b) Planned and documented use of funds Section 1848(c)(2)(M) of the Social Security Act ( 42 U.S.C. 1305w–4(c)(2)(M) (x) Planned and documented use of funds For each fiscal year (beginning with the first fiscal year beginning on or after the date of enactment of this clause), the Secretary shall provide to Congress a written plan for using the funds provided under clause (ix) to collect and use information on physicians’ services in the determination of relative values under this subparagraph. . (c) Internal tracking of reviews (1) In general Not later than one year after the date of enactment of this Act, the Secretary shall submit to Congress a proposed plan for systematically and internally tracking the Secretary's review of the relative values of physicians' services, such as by establishing an internal database, under section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (2) Minimum requirements The proposal shall include, at a minimum, plans and a timeline for achieving the ability to systematically and internally track the following: (A) When, how, and by whom services are identified for review. (B) When services are reviewed or when new services are added. (C) The resources, evidence, data, and recommendations used in reviews. (D) When relative values are adjusted. (E) The rationale for final relative value decisions. (d) Frequency of review Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (1) in subparagraph (B)(i), by striking 5 4 (2) in subparagraph (K)(i)(I), by striking periodically annually (e) Consultation with Medicare Payment Advisory Commission (1) In general Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (A) in subparagraph (B)(i), by inserting in consultation with the Medicare Payment Advisory Commission, The Secretary, (B) in subparagraph (K)(i)(I), as amended by subsection (d)(2), by inserting , in coordination with the Medicare Payment Advisory Commission, annually (2) Conforming amendments Section 1805 of the Social Security Act ( 42 U.S.C. 1395b–6 (A) in subsection (b)(1)(A), by inserting the following before the semicolon at the end: and including coordinating with the Secretary in accordance with section 1848(c)(2) to systematically review the relative values established for physicians' services, identify potentially misvalued services, and propose adjustments to the relative values for physicians' services (B) in subsection (e)(1), in the second sentence, by inserting or the Ranking Minority Member the Chairman (f) Periodic audit by the Comptroller General Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2) (Q) Periodic audit by the Comptroller General (i) In general The Comptroller General of the United States (in this subparagraph referred to as the Comptroller General (ii) Access to information The Comptroller General shall have unrestricted access to all deliberations, records, and data related to the activities carried out under this paragraph, in a timely manner, upon request. . 614. Payments for prescription drugs and approved devices and equipment (a) Negotiated prices The prices to be paid for pharmaceutical products, medical supplies, and medically necessary assistive equipment covered under the Medicare for All Program shall be negotiated annually by the Secretary. (b) Prescription drug formulary (1) In general The Secretary shall establish a prescription drug formulary system, pursuant to the requirements of section 202, which shall encourage best-practices in prescribing and discourage the use of ineffective, dangerous, or excessively costly medications when better alternatives are available. (2) Promotion of use of generics The formulary under this subsection shall promote the use of generic medications to the greatest extent possible. (3) Formulary updates and petition rights The formulary under this subsection shall be updated frequently and clinicians and patients may petition the Secretary to add new pharmaceuticals or to remove ineffective or dangerous medications from the formulary. (4) Use of off-formulary medications The Secretary shall promulgate rules regarding the use of off-formulary medications which allow for patient access but do not compromise the formulary. 615. Payment prohibitions; capital expenditures; special projects (a) Prohibitions Payments to participating providers described in section 301(a) may not take into account, include any process for the provision of funding for, or be used by a provider for— (1) marketing of the provider; (2) the profit or net revenue of the provider, or increasing the profit or net revenue of the provider; (3) any agreement or arrangement described in section 203(a)(4) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433(a)(4) (4) political or other contributions prohibited under section 317(a)(1) of the Federal Elections Campaign Act of 1971 ( 52 U.S.C. 30119(a)(1) (b) Payments for capital expenditures (1) In general The Secretary shall pay, from amounts made available for capital expenditures pursuant to section 601(a)(2)(B), such sums determined appropriate by the Secretary to providers who have submitted an application to the regional director of the region or regions in which the provider operates or seeks to operate in a time and manner specified by the Secretary for purposes of funding capital expenditures of such providers. (2) Priority The Secretary shall prioritize allocation of funding under paragraph (1) to projects that propose to use such funds to improve items and services for medically underserved populations and areas described in section 330(b)(3) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3) (3) Limitation The Secretary shall not grant funding for capital expenditures under this subsection for capital projects that are financed directly or indirectly through the diversion of private or other non-Medicare for All Program funding that results in reductions in care to patients, including reductions in registered nursing staffing patterns and changes in emergency room or primary care services or availability. (4) Capital assets not funded by the Medicare for All Program Operating expenses and funds shall not be used by an institutional provider receiving payment for capital expenditures under this subsection for a capital asset that was not funded by the Medicare for All Program without the approval of the regional director or directors of the region or regions where the capital asset is located. (c) Prohibition against co-Mingling operating and capital funds Providers that receive payment under this title shall be prohibited from using, with respect to funds made available under this Act— (1) funds designated for operating expenditures for capital expenditures or for profit; or (2) funds designated for capital expenditures for operating expenditures. (d) Payments for special projects (1) In general The Secretary shall allocate to each regional director, from amounts made available for special projects pursuant to section 601(a)(2)(C), such sums determined appropriate by the Secretary for purposes of funding projects described in such section, including the construction, renovation, or staffing of health care facilities in rural, underserved, or health professional or medical shortage areas within such region and to address health disparities, including racial, ethnic, national origin, primary language use, age, disability, sex, including gender identity and sexual orientation, geography, or socioeconomic health disparities. Each regional director shall, prior to distributing such funds in accordance with paragraph (2), present a budget describing how such funds will be distributed to the Secretary. (2) Distribution A regional director shall distribute funds to providers operating in the region of such director’s jurisdiction in a manner determined appropriate by the director. (e) Prohibition on financial incentive metrics in payment determinations The Secretary may not utilize any quality metrics or standards for the purposes of establishing provider payment methodologies, programs, modifiers, or adjustments for provider payments under this title. 616. Office of Health Equity Title XVII of the Public Health Service Act ( 42 U.S.C. 300u et seq. 1712. Office of Health Equity (a) In general There is established, in the Office of the Secretary of Health and Human Services, an Office of Health Equity, to be headed by a Director, to ensure coordination and collaboration across the programs and activities of the Department of Health and Human Services with respect to ensuring health equity. (b) Monitoring, tracking, and availability of data (1) In general In carrying out subsection (a), the Director of the Office of Health Equity shall monitor, track, and make publicly available data on— (A) the disproportionate burden of disease and death among people of color, disaggregated by race, major ethnic group, Tribal affiliation, national origin, primary language use, English proficiency status, immigration status, length of stay in the United States, age, disability, sex (including gender identity and sexual orientation), incarceration, homelessness, geography, and socioeconomic status; (B) barriers to health, including such barriers relating to income, education, housing, food insecurity (including availability, access, utilization, and stability), employment status, working conditions, and conditions related to the physical environment (including pollutants, population density, and accessibility); (C) barriers to health care access, including— (i) lack of trust and awareness; (ii) lack of transportation; (iii) lack of accessibility; (iv) geography; (v) hospital and service closures; (vi) lack of health care infrastructure and facilities; and (vii) lack of health care professional staffing and recruitment; (D) disparities in quality of care received, including discrimination in health care settings and the use of racially biased practice guidelines and algorithms; and (E) disparities in utilization of care. (2) Analysis of cross-sectional information The Director of the Office of Health Equity shall ensure that the data collection and reporting process under paragraph (1) allows for the analysis of cross-sectional information on people’s identities. (c) Policies In carrying out subsection (a), the Director of the Office of Health Equity shall develop, coordinate, and promote policies that enhance health equity, including by— (1) providing recommendations on— (A) cultural competence, implicit bias, and ethics training with respect to health care workers; (B) increasing diversity in the health care workforce; and (C) ensuring sufficient health care professionals and facilities; and (2) ensuring adequate public health funding at the local and State levels to address health disparities. (d) Consultation In carrying out subsection (a), the Director of the Office of Health Equity, in coordination with the Director of the Indian Health Service, shall consult with Indian Tribes and with urban Indian organizations on data collection, reporting, and implementation of policies. (e) Annual report In carrying out subsection (a), the Director of the Office of Health Equity shall develop and publish an annual report on— (1) statistics collected by the Office; (2) proposed evidence-based solutions to mitigate health inequities; and (3) health care professional staffing levels and access to facilities. (f) Centralized electronic repository In carrying out subsection (a), the Director of the Office of Health Equity shall— (1) establish and maintain a centralized electronic repository to incorporate data collected across Federal departments and agencies on race, ethnicity, Tribal affiliation, national origin, primary language use, English proficiency status, immigration status, length of stay in the United States, age, disability, sex (including gender identity and sexual orientation), incarceration, homelessness, geography, and socioeconomic status; and (2) make such data available for public use and analysis. (g) Privacy Notwithstanding any other Federal or State law, no Federal or State official or employee or other entity shall disclose, or use, for any law enforcement or immigration purpose, any personally identifiable information (including with respect to an individual’s religious beliefs, practices, or affiliation, national origin, ethnicity, or immigration status) that is collected or maintained pursuant to this section. . 617. Office of Primary Health Care Title XVII of the Public Health Service Act ( 42 U.S.C. 300u et seq. 1713. Office of Primary Health Care (a) In general There is established, in the Office of Health Equity established under section 1712, an Office of Primary Health Care, to be headed by a Director, to ensure coordination and collaboration across the programs and activities of the Department of Health and Human Services with respect to increasing access to high-quality primary health care, particularly in underserved areas and for underserved populations. (b) National Goals Not later than 1 year after the date of enactment of this section, the Director of the Office of Primary Health Care shall publish national goals— (1) to increase access to high-quality primary health care, particularly in underserved areas and for underserved populations; and (2) to address health disparities, including with respect to race, ethnicity, national origin (disaggregated by major ethnic group and Tribal affiliation), primary language use, English proficiency status, immigration status, length of stay in the United States, age, disability, sex (including gender identity and sexual orientation), incarceration, homelessness, geography, and socioeconomic status. (c) Other responsibilities In carrying out subsections (a) and (b), the Director of the Office of Primary Health Care shall— (1) coordinate, in consultation with the Secretary, health professional education policies and goals to achieve the national goals published pursuant to subsection (b); (2) develop and maintain a system to monitor the number and specialties of individuals pursuing careers in, or practicing, primary health care through their health professional education, any postgraduate training, and professional practice; (3) develop, coordinate, and promote policies that expand the number of primary health care practitioners including primary medical, dental, and behavioral health care providers, registered nurses, and other advanced practice clinicians; (4) recommend appropriate workforce training, technical assistance, and patient protection enhancements for primary health care practitioners, including registered nurses, to achieve uniform high quality and patient safety; (5) provide recommendations on targeted programs and resources for Federally qualified health centers, community health centers, rural health centers, behavioral health clinics, and other community-based organizations; (6) provide recommendations for broader patient referral to additional resources, not limited to health care, and collaboration with other organizations and sectors that influence health outcomes; and (7) consult with the Secretary on the allocation of the special projects budget under section 601(a)(2)(C) of the Medicare for All Act (d) Rule of construction Nothing in this section shall be construed— (1) to preempt any provision of State law establishing practice standards or guidelines for health care professionals, including professional licensing or practice laws or regulations; or (2) to require that any State impose additional educational standards or guidelines for health care professionals. . VII Medicare for All Trust Fund 701. Medicare for All Trust Fund (a) In general There is hereby created on the books of the Treasury of the United States a trust fund to be known as the Medicare for All Trust Fund (in this section referred to as the Trust Fund (b) Appropriations into trust fund (1) Taxes There are appropriated to the Trust Fund for each fiscal year beginning with the fiscal year which includes the date on which benefits are first available under section 106(a), out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 percent of the net increase in revenues to the Treasury which is attributable to the amendments made by section 801 and section 902. The amounts appropriated by the preceding sentence shall be transferred from time to time (but not less frequently than monthly) from the general fund in the Treasury to the Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes paid to or deposited into the Treasury, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the amounts that should have been so transferred. (2) Current program receipts (A) Initial year Notwithstanding any other provision of law, there is hereby appropriated to the Trust Fund for the first fiscal year beginning at least one year after the date of the enactment of this Act, an amount equal to the aggregate amount appropriated for the preceding fiscal year for the following (increased by the consumer price index for all urban consumers for the fiscal year involved): (i) The Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (ii) The Medicaid program under State plans approved under title XIX of such Act ( 42 U.S.C. 1396 et seq. (iii) The Federal Employees Health Benefits program, under chapter 89 (iv) The maternal and child health program (under title V of the Social Security Act ( 42 U.S.C. 701 et seq. (B) Subsequent years Notwithstanding any other provision of law, there is appropriated to the Trust Fund for each fiscal year following the fiscal year in which the appropriation is made under subparagraph (A), an amount equal to the amount appropriated to the Trust Fund for the previous year, adjusted for reductions in costs resulting from the implementation of this Act, changes in the consumer price index for all urban consumers for the fiscal year involved, and other factors determined appropriate by the Secretary. (3) Restrictions shall not apply Any other provision of law in effect on the date of enactment of this Act restricting the use of Federal funds for any reproductive health item or service shall not apply to monies in the Trust Fund. (c) Incorporation of provisions The provisions of subsections (b) through (i) of section 1817 of the Social Security Act ( 42 U.S.C. 1395i Board of Trustees of the Trust Fund Board of Trustees Secretary (d) Transfer of funds Any amounts remaining in the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act ( 42 U.S.C. 1395i 42 U.S.C. 1395t VIII Conforming Amendments to the Employee Retirement Income Security Act of 1974 801. Prohibition of employee benefits duplicative of benefits under the Medicare for All Program; coordination in case of workers’ compensation (a) In general Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1131 et seq. 523. Prohibition of employee benefits duplicative of Medicare for All Program benefits; coordination in case of workers’ compensation (a) In general Subject to subsection (b), no employee benefit plan may provide benefits that duplicate payment for any items or services for which payment may be made under the Medicare for All Program established under section 101 of the Medicare for All Act Medicare for All Program (b) Reimbursement Each workers compensation carrier that is liable for payment for workers compensation services furnished in a State shall reimburse the Medicare for All Program for the cost of such services. (c) Definitions In this subsection— (1) the term workers compensation carrier (2) the term workers compensation medical benefits (3) the term workers compensation services . (b) Conforming amendment Section 4(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1003(b) Paragraph (3) shall apply subject to section 523(b) (relating to reimbursement of the Medicare for All Program by workers compensation carriers). (c) Clerical amendment The table of contents in section 1 of such Act is amended by inserting after the item relating to section 522 the following new item: Sec. 523. Prohibition of employee benefits duplicative of Medicare for All Program benefits; coordination in case of workers’ compensation. . 802. Repeal of continuation coverage requirements under ERISA and certain other requirements relating to group health plans (a) In general Part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1161 et seq. (b) Conforming amendments (1) Section 502(a) of such Act ( 29 U.S.C. 1132(a) (A) by striking paragraph (7); and (B) by redesignating paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively. (2) Section 502(c)(1) of such Act ( 29 U.S.C. 1132(c)(1) paragraph (1) or (4) of section 606, (3) Section 502(e) of such Act ( 29 U.S.C. 1132(e) paragraphs (1)(B) and (7) paragraph (1)(B) (4) Section 502(l)(3)(B) of such Act ( 29 U.S.C. 1132(l)(3)(B) subsection (a)(9) subsection (a)(8) (5) Section 514(b) of such Act ( 29 U.S.C. 1144(b) (A) in paragraph (7), by striking section 206(d)(3)(B)(i)), (B) by striking paragraph (8). (6) The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by striking the items relating to part 6 of subtitle B of title I of such Act. 803. Effective date of title The provisions of and amendments made by this title shall take effect on the date on which benefits are first available under section 106(a). IX Additional Conforming Amendments 901. Relationship to existing Federal health programs (a) Medicare, Medicaid, and State Children’s Health Insurance Program (SCHIP) (1) In general Notwithstanding any other provision of law, subject to paragraphs (2) and (3)— (A) no benefits shall be available under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. (B) no individual is entitled to medical assistance under a State plan approved under title XIX of such Act ( 42 U.S.C. 1396 et seq. (C) no individual is entitled to medical assistance under a State child health plan under title XXI of such Act ( 42 U.S.C. 1397aa et seq. (D) no payment shall be made to a State under section 1903(a) or 2105(a) of such Act ( 42 U.S.C. 1396b(a) 42 U.S.C. 1397ee (2) Transition In the case of inpatient hospital services and extended care services during a continuous period of stay which began before the date on which benefits are first available under section 106(a), and which had not ended as of such date, for which benefits are provided under title XVIII of the Social Security Act, under a State plan under title XIX of such Act, or under a State child health plan under title XXI of such Act, the Secretary shall provide for continuation of benefits under such title or plan until the end of the period of stay. (3) Continued coverage of long-term care and other certain services under Medicaid (A) In general This subsection shall not apply to entitlement to medical assistance provided under title XIX of the Social Security Act for— (i) institutional long-term care services (as defined in section 1948(b) of such Act); or (ii) any other service for which benefits are not available under the Medicare for All Program and which is furnished under a State plan under title XIX of the Social Security Act which provided for medical assistance for such service on January 1, 2023. (B) Coordination between Secretary and States The Secretary shall coordinate with the directors of State agencies responsible for administering State plans under title XIX of the Social Security Act to— (i) identify items and services described in subparagraph (A)(ii) with respect to each State plan; and (ii) ensure that such items and services continue to be made available under such plan. (C) State maintenance of effort requirement With respect to any service described in subparagraph (A)(ii) that is made available under a State plan under title XIX of the Social Security Act, the maintenance of effort requirements described in section 1948(c) of such Act (related to eligibility standards and required expenditures) shall apply to such service in the same manner that such requirements apply to institutional long-term care services (as defined in section 1948(b) of such Act). (b) Federal employees health benefits program No benefits shall be made available under chapter 89 (c) Treatment of benefits for veterans and native americans (1) In general Nothing in this Act shall affect the eligibility of veterans for the medical benefits and services provided under title 38, United States Code, the eligibility of individuals for TRICARE medical benefits and services provided under sections 1079 and 1086 of title 10, United States Code, or of Indians for the medical benefits and services provided by or through the Indian Health Service. (2) Reevaluation No reevaluation of the Indian Health Service shall be undertaken without consultation with Tribal leaders and stakeholders. 902. Sunset of provisions related to the Federal and State Exchanges Effective on the date on which benefits are first available under section 106(a), the Federal and State Exchanges established pursuant to title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 X Transition to Medicare for All A Improvements to Medicare 1001. Protecting Medicare fee-for-service beneficiaries from high out-of-pocket costs (a) Protection against high out-of-Pocket expenditures Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 1899C. Protection Against High Out-of-Pocket Expenditures (a) In general Notwithstanding any other provision of this title, in the case of an individual entitled to, or enrolled for, benefits under part A or enrolled in part B, if the amount of the out-of-pocket cost-sharing of such individual for a year (effective the year beginning January 1 of the year following the date of enactment of the Medicare for All Act (b) Out-of-Pocket cost-Sharing defined (1) In general Subject to paragraphs (2) and (3), in this section, the term out-of-pocket cost-sharing (A) coinsurance and copayments applicable under part A or B; or (B) for items and services that would have otherwise been covered under part A or B but for the exhaustion of those benefits. (2) Certain costs not included (A) Non-covered items and services Expenses incurred for items and services which are not included (or treated as being included) under part A or B shall not be considered incurred expenses for purposes of determining out-of-pocket cost-sharing under paragraph (1). (B) Items and services not furnished on an assignment-related basis If an item or service is furnished to an individual under this title and is not furnished on an assignment-related basis, any additional expenses the individual incurs above the amount the individual would have incurred if the item or service was furnished on an assignment-related basis shall not be considered incurred expenses for purposes of determining out-of-pocket cost-sharing under paragraph (1). (3) Source of payment For purposes of paragraph (1), the Secretary shall consider expenses to be incurred by the individual without regard to whether the individual or another person, including a State program or other third-party coverage, has paid for such expenses. . (b) Elimination of parts A and B deductibles (1) Part A Section 1813(b) of the Social Security Act ( 42 U.S.C. 1395e(b) (4) For each year (beginning January 1 of the year following the date of enactment of the Medicare for All Act . (2) Part B Section 1833(b) of the Social Security Act ( 42 U.S.C. 1395l(b) (A) by striking and for a subsequent year for each of 2006 through the year that includes the date of enactment of the Medicare for All Act (B) by inserting , and $0 for each year subsequent year $1) 1002. Reducing Medicare part D annual out-of-pocket threshold Section 1860D–2(b)(4)(B) of the Social Security Act ( 42 U.S.C. 1395w–102(b)(4)(B) (1) in clause (i), by striking For purposes Subject to clause (iii), for purposes (2) by adding at the end the following new clause: (iii) Reduction in threshold during transition period (I) In general Subject to subclause (II), for plan years beginning on or after January 1 following the date of enactment of the Medicare for All Act annual out-of-pocket threshold (II) Authority to exempt brand-name drugs if generic available In applying subclause (I), the Secretary may exempt costs incurred for a covered part D drug that is an applicable drug under section 1860D–14A(g)(2) if the Secretary determines that a generic version of that drug is available. . 1003. Expanding Medicare to cover dental and vision services and hearing aids and examinations under part B (a) Dental services (1) Removal of exclusion from coverage Section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y(a) (2) Coverage (A) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) (i) in subparagraph (II), by striking and (ii) in subparagraph (JJ), by inserting and (iii) by adding at the end the following new subparagraph: (KK) dental services; . (B) Payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) (i) by striking and (HH) (ii) by inserting before the semicolon at the end the following: and (II) with respect to dental services described in section 1861(s)(2)(KK), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b). (C) Effective date The amendments made by this subsection shall apply to items and services furnished on or after January 1 following the date of the enactment of this Act. (b) Vision services (1) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) (A) in subparagraph (JJ), by striking and (B) in subparagraph (KK), by inserting and (C) by adding at the end the following new subparagraph: (LL) vision services; . (2) Payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) (A) by striking and (II) (B) by inserting before the semicolon at the end the following: , and (JJ) with respect to vision services described in section 1861(s)(2)(LL), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b). (3) Effective date The amendments made by this subsection shall apply to items and services furnished on or after January 1 following the date of the enactment of this Act. (c) Hearing aids and examinations therefor (1) In general Section 1862(a)(7) of the Social Security Act ( 42 U.S.C. 1395y(a)(7) hearing aids or examinations therefor, (2) Effective date The amendment made by this subsection shall apply to items and services furnished on or after January 1 following the date of the enactment of this Act. 1004. Eliminating the 24-month waiting period for Medicare coverage for individuals with disabilities (a) In general Section 226(b) of the Social Security Act 42 U.S.C. 426(b) (1) in paragraph (2)(A), by striking , and has for 24 calendar months been entitled to, (2) in paragraph (2)(B), by striking , and has been for not less than 24 months, (3) in paragraph (2)(C)(ii), by striking , including the requirement that he has been entitled to the specified benefits for 24 months, (4) in the first sentence, by striking for each month beginning with the later of (I) July 1973 or (II) the twenty-fifth month of his entitlement or status as a qualified railroad retirement beneficiary described in paragraph (2), and for each month for which the individual meets the requirements of paragraph (2), beginning with the month following the month in which the individual meets the requirements of such paragraph, and (5) in the second sentence, by striking the twenty-fifth month of his entitlement paragraph (2)(C) and (b) Conforming amendments (1) Section 226 Section 226 of the Social Security Act 42 U.S.C. 426 (A) by striking subsections (e)(1)(B), (f), and (h); and (B) by redesignating subsections (g) and (i) as subsections (f) and (g), respectively. (2) Medicare description Section 1811(2) of the Social Security Act 42 U.S.C. 1395c(2) have been entitled for not less than 24 months are entitled (3) Medicare coverage Section 1837(g)(1) of the Social Security Act 42 U.S.C. 1395p(g)(1) 25th month of month following the first month of (4) Railroad retirement system Section 7(d)(2)(ii) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231f(d)(2)(ii) (A) by striking has been entitled to an annuity is entitled to an annuity (B) by striking , for not less than 24 months (C) by striking could have been entitled for 24 calendar months, and (c) Effective date The amendments made by this section shall apply to insurance benefits under title XVIII of the Social Security Act 1005. Guaranteed issue of Medigap policies Section 1882 of the Social Security Act ( 42 U.S.C. 1395ss (aa) Guaranteed issue for all Medigap-Eligible Medicare beneficiaries Notwithstanding paragraphs (2)(A) and (2)(D) of subsection (s) or any other provision of this section, on or after the date of enactment of this subsection, the issuer of a Medicare supplemental policy may not deny or condition the issuance or effectiveness of a Medicare supplemental policy, or discriminate in the pricing of the policy, because of health status, claims experience, receipt of health care, or medical condition in the case of any individual entitled to, or enrolled for, benefits under part A and enrolled for benefits under part B. . B Temporary Medicare Buy-In Option and Temporary Public Option 1011. Lowering the Medicare age (a) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. 1899E. Temporary Medicare Buy-In Option for Certain Individuals (a) No effect on other benefits for individuals otherwise eligible or on Trust Funds The Secretary shall implement the provisions of this section in such a manner to ensure that such provisions— (1) have no effect on the benefits under this title for individuals who are entitled to, or enrolled for, such benefits other than through this section; and (2) have no negative impact on the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund). (b) Option (1) In general Every individual who meets the requirements described in paragraph (3) shall be eligible to enroll under this section. (2) Part A, B, and D benefits An individual enrolled under this section is entitled to the same benefits (and shall receive the same protections) under this title as an individual who is entitled to benefits under part A and enrolled under parts B and D, including the ability to enroll in a private plan that provides qualified prescription drug coverage. (3) Requirements for eligibility The requirements described in this paragraph are the following: (A) The individual is a resident of the United States. (B) The individual is— (i) a citizen or national of the United States; or (ii) an alien lawfully admitted for permanent residence. (C) The individual is not otherwise entitled to benefits under part A or eligible to enroll under part A or part B. (D) The individual has attained the applicable years of age but has not attained 65 years of age. (4) Applicable years of age defined For purposes of this section, the term applicable years of age (A) effective January 1 of the first year following the date of enactment of the Medicare for All Act (B) effective January 1 of the second year following such date of enactment, the age of 45; and (C) effective January 1 of the third year following such date of enactment, the age of 35. (c) Enrollment; coverage The Secretary shall establish enrollment periods and coverage under this section consistent with the principles for establishment of enrollment periods and coverage for individuals under other provisions of this title. The Secretary shall establish such periods so that coverage under this section shall first begin on January 1 of the year on which an individual first becomes eligible to enroll under this section. (d) Premium (1) Amount of monthly premiums The Secretary shall, during September of each year (beginning with the first September following the date of enactment of the Medicare for All Act 1/12 (2) Annual premium (A) Combined per capita average for all Medicare benefits The Secretary shall estimate the average, annual per capita amount for benefits and administrative expenses that will be payable under parts A, B, and D in the year for all individuals enrolled under this section. (B) Annual premium The annual premium under this subsection for months in a year is equal to the average, annual per capita amount estimated under subparagraph (A) for the year. (3) Increased premium for complementary plans Nothing in this section shall preclude an individual from choosing a prescription drug plan or other complementary plans which requires the individual to pay an additional amount (because of supplemental benefits or because it is a more expensive plan). In such case the individual would be responsible for the increased monthly premium. (e) Payment of premiums (1) In general Premiums for enrollment under this section shall be paid to the Secretary at such times, and in such manner, as the Secretary determines appropriate. (2) Deposit Amounts collected by the Secretary under this section shall be deposited in the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund) in such proportion as the Secretary determines appropriate. (f) Not eligible for Medicare cost-Sharing assistance An individual enrolled under this section shall not be treated as enrolled under any part of this title for purposes of obtaining medical assistance for Medicare cost-sharing or otherwise under title XIX. (g) Treatment in relation to the Affordable Care Act (1) Satisfaction of individual mandate For purposes of applying section 5000A (2) Eligibility for premium assistance Coverage provided under this section— (A) shall be treated as coverage under a qualified health plan in the individual market enrolled in through the Exchange where the individual resides for all purposes of section 36B (B) shall not be treated as eligibility for other minimum essential coverage for purposes of subsection (c)(2)(B) of such section 36B. The Secretary shall determine the applicable second lowest cost silver plan which shall apply to coverage under this section for purposes of section 36B of such Code. (3) Eligibility for cost-sharing subsidies For purposes of applying section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 (A) coverage provided under this section shall be treated as coverage under a qualified health plan in the silver level of coverage in the individual market offered through an Exchange; and (B) the Secretary shall be treated as the issuer of such plan. (h) Consultation In promulgating regulations to implement this section, the Secretary shall consult with interested parties, including groups representing beneficiaries, health care providers, employers, and insurance companies. . 1012. Establishment of the Medicare transition plan (a) In general To carry out the purpose of this section, for plan years beginning with the first plan year that begins after the date of enactment of this Act and ending with the date on which benefits are first available under section 106(a), the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid (referred to in this section as the Administrator Medicare Transition plan (b) Administrating the Medicare transition (1) Administrator The Administrator shall administer the Medicare Transition plan in accordance with this section. (2) Application of ACA requirements Consistent with this section, the Medicare Transition plan shall comply with requirements under title I of the Patient Protection and Affordable Care Act (and the amendments made by that title) and title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. (3) Offering through Exchanges The Medicare Transition plan shall be made available only through the Exchanges, and shall be available to individuals wishing to enroll and to qualified employers (as defined in section 1312(f)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f)(2) (4) Eligibility to purchase Any United States resident may enroll in the Medicare Transition plan. (c) Benefits; actuarial value In carrying out this section, the Administrator shall ensure that the Medicare Transition plan provides— (1) coverage for the benefits required to be covered under title II; and (2) coverage of benefits that are actuarially equivalent to 90 percent of the full actuarial value of the benefits provided under the plan. (d) Providers and reimbursement rates (1) In general With respect to the reimbursement provided to health care providers for covered benefits, as described in section 201, provided under the Medicare Transition plan, the Administrator shall reimburse such providers at rates determined for equivalent items and services under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. (2) Prescription drugs Any payment rate under this subsection for a prescription drug shall be at a rate negotiated by the Administrator with the manufacturer of the drug. If the Administrator is unable to reach a negotiated agreement on such a reimbursement rate, the Administrator shall establish the rate at an amount equal to the lesser of— (A) the price paid by the Secretary of Veterans Affairs to procure the drug under the laws administered by the Secretary of Veterans Affairs; (B) the price paid to procure the drug under section 8126 of title 38, United States Code; or (C) the best price determined under section 1927(c)(1)(C) of the Social Security Act ( 42 U.S.C. 1396r–8(c)(1)(C) (3) Participating providers (A) In general A health care provider that is a participating provider of services or supplier under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 42 U.S.C. 1396 et seq. (B) Additional providers The Administrator shall establish a process to allow health care providers not described in subparagraph (A) to become participating providers in the Medicare Transition plan. Such process shall be similar to the process applied to new providers under the Medicare program. (e) Premiums (1) Determination The Administrator shall determine the premium amount for enrolling in the Medicare Transition plan, which— (A) may vary according to family or individual coverage, age, and tobacco status (consistent with clauses (i), (iii), and (iv) of section 2701(a)(1)(A) of the Public Health Service Act ( 42 U.S.C. 300gg(a)(1)(A) (B) shall take into account the cost-sharing reductions and premium tax credits which will be available with respect to the plan under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 section 36B (2) Limitation Variation in premium rates of the Medicare Transition plan by rating area, as described in clause (ii) of section 2701(a)(1)(A)(iii) of the Public Health Service Act ( 42 U.S.C. 300gg(a)(1)(A) (f) Termination The provisions of this section shall cease to have force or effect on the date on which benefits are first available under section 106(a). (g) Tax credits and cost-Sharing subsidies (1) Premium assistance tax credits (A) Credits allowed to Medicare Transition plan enrollees at or above 44 percent of poverty in non-expansion States Paragraph (1) of section 36B(c) (C) Special rules for Medicare Transition plan enrollees (i) In general In the case of a taxpayer who is covered, or whose spouse or dependent (as defined in section 152) is covered, by the Medicare Transition plan established under section 1012(a) of the Medicare for All Act but does not exceed 400 percent (ii) Enrollees in Medicaid non-expansion States In the case of a taxpayer residing in a State which (as of the date of the enactment of the Medicare for All Act Medicare for All Act 0 percent 100 percent . (B) Premium assistance amounts for taxpayers enrolled in Medicare Transition plan (i) In general Subparagraph (A) of section 36B(b)(3) of such Code is amended— (I) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (II) by striking clause (ii) clauses (ii) and (iii) (III) by inserting after clause (i) the following new clause: (ii) Special rules for taxpayers enrolled in Medicare Transition plan In the case of a taxpayer who is covered, or whose spouse or dependent (as defined in section 152) is covered, by the Medicare Transition plan established under section 1012(a) of the Medicare for All Act In the case of household income The initial The final Up to 100 percent 2 2 100 percent up to 138 percent 2.04 2.04 138 percent up to 150 percent 3.06 4.08 150 percent and above 4.08 5. The preceding sentence shall not apply to any taxable year to which clause (iv) applies. . (ii) Conforming amendment Subclause (I) of clause (iii) of section 36B(b)(3) of such Code, as redesignated by subparagraph (A)(i), is amended by inserting , and determined after the application of clause (ii) after application of this clause (2) Cost-sharing subsidies Subsection (b) of section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(b) (A) by inserting , or in the Medicare Transition plan established under section 1012(a) of the Medicare for All Act coverage (B) by redesignating paragraphs (1) (as so amended) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; (C) by striking insured insured (1) In general In this section ; (D) by striking the flush language; and (E) by adding at the end the following new paragraph: (2) Special rules (A) Individuals lawfully present In the case of an individual described in section 36B(c)(1)(B) (B) Medicare Transition plan enrollees in Medicaid non-expansion States In the case of an individual residing in a State which (as of the date of the enactment of the Medicare for All Act 0 percent 100 percent (C) Adjusted cost-sharing for Medicare Transition plan enrollees In the case of any individual who enrolls in such Medicare Transition plan, in lieu of the percentages under subsection (c)(1)(B)(i) and (c)(2), the Secretary shall prescribe a method of determining the cost-sharing reduction for any such individual such that the total of the cost-sharing and the premiums paid by the individual under such Medicare Transition plan does not exceed the percentage of the total allowed costs of benefits provided under the plan equal to the final premium percentage applicable to such individual under section 36B(b)(3)(A)(ii) . (h) Conforming amendments (1) Treatment as a qualified health plan Section 1301(a)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021(a)(2) (A) in the paragraph heading, by inserting , the Medicare Transition plan, and (B) by inserting the Medicare Transition plan under section 1012 of the Medicare for All Act and a multi-State plan (2) Level playing field Section 1324(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18044(a) the Medicare Transition plan under section 1012 of the Medicare for All Act or a multi-State qualified health plan C Patient Protections During Medicare for All Transition Period 1021. Minimizing disruptions to patient care The Secretary shall ensure that all individuals enrolled in, or who seek to enroll in, a group health plan, health insurance coverage offered by a health insurance issuer, or the plan established under section 1012 during the transition period of this Act are protected from disruptions in their care during the transition period. 1022. Public consultation The Secretary shall consult with communities and advocacy organizations of individuals living with disabilities and other patient advocacy organizations to ensure the transition described in section 1021 takes into account the safety and continuity of care for individuals with disabilities, complex medical needs, or chronic conditions. 1023. Definitions In this subtitle, the terms health insurance coverage health insurance issuer group health plan 42 U.S.C. 300gg–91 XI Miscellaneous 1101. Updating resource limits for Supplemental Security Income eligibility (SSI) Section 1611(a)(3) of the Social Security Act ( 42 U.S.C. 1382(a)(3) (1) in subparagraph (A)— (A) by striking and January 1, 1988, (B) by inserting , and to $6,200 on January 1, 2023 (2) in subparagraph (B)— (A) by striking and January 1, 1988, (B) by inserting , and to $4,100 on January 1, 2023 (3) by adding at the end the following new subparagraph: (C) Beginning with December of 2023, whenever the dollar amounts in effect under paragraphs (1)(A) and (2)(A) of this subsection are increased for a month by a percentage under section 1617(a)(2), each of the dollar amounts in effect under this paragraph shall be increased, effective with such month, by the same percentage (and rounded, if not a multiple of $10, to the closest multiple of $10). Each increase under this subparagraph shall be based on the unrounded amount for the prior 12-month period. . 1102. Definitions In this Act— (1) the term Secretary (2) the term State (3) the term United States
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Medicare for All Act
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Law Enforcement Officers Parity Act This bill expands the definition of law enforcement officer under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS). Specifically, the bill expands the definition to include (1) federal employees whose duties encompass the investigation or apprehension of suspected or convicted criminals and who are authorized to carry a firearm; (2) Internal Revenue Service employees whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns; (3) U.S. Postal Inspection Service employees; (4) Department of Veterans Affairs police officers; and (5) certain U.S. Customs and Border Protection employees who are seized-property specialists with duties relating to custody, management, and disposition of seized and forfeited property. The bill deems service performed by an incumbent law enforcement officer on or after the enactment date of this bill to be service performed as a law enforcement officer for retirement purposes. The past service of such incumbents shall be treated as service performed by a law enforcement officer for retirement purposes only if a written election is submitted to the Office of Personnel Management within five years after the enactment of this bill or before separation from government service, whichever is earlier. An incumbent who makes an election before the enactment of this bill may pay a deposit into the Civil Service Retirement and Disability Fund to cover prior service. A law enforcement officer shall not be subject to mandatory separation during the three-year period beginning on the enactment of this bill.
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118 S1658 IS: Law Enforcement Officers Parity Act U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1658 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Booker Mr. Vance Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to include certain Federal positions within the definition of law enforcement officer for retirement purposes, and for other purposes. 1. Short title This Act may be cited as the Law Enforcement Officers Parity Act 2. Including certain positions within the definition of law enforcement officer for purposes of retirement (a) Federal Employees Retirement System Section 8401(17) of title 5, United States Code, is amended— (1) in subparagraph (C)— (A) by striking subparagraph (A) and (B) subparagraphs (A), (B), (E), (F), (G), (H), and (I) (B) by striking and (2) by adding at the end the following: (E) an employee not otherwise covered by this paragraph— (i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and (ii) who is authorized to carry a firearm; (F) an employee of the Internal Revenue Service, the duties of whose position are primarily the— (i) collection of delinquent taxes; and (ii) securing of delinquent returns; (G) an employee of the United States Postal Inspection Service; (H) an employee of the Department of Veterans Affairs who is a Department police officer under section 902 of title 38; and (I) an employee of U.S. Customs and Border Protection— (i) who is a seized property specialist in the GS–1801 job series; and (ii) the duties of whose position include activities relating to the efficient and effective custody, management, and disposition of seized and forfeited property; . (b) Civil Service Retirement System Section 8331(20) of title 5, United States Code, is amended, in the matter preceding subparagraph (A)— (1) by inserting and an individual described in any of subparagraphs (E) through (I) of section 8401(17) United States (2) by striking this activity such activity or described in any such subparagraph (c) Application The amendments made by this section shall apply to any— (1) individual who is appointed as a law enforcement officer— (A) as defined in section 8331(20) or 8401(17) of title 5, United States Code (as amended by this section); and (B) on or after the date of enactment of this Act; and (2) incumbent (as defined in section 3(a)(4)), consistent with the requirements of section 3. 3. Incumbent law enforcement officers (a) Definitions In this section— (1) the term Director (2) the term employee (3) the term Fund (4) the term incumbent (A) before the date of enactment of this Act, was appointed to a position as an employee that— (i) did not satisfy the requirements of section 8331(20) or 8401(17) of title 5, United States Code, as then in effect; and (ii) would have satisfied the requirements described in clause (i) if the amendments made by section 2 had been in effect; and (B) on the date of enactment of this Act, is serving in a position as an employee that satisfies the requirements of section 8331(20) of title 5, United States Code, by virtue of the amendments made by section 2; (5) the term law enforcement officer (6) the term prior service (7) the term service (A) satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code, as amended by section 2; or (B) would have satisfied the requirements of section 8331(20) or 8401(17) of title 5, United States Code, as amended by section 2, if the amendments made by section 2 had then been in effect. (b) Treatment of service performed by incumbents (1) Service on or after date of enactment Service performed by an incumbent on or after the date of enactment of this Act shall be treated as service performed as a law enforcement officer. (2) Service before date of enactment Service performed by an incumbent before the date of enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 (A) the date that is 5 years after the date of enactment of this Act; or (B) the day before the date on which the incumbent separates from the service. (c) Individual contributions for prior service (1) In general An incumbent who makes an election under subsection (b)(2) may, with respect to prior service performed by the incumbent, pay a deposit into the Fund equal to the sum of— (A) the difference between— (i) the amount that would have been deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code, from the pay of the incumbent if the amendments made by section 2 had been in effect during the prior service; and (ii) the amount that was deducted during the period of prior service under section 8334 or 8422 of title 5, United States Code; and (B) interest on the amount described in subparagraph (A)(i), as computed under— (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (ii) regulations promulgated by the Director. (2) Effect of not contributing If an incumbent does not pay the full amount of the deposit described in paragraph (1)— (A) all prior service of the incumbent shall remain fully creditable as a law enforcement officer; and (B) the resulting annuity shall be reduced— (i) in a manner similar to that described in section 8334(d)(2) of title 5, United States Code; and (ii) to the extent necessary to make up the amount unpaid. (d) Government contributions for prior service (1) In general If an incumbent makes an election under subsection (b)(2), an agency that employed the incumbent during any prior service of the incumbent shall remit to the Director, for deposit in the Fund, an amount equal to the sum of— (A) the difference between— (i) the total amount of Government contributions that would have been paid under section 8334 or 8423 of title 5, United States Code, if the amendments made by section 2 had been in effect during the prior service; and (ii) the total amount of Government contributions paid under section 8334 or 8423 of title 5, United States Code; and (B) interest on the amount described in subparagraph (A)(i), as computed in accordance with— (i) paragraphs (2) and (3) of section 8334(e) of title 5, United States Code; and (ii) regulations promulgated by the Director. (2) Contributions to be made ratably Government contributions under this subsection on behalf of an incumbent shall be made by the agency ratably (not less frequently than annually) over the 10-year period beginning on the date described in subsection (a)(6). (e) Exemption from mandatory separation Notwithstanding section 8335(b) or 8425(b) of title 5, United States Code, a law enforcement officer shall not be subject to mandatory separation during the 3-year period beginning on the date of enactment of this Act. (f) Regulations The Director shall prescribe regulations to carry out this Act, including regulations for the application of this section in the case of any individual entitled to a survivor annuity (based on the service of an incumbent who dies before making an election under subsection (b)(2)), to the extent of any rights that would have been available to the decedent if still living. (g) Rule of construction Nothing in this section shall be considered to apply in the case of a reemployed annuitant.
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Law Enforcement Officers Parity Act
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Sustain Regional Air Travel Act This bill directs the Government Accountability Office (GAO) to study the extent and effects of the commercial aviation pilot shortage on regional and commuter air carriers. The GAO must report the findings to Congress, including any recommendations for legislative and administrative actions that the GAO determines appropriate.
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118 S1659 IS: Sustain Regional Air Travel Act U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1659 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mrs. Fischer Mr. Hickenlooper Committee on Commerce, Science, and Transportation A BILL To require the Comptroller General of the United States to study and report on the extent and effects of the commercial aviation pilot shortage on regional/commuter carriers. 1. Short title This Act may be cited as the Sustain Regional Air Travel Act 2. GAO study and report on the extent and effects of the commercial aviation pilot shortage on regional/commuter carriers (a) Study The Comptroller General of the United States (in this section referred to as the Comptroller General (b) Report Not later than 12 months after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate Committee on Transportation and Infrastructure of the House of Representatives
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Sustain Regional Air Travel Act
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Strength in Diversity Act of 2023 This bill establishes a program through which the Department of Education may award planning and implementation grants to specified educational agencies (e.g., local educational agencies) to improve diversity and reduce or eliminate racial or socioeconomic isolation in publicly funded early childhood education programs, public elementary schools, or public secondary schools.
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118 S1661 IS: Strength in Diversity Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1661 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Murphy Ms. Baldwin Mr. Blumenthal Mr. Brown Mr. Cardin Ms. Duckworth Mr. Padilla Mr. Sanders Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To establish the Strength in Diversity Program, and for other purposes. 1. Short title This Act may be cited as the Strength in Diversity Act of 2023 2. Purpose The purpose of this Act is to support the development, implementation, and evaluation of comprehensive strategies to address the effects of racial isolation or concentrated poverty by increasing diversity, including racial diversity and socioeconomic diversity, in covered schools. 3. Reservation for national and State activities (a) National activities The Secretary may reserve not more than 5 percent of the amounts made available under section 9 for a fiscal year to carry out activities of national significance relating to this Act, which may include— (1) research, development, data collection, monitoring, technical assistance, evaluation, or dissemination activities; and (2) the development and maintenance of best practices for recipients of grants under section 4 and other experts in the field of school diversity. (b) State activities The Secretary may reserve not more than 10 percent of the amounts made available under section 9 for a fiscal year for planning grants and implementation grants made to State educational agencies under section 4. 4. Grant program authorized (a) Authorization (1) In general From the amounts made available under section 9 and not reserved under section 3 for a fiscal year, the Secretary shall award grants in accordance with subsection (b) to eligible entities to develop or implement plans to improve diversity and reduce or eliminate racial or socioeconomic isolation in covered schools. (2) Types of grants The Secretary may, in any fiscal year, award— (A) planning grants to carry out the activities described in section 6(a); (B) implementation grants to carry out the activities described in section 6(b); or (C) both such planning grants and implementation grants. (b) Award basis (1) Criteria for evaluating applications The Secretary shall award grants under this section on a competitive basis, based on— (A) the quality of the application submitted by an eligible entity under section 5; (B) the likelihood, as determined by the Secretary, that the eligible entity will use the grant to improve student outcomes or outcomes on other performance measures described in section 7; and (C) the likelihood that the grant will lead to a meaningful reduction in racial and economic isolation for children in covered schools. (2) Priority In awarding grants under this section, the Secretary shall give priority to the following eligible entities: (A) First, to an eligible entity that submitted an application for a grant under the Opening Doors, Expanding Opportunities program described in the notice published by the Department of Education in the Federal Register on December 14, 2016 (81 Fed. Reg. 90343 et seq.). (B) Second, to an eligible entity that proposes, in an application submitted under section 5, to use the grant to support a program that addresses racial isolation. (C) Third, to an eligible entity that proposes, in an application submitted under section 5, to use the grant to support a program that extends beyond one local educational agency, such as an inter-district or regional program. (D) Fourth, to an eligible entity that demonstrates meaningful coordination with local housing agencies to increase access to schools that have a disproportionately low number of low-income students. (c) Duration of grants (1) Planning grant A planning grant awarded under this section shall be for a period of not more than 1 year. (2) Implementation grant An implementation grant awarded under this section shall be for a period of not more than 3 years, except that the Secretary may extend an implementation grant for an additional 2-year period if the eligible entity receiving the grant demonstrates to the Secretary that the eligible entity is making significant progress, as determined by the Secretary, on the program performance measures described in section 7. 5. Applications In order to receive a grant under section 4, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include— (1) a description of the program for which the eligible entity is seeking a grant, including— (A) how the eligible entity proposes to use the grant to improve the academic and life outcomes of students in racial or socioeconomic isolation in covered schools by supporting interventions that increase diversity for students in such covered schools; (B) in the case of an implementation grant, the implementation grant plan described in section 6(b)(1); and (C) evidence, or if such evidence is not available, a rationale based on current research, regarding how the program will increase diversity; (2) in the case of an eligible entity proposing to use any of the grant to benefit covered schools that are racially isolated, a description of how the eligible entity will identify and define racial isolation; (3) in the case of an eligible entity proposing to use any portion of the grant to benefit high-poverty covered schools, a description of how the eligible entity will identify and define income level and socioeconomic status; (4) a description of the plan of the eligible entity for continuing the program after the grant period ends; (5) a description of how the eligible entity will assess, monitor, and evaluate the impact of the activities funded under the grant on student achievement and student enrollment diversity, and teacher diversity; (6) an assurance that the eligible entity has conducted, or will conduct, robust parent and community engagement, while planning for and implementing the program, such as through— (A) consultation with appropriate officials from Indian Tribes or Tribal organizations approved by the Tribes located in the area served by the eligible entity; (B) consultation with other community entities, including local housing or transportation authorities; (C) public hearings or other open forums to inform the development of any formal strategy to increase diversity; and (D) outreach to parents and students, in a language that parents and students can understand, and consultation with students and families in the targeted district or region that is designed to ensure participation in the planning and development of any formal strategy to increase diversity; (7) an estimate of the number of students that the eligible entity plans to serve under the program and the number of students to be served through additional expansion of the program after the grant period ends; (8) an assurance that the eligible entity will— (A) cooperate with the Secretary in evaluating the program, including any evaluation that might require data and information from multiple recipients of grants under section 4; and (B) engage in the best practices developed under section 3(a)(2); (9) an assurance that, to the extent possible, the eligible entity has considered the potential implications of the grant activities on the demographics and student enrollment of nearby covered schools not included in the activities of the grant; (10) in the case of an eligible entity applying for an implementation grant, a description of how the eligible entity will— (A) implement, replicate, or expand a strategy based on a strong or moderate level of evidence (as described in subclause (I) or (II) of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(21)(A)(i) (B) test a promising strategy to increase diversity in covered schools; (11) in the case of an application by a consortium of local educational agencies, a specification of which agency is the lead applicant, and how the grant funds will be divided among the school districts served by such consortium; and (12) in the case of an application by a State educational agency, a demonstration that the agency has procedures in place— (A) to assess and prevent the redrawing of school district lines in a manner that increases racial or socioeconomic isolation; (B) to assess the segregation impacts of new school construction proposals and to prioritize school construction funding that will foreseeably increase racial and economic integration; and (C) to include progress toward reduction of racial and economic isolation as a factor in its State plan under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 6. Uses of funds (a) Planning grants Each eligible entity that receives a planning grant under section 4 shall use the grant to support students in covered schools through the following activities: (1) Completing a comprehensive assessment of, with respect to the geographic area served by such eligible entity— (A) the educational outcomes and racial and socioeconomic stratification of children attending covered schools; (B) an analysis of the location and capacity of program and school facilities and the adequacy of local or regional transportation infrastructure; and (C) teacher diversity in covered schools, and plans for expanding teacher diversity. (2) Developing and implementing a robust family, student, and community engagement plan, including, where feasible, public hearings or other open forums that would precede and inform the development of a formal strategy to improve diversity in covered schools. (3) Developing options, including timelines and cost estimates, for improving diversity in covered schools, such as weighted lotteries, revised feeder patterns, school boundary redesign, or regional coordination. (4) Developing an implementation plan based on community preferences among the options developed under paragraph (3). (5) Building the capacity to collect and analyze data that provide information for transparency, continuous improvement, and evaluation. (6) Developing an implementation plan to comply with a court-ordered school desegregation plan. (7) Engaging in best practices developed under section 3(a)(2). (8) If applicable, developing an implementation plan to replace entrance exams or other competitive application procedures with methods of student assignment to promote racial and socioeconomic diversity. (b) Implementation grants (1) Implementation grant plan Each eligible entity that receives an implementation grant under section 4 shall implement a high-quality plan to support students in covered schools that includes— (A) a comprehensive set of strategies designed to improve academic outcomes for all students, particularly students of color and low-income students, by increasing diversity in covered schools; (B) evidence of strong family and community support for such strategies, including evidence that the eligible entity has engaged in meaningful family and community outreach activities; (C) goals to increase diversity, including teacher diversity, in covered schools over the course of the grant period; (D) collection and analysis of data to provide transparency and support continuous improvement throughout the grant period; and (E) a rigorous method of evaluation of the effectiveness of the program. (2) Implementation grant activities Each eligible entity that receives an implementation grant under section 4 may use the grant to carry out one or more of the following activities: (A) Recruiting, hiring, or training additional teachers, administrators, school counselors, and other instructional and support staff in new, expanded, or restructured covered schools, or other professional development activities for staff and administrators. (B) Investing in specialized academic programs or facilities designed to encourage inter-district school attendance patterns. (C) Developing or initiating a transportation plan for bringing students to and from covered schools, if such transportation is sustainable beyond the grant period and does not represent a significant portion of the grant received by an eligible entity under section 4. (D) Developing innovative and equitable school assignment plans. (E) Carrying out innovative activities designed to increase racial and socioeconomic school diversity and engagement between children from different racial, economic, and cultural backgrounds. (F) Creating or improving systems and partnerships to create a one-stop enrollment process for students with multiple public school options, including making school information and data more accessible and easy to understand, in order to ensure access to low-poverty or high-performing schools for low-income children and to promote racial and socioeconomic diversity. (G) Increasing teacher diversity in covered schools. 7. Performance measures The Secretary shall establish performance measures for the programs and activities carried out through a grant under section 4. These measures, at a minimum, shall track the progress of each eligible entity in— (1) improving academic and other developmental or noncognitive outcomes for each subgroup described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) (A) increasing school readiness; (B) increasing student achievement and decreasing achievement gaps; (C) increasing high school graduation rates; (D) increasing readiness for postsecondary education and careers; (E) improving access to mental health and social-emotional learning; (F) reducing school discipline rates; and (G) any other indicator the Secretary or eligible entity may identify; and (2) increasing diversity and decreasing racial or socioeconomic isolation in covered schools. 8. Annual reports An eligible entity that receives a grant under section 4 shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes— (1) a description of the efforts of the eligible entity to increase inclusivity; (2) information on the progress of the eligible entity with respect to the performance measures described in section 7; (3) the data supporting such progress; (4) a description of how the eligible entity will continue to make improvements toward increasing diversity and decreasing racial or socioeconomic isolation in covered schools and sustaining inclusion; and (5) information on the progress of regional programs on reducing racial and socioeconomic isolation in covered schools, if applicable. 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2024 and each of the 5 succeeding fiscal years. 10. Definitions In this Act: (1) Covered school The term covered school (A) a publicly-funded early childhood education program; (B) a public elementary school; or (C) a public secondary school. (2) Eligible entity The term eligible entity (3) ESEA terms The terms educational service agency elementary school local educational agency secondary school Secretary State educational agency 20 U.S.C. 7801 (4) Publicly-funded early childhood education program The term publicly-funded early childhood education program 20 U.S.C. 1003(8) 11. Prohibition against Federal control of education No provision of this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system.
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Strength in Diversity Act of 2023
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Pilot Butte Power Plant Conveyance Act This bill directs the Bureau of Reclamation to negotiate with the Midvale Irrigation District in Wyoming to enter into an agreement to convey the Pilot Butte Power Plant and its facilities from Reclamation to the irrigation district.
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91 S1662 IS: Pilot Butte Power Plant Conveyance Act U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1662 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Barrasso Ms. Lummis Committee on Energy and Natural Resources A BILL To direct the Secretary of the Interior to convey to the Midvale Irrigation District the Pilot Butte Power Plant in the State of Wyoming, and for other purposes. 1. Short title This Act may be cited as the Pilot Butte Power Plant Conveyance Act 2. Definitions In this Act: (1) Agreement The term Agreement (2) District The term District (3) Power plant The term Power Plant Public Law 91–409 (4) Secretary The term Secretary 3. Agreement, conveyance, and report (a) Agreement Not later than 2 years after the date of enactment of this Act, the Secretary shall enter into good faith negotiations with the District to enter into an agreement to determine the legal, institutional, and financial terms for the conveyance of the Power Plant from the Secretary to the District. (b) Conveyance (1) In general In consideration for the District assuming from the United States all liability for the administration, operation, maintenance, and replacement of the Power Plant, the Secretary shall offer to convey and assign to the District all right, title, and interest of the United States in and to the Power Plant— (A) subject to valid leases, permits, rights-of-way, easements, and other existing rights; and (B) in accordance with— (i) the terms and conditions described in the Agreement; and (ii) this Act. (2) Status of land Effective on the date of the conveyance of the Power Plant to the District under paragraph (1), the Power Plant shall not be considered to be a part of a Federal reclamation project. (c) Report If the conveyance authorized under subsection (b)(1) is not completed by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the status of the conveyance under that subsection; (2) any obstacles to completing the conveyance under that subsection; and (3) an anticipated date for the completion of the conveyance under that subsection. 4. Liability (a) Damages Except as otherwise provided by law and for damages caused by acts of negligence committed by the United States or by employees or agents of the United States, effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the Power Plant. (b) Torts Claims Nothing in this section increases the liability of the United States beyond that provided in chapter 171 Federal Tort Claims Act 5. Compliance with other laws (a) Compliance with Environmental and Historic Preservation Laws Before making the conveyance authorized under section 3(b)(1), the Secretary shall complete all actions required under— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (3) subtitle III of title 54, United States Code; and (4) any other applicable laws. (b) Compliance by the District Effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) with respect to the operation of the Power Plant. 6. Payment of costs (a) Administrative Costs Administrative costs for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District. (b) Real Estate Transfer Costs The costs of all boundary surveys, title searches, cadastral surveys, appraisals, and other real estate transactions required for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District. (c) Costs of Compliance with Other Laws The costs associated with any review required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. 16 U.S.C. 1531 et seq.
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Pilot Butte Power Plant Conveyance Act
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Strengthening Federal Reserve System Accountability Act of 2023 This bill revises director qualifications and elections for the boards of federal reserve banks and makes other changes to transparency and ethics requirements. (There are 12 federal reserve banks each overseen by a 9-member board of directors. Each board is comprised of 3 directors from 3 statutorily defined classes: A, B, and C.) The bill limits the eligibility for Class A directors to those who represent banks with less than $50 billion in assets. Further, Class B directors must be selected by Board of Governors of the Federal Reserve System, rather than by the banks as under current law. Individuals who served as bank executives, directors, or employees in the preceding five years are prohibited from serving as Class B directors. No director is allowed to serve more than 2 full terms. The bill requires the board to publish specified details regarding director selection and candidacy. The bill also prohibits bank directors from participating in certain bank supervision activities, including the selection of supervisory bank officers. Finally, the bill requires directors, presidents, and vice presidents to comply with specified ethics rules regarding investment and trading activity.
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118 S1663 IS: Strengthening Federal Reserve System Accountability Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1663 IN THE SENATE OF THE UNITED STATES May 17, 2023 Ms. Warren Mr. Scott of Florida Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Reserve Act to limit banker representation on boards of directors of Federal Reserve banks, and for other purposes. 1. Short title This Act may be cited as the Strengthening Federal Reserve System Accountability Act of 2023 2. Banker representation on Federal Reserve bank boards (a) Class A directors (1) Eligibility The tenth undesignated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 302 (A) by inserting with $50,000,000,000 or less in assets (B) by inserting The Reserve bank, in consultation with the Board of Governors of the Federal Reserve System, may remove a Class A director if, after the director is elected, the assets of the bank of the director grow rapidly greater than $50,000,000,000. No individual may serve as a Class A director if the individual represents a bank that has a CAMELS rating of 3 or higher or outstanding Matters Requiring Attention or Matters Requiring Immediate Attention above the average number for banks of similar size and complexity. (2) Nomination and election The 16th undesignated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 304 (A) in the third sentence, by inserting with $50,000,000,000 or less in assets member bank (B) by striking the first and second sentences. (b) Election of Class B directors (1) In general The 11th undesignated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 302 three members, 6 members who shall be designated by the Board of Governors of the Federal Reserve System. They shall be elected to represent the public, without discrimination on the basis of race, creed, color, sex, or national origin, and with due but not exclusive consideration to the interests of agriculture, commerce, industry, services, labor, and consumers. When the necessary subscriptions to the capital stock have been obtained for the organization of any Federal reserve bank, the Board of Governors of the Federal Reserve System shall appoint the class B directors and shall designate one of such directors as chairman of the board to be selected. Pending the designation of such chairman, the organization committee shall exercise the powers and duties appertaining to the office of chairman in the organization of such Federal reserve bank. (2) Technical and conforming amendments (A) The 16th undesignated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 304 (i) in the first sentence, as redesignated by subsection (a)(2)(B) of this section, by striking and one candidate for director of Class B (ii) in the third sentence, as redesignated by subsection (a)(2)(B) of this section, by striking and Class B (B) Section 4 of the Federal Reserve Act is amended— (i) in the fifth paragraph of the fourth undesignated paragraph, by striking and Class C (ii) by striking the 12th undesignated paragraph; (iii) by striking the 15th undesignated paragraph ( 12 U.S.C. 303 (iv) by striking the 17th undesignated paragraph ( 12 U.S.C. 304 (v) by striking the 20th undesignated paragraph. (c) Financial institutions regulated by the Board of Governors Section 4 of the Federal Reserve Act is amended— (1) in the 14th undesignated paragraph ( 12 U.S.C. 303 No director of class B shall be an officer, director, or employee of any bank. No individual who served as an officer, director, or employee of any bank or other financial institution regulated by the Board of Governors of the Federal Reserve System during the preceding 5-year period shall serve as a director of class B. (2) by striking the 15th undesignated paragraph ( 12 U.S.C. 303 3. Reserve Bank director responsibilities (a) In general The eighth undesignated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 301 The board of directors may not be involved in bank examinations or supervisory processes, including the selection, appointment, and compensation of all Federal reserve bank officers whose primary duties involve supervisory matters, budgetary matters, and any other decisions or deliberations that pertain to supervisory activities. (b) Term limits The 24th undesignated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 308 No director of a Federal reserve bank may serve more than 2 full terms. 4. Federal Reserve transparency and independence (a) Director elections (1) Class A The 19th undesignated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 304 , which shall be published on the website of each Federal reserve bank not later than 3 years after such declaration (2) Class B The 11th undesignated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 302 The list of the final 3 candidates considered for such designation shall be published on the website of the Board of Governors of the Federal Reserve System not earlier than 3 years after the date of its completion. (b) Director and president selection input Section 4 of the Federal Reserve Act is amended by inserting after the 20th undesignated paragraph ( 12 U.S.C. 305 The Federal reserve banks and the Board of Governors of the Federal Reserve System shall develop processes for allowing public comment and input for nominating Class A directors and designating Class B directors, and appointing presidents. Each Federal reserve bank shall publish a public contact for such nominations, designations, and appointments. The Board of Governors of the Federal Reserve System shall disclose any vote or veto by a member of the Board for a Class B director or a president not later than 3 years after such vote or veto. The Board of Governors of the Federal Reserve System shall release a public statement after the date on which a president is selected describing the involvement of the Board in the selection process. . (c) Office staff for members of the Board of Governors of the Federal Reserve System Section 11(l) of the Federal Reserve Act ( 12 U.S.C. 248(l) Of amounts made available for staff of the Federal Reserve System, each member of the Board of Governors may employ not more than 4 individuals for the purpose of staffing the member’s office, with such individuals selected by such member and the salaries of such individuals set by such member. (d) Vote by Board of Governors on certain settlements Section 10 of the Federal Reserve Act is amended— (1) by redesignating paragraph (12) ( 12 U.S.C. 247b (2) by adding at the end the following: (12) (A) The Board of Governors of the Federal Reserve System shall vote, at a properly noticed public meeting of the Board, on whether to resolve any enforcement action if the resolution of that action involves the payment of not less than $5,000,000 in compensation, penalties, or fines, or other payments. (B) The results of the vote of each member of the Board under subparagraph (A) shall— (i) be included at the appropriate place in the official minutes of the Board; and (ii) be made publicly available on the website of the Board. . (e) Term limits; review The fifth paragraph of the fourth unenumerated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 341 5. Federal Reserve ethics Section 4 of the Federal Reserve Act, as amended by section 4(b) of this Act, is amended by adding at the end the following: Each director, president, and vice president shall comply with the same rules for investment and trading activity prescribed by the Board of Governors of the Federal Reserve System. Each director shall disclose any financial interest in the same manner as presidents. Each Federal reserve bank shall publicly disclose and explain any rationale for waivers granted to directors from conflict of interest rules. The Comptroller General of the United States shall annually review conflict of interest rules of the Federal reserve banks and the Board of Governors of the Federal Reserve System and implementation of and compliance with such rules. .
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Strengthening Federal Reserve System Accountability Act of 2023
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Higher Education Mental Health Act of 2023 This bill requires the Department of Education to establish an Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education. The commission must conduct a study and report on services available to students with mental health disabilities in institutions of higher education (IHEs) and the effectiveness of such services in supporting these students; the impact of policies and procedures, such as reasonable accommodation and disciplinary policies, that help or hinder the goal of providing equal opportunity to these students; the use of protected health information of these students by IHEs; the impact of providing mental health services on a student's academic performance, well-being, and ability to complete postsecondary education; conclusions on the major challenges facing these students; and recommendations to improve the overall education, retention, and graduation of these students.
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118 S1665 IS: Higher Education Mental Health Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1665 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Casey Mr. Kaine Ms. Smith Mr. Blumenthal Ms. Klobuchar Mr. Padilla Mr. Wyden Mr. Van Hollen Mr. Murphy Ms. Baldwin Mr. Merkley Mr. Fetterman Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Education to establish an Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education, and for other purposes. 1. Short title This Act may be cited as the Higher Education Mental Health Act of 2023 2. Findings and purposes (a) Findings Congress finds the following: (1) More than 75 percent of mental health conditions begin before the age of 24. (2) More than 25 percent of students between the ages of 18 and 24 reported a mental health concern. (3) More than 50 percent of students between the ages of 18 and 24 reported having a severe psychological problem. (4) More than 50 percent of students between the ages of 18 and 24 reported feelings of hopelessness. (5) Higher education counseling centers are devoting more time to rapid-response treatment with more than 25 percent of students who sought help reporting they had intentionally hurt themselves. (6) Over a 5-year period, counseling center utilization increased by an average of 30 to 40 percent, while enrollment increased by only 5 percent, forcing institutions to stretch mental health services to more students without increasing resources. (b) Purposes The purposes of this Act are the following: (1) To ensure States and institutions of higher education are provided with accurate information on the mental health concerns facing students. (2) To provide detailed recommendations that institutions of higher education, States, and the Federal Government can take to improve the mental health services available to students and properly treat the rising number of students with mental health issues. 3. Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education (a) In general The Secretary of Education shall establish a commission to be known as the Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education (referred to in this section as the Commission (b) Membership (1) Total number of members The Commission shall include not more than 20 members, who shall be appointed by the Secretary of Education in accordance with paragraphs (2) and (3). (2) Members of the commission The Commission shall include 1 representative from each of the following: (A) The Office of Postsecondary Education of the Department of Education. (B) The Office of Special Education and Rehabilitative Services of the Department of Education. (C) The Office for Civil Rights of the Department of Education. (D) The Office for Civil Rights of the Department of Justice. (E) The National Council on Disability. (F) A membership association for administrative and personnel professionals focused on creating an inclusive higher education environment for individuals with disabilities, as determined by the Secretary of Education. (G) An organization that represents the Protection and Advocacy for Individuals with Mental Illness program. (H) An organization operated by and representing secondary and postsecondary education students with mental health disabilities advocating for mental health services and suicide prevention. (I) An organization representing counseling directors at institutions of higher education. (3) Additional members of the commission In addition to the members included under paragraph (2), the Commission shall include the following: (A) Four members from leadership of institutions of higher education who have demonstrated experience in successfully supporting the retention and graduation of students with mental health disabilities, including from counseling and psychiatric services staff. With respect to such 4 members, 1 member shall be a staff member of a 2-year degree-granting institution of higher education, 1 member shall be a staff member from a 4-year degree-granting institution of higher education, 1 member shall be a member of campus law enforcement, and 1 member shall serve as a general counsel. Such 4 members shall represent institutions of differing sizes. (B) Three members from family members of individuals who are— (i) enrolled in an institution of higher education on the date such family member is appointed to the Commission; or (ii) former students with a mental health disability. (C) Four members from individuals with mental health disabilities, including not less than 2 individuals enrolled in an institution of higher education on the date of appointment to the Commission. Any remaining member shall be an individual with a mental health disability who has attended an institution of higher education. (4) Timing The Secretary of Education shall establish the Commission and appoint the members of the Commission not later than 60 days after the date of enactment of this Act. (c) Chairperson and vice chairperson The Commission shall select a chairperson and vice chairperson from among the members of the Commission. Either the chairperson or the vice chairperson shall be a student or former student with a mental health disability. (d) Meetings (1) In general The Commission shall meet at the call of the chairperson, but not less often than 8 times. (2) First meeting Not later than 60 days after the appointment of the members of the Commission under subsection (b), the Commission shall hold the Commission’s first meeting. (e) Duties The Commission shall conduct a study, using the highest quality and most representative data and research available, and prepare a report for the Secretary of Education that includes the following: (1) Findings from stakeholders, including through solicitation of public testimony, related to the challenges faced by students with mental health disabilities in institutions of higher education, including— (A) the services available to students with mental health disabilities in institutions of higher education and their effectiveness in supporting these students; (B) the impact of policies and procedures that help or hinder the goal of providing equal opportunity for students with mental health disabilities, such as reasonable accommodation policies, mandatory and voluntary leave policies, and disciplinary policies; (C) the use of protected health information of students with mental health disabilities by institutions of higher education, including the extent to which campus-based mental health providers share this information with institution officials without student consent; and (D) the impact of providing mental health services on a student’s academic performance, well-being, and ability to complete postsecondary education. (2) Conclusions on the major challenges facing students with mental health disabilities in institutions of higher education. (3) Recommendations to improve the overall education, and retention and graduation, of students with mental health disabilities in institutions of higher education, with the goal of helping these students access educational opportunities equal to those of their non-disabled peers. (f) Commission personnel matters (1) Travel expenses The members of the Commission shall not receive compensation for the performance of services for the Commission, but shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (2) Staff The Secretary of Education may designate such personnel as may be necessary to enable the Commission to perform its duties. (3) Detail of government employees Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption of loss of civil service status or privilege. (4) Facilities, equipment, and services The Secretary of Education shall make available to the Commission, under such arrangements as may be appropriate, necessary equipment, supplies, and services. (g) Reports (1) Interim and final reports The Commission shall prepare and submit to the Secretary of Education, as well as the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives— (A) an interim report that summarizes the progress of the Commission, along with any interim findings, conclusions, and recommendations as described in subsection (e); and (B) a final report that states final findings, conclusions, and recommendations as described in such subsection. (2) Preparation and submission The reports described in paragraph (1) shall be prepared and submitted— (A) in the case of the interim report, not later than 1 year after the date on which all the members of the Commission are appointed; and (B) in the case of the final report, not later than 2 years after the date on which all the members of the Commission are appointed. (h) Termination The Commission shall terminate on the day after the date on which the Commission submits the final report under subsection (g).
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Higher Education Mental Health Act of 2023
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Foreign Animal Disease Prevention, Surveillance, and Rapid Response Act of 2023 This bill provides additional funding for Animal and Plant Health Inspection Service (APHIS) animal disease prevention and management programs and reauthorizes the programs through FY2028. Specifically, the bill reauthorizes and provides additional funding for the National Animal Health Laboratory Network (a nationally coordinated network and partnership of federal, state, and university-associated animal health laboratories that provides animal health diagnostic testing to detect biological threats to the nation's food animals); the National Animal Disease Preparedness and Response Program (which allows APHIS to partner with states, tribes, producer organizations, universities, and others to carry out projects that enhance local, regional, and national capabilities to prevent, prepare for, and respond to animal disease outbreaks); and the National Animal Vaccine and Veterinary Countermeasures Bank (which allows the Department of Agriculture to stockpile animal vaccines and related products to use in the event of an outbreak of foot-and-mouth disease or other high-impact foreign animal diseases).
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118 S1666 IS: Foreign Animal Disease Prevention, Surveillance, and Rapid Response Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1666 IN THE SENATE OF THE UNITED STATES May 17, 2023 Ms. Klobuchar Mr. Cornyn Ms. Ernst Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Animal Health Protection Act to reauthorize animal disease prevention and management programs. 1. Short title This Act may be cited as the Foreign Animal Disease Prevention, Surveillance, and Rapid Response Act of 2023 2. Reauthorization of animal disease prevention and management programs Section 10409A of the Animal Health Protection Act ( 7 U.S.C. 8308a (1) in subsection (d)— (A) in paragraph (1)— (i) by striking subparagraph (A) and inserting the following: (A) Fiscal years 2024 through 2028 Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $233,000,000 for the period of fiscal years 2024 through 2028, of which— (i) not less than $10,000,000 shall be made available in each fiscal year to carry out subsection (a); (ii) not less than $70,000,000 shall be made available in each fiscal year to carry out subsection (b); and (iii) not less than $153,000,000 shall be made available in each fiscal year to carry out subsection (c). ; and (ii) in subparagraph (B), by striking 2023 2029 (B) in paragraph (2)— (i) in subparagraph (A), by striking $30,000,000 for each of fiscal years 2019 through 2023 $45,000,000 for each of fiscal years 2024 through 2028 (ii) in subparagraph (B), by striking 2019 through 2023 2024 through 2028 (2) in subsection (e)(1), by striking 2019 through 2023 2024 through 2028
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Foreign Animal Disease Prevention, Surveillance, and Rapid Response Act of 2023
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Securing the U.S. Organ Procurement and Transplantation Network Act This bill modifies how the Health Resources and Services Administration (HRSA) funds and manages the Organ Procurement and Transplantation Network. This network is a public-private partnership that links the professionals involved in the U.S. donation and transplantation system. Historically, only one organization has received a contract for managing the network. The bill expressly authorizes HRSA to award multiple grants, contracts, or cooperative agreements to support the operation of the network and eliminates a cap on the amount of funding available for supporting the network. The bill also specifies that the network shall be operated through awards that are distinct from awards for supporting the operation of the network's board of directors. Additionally, the Government Accountability Office must review the historical financing of the network, including the use of registration fees.
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118 S1668 IS: Securing the U.S. Organ Procurement and Transplantation Network Act U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1668 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Wyden Mr. Grassley Mr. Cardin Mr. Young Mr. Cassidy Ms. Warren Mr. Moran Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To improve the Organ Procurement and Transplantation Network, and for other purposes. 1. Short title This Act may be cited as the Securing the U.S. Organ Procurement and Transplantation Network Act 2. Organ procurement and transplantation network Section 372 of the Public Health Service Act ( 42 U.S.C. 274 (1) in subsection (a)— (A) by striking The Secretary shall by contract In general— (B) by striking establishment and continued (C) by striking the second and third sentences and inserting The Secretary may award grants, contracts, or cooperative agreements, as the Secretary determines appropriate, for purposes of carrying out this section. (2) in subsection (b), by striking (b)(1) The Organ Procurement (b) Composition (1) In general The Organ Procurement and Transplantation Network shall— (A) be operated through awards to public or private entities made by the Secretary that are distinct from the awards made to support the organization tasked with supporting the board of directors described in subparagraph (B); and . 3. Technical amendments Title III of the Public Health Service Act is amended— (1) in section 371(b)(1)(H)(i)(III) ( 42 U.S.C. 273(b)(1)(H)(i)(III) histocompatability histocompatibility (2) in section 374(c)(2) ( 42 U.S.C. 274b(c)(2) section 371 or 373 section 371, 372, or 373 (3) in section 375 ( 42 U.S.C. 274c (A) by striking the comma at the end of each of paragraphs (1) and (2) and inserting a semicolon; (B) in paragraph (3), by striking transplants, and transplants; and (C) in paragraph (4), by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (4) in section 376 ( 42 U.S.C. 274d (A) by striking February 10 of 1991 and of each second year thereafter 2 years after the date of enactment of the Securing the U.S. Organ Procurement and Transplantation Network Act (B) by striking Committee on Labor and Human Resources of the Senate. Committee on Health, Education, Labor, and Pensions of the Senate, 4. GAO review Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) to the extent data are available, conduct a review of the historical financing of the Organ Procurement and Transplantation Network described in section 372 of the Public Health Service Act ( 42 U.S.C. 274 (2) submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the review under paragraph (1), including related recommendations, as applicable.
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Securing the U.S. Organ Procurement and Transplantation Network Act
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AM Radio for Every Vehicle Act of 2023 This bill requires the Department of Transportation (DOT) to issue a rule that requires all new motor vehicles to have devices that can access AM broadcast stations installed as standard equipment. (AM broadcast stations are often used to deliver emergency alerts and news and entertainment programming; some newer vehicles do not include AM equipment.) Specifically, this bill applies to motor vehicles manufactured in the United States, imported into the United States, or shipped in interstate commerce after the rule's effective date. The DOT rule must require all such vehicles to have devices that can receive signals and play content transmitted by AM broadcast stations or digital audio AM broadcast stations installed as standard equipment. Prior to the effective date of the rule, manufacturers that do not include devices that can access AM broadcast stations as standard equipment must inform purchasers of this fact through clear and conspicuous labeling. DOT may assess civil penalties against any manufacturer that fails to comply with the mandate. The Department of Justice may also bring a civil action to enjoin a violation. Further, the Government Accountability Office must study and report on whether a reliable alternative communication system exists for delivering emergency alerts and consider the (1) cost to drivers and passengers of receiving communications through an alternative system, and (2) cost and time required to develop and implement an alternative.
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118 S1669 IS: AM Radio for Every Vehicle Act of 2023 U.S. Senate 2023-05-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1669 IN THE SENATE OF THE UNITED STATES May 17, 2023 Mr. Markey Mr. Cruz Ms. Baldwin Mrs. Fischer Mr. Luján Mr. Vance Mr. Menendez Mr. Wicker Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to issue a rule requiring access to AM broadcast stations in motor vehicles, and for other purposes. 1. Short title This Act may be cited as the AM Radio for Every Vehicle Act of 2023 2. AM broadcast stations rulemaking (a) Definitions In this section: (1) Administrator The term Administrator (2) AM broadcast band The term AM broadcast band (3) AM broadcast station The term AM broadcast station (A) intended to be received by the public; and (B) operated on a channel in the AM broadcast band. (4) Authorized alert originator The term authorized alert originator (5) Comptroller General The term Comptroller General (6) Device The term device (A) to receive signals transmitted by a radio broadcast station (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 (B) to play back content or programming derived from those signals. (7) Digital audio AM broadcast station (A) In general The term digital audio AM broadcast station (i) is licensed by the Federal Communications Commission; and (ii) uses an In-band On-channel system (as defined in section 73.402 of title 47, Code of Federal Regulations (or a successor regulation)) for broadcasting purposes. (B) Exclusion The term digital audio AM broadcast station (8) Integrated public alert and warning system The term Integrated Public Alert and Warning System 6 U.S.C. 321o (9) Manufacturer The term manufacturer (10) Motor vehicle The term motor vehicle (11) Receive The term receive (12) Secretary The term Secretary (13) Signal The term signal 47 U.S.C. 301 (14) Standard equipment The term standard equipment (A) is installed as a system, part, or component of a motor vehicle as originally manufactured; and (B) the manufacturer of the motor vehicle recommends or authorizes to be included in the motor vehicle for no additional or separate monetary fee, payment, or surcharge, beyond the base price of a motor vehicle. (b) Rulemaking required Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator and the Federal Communications Commission, shall issue a rule— (1) requiring devices that can receive signals and play content transmitted by AM broadcast stations be installed as standard equipment in motor vehicles manufactured in the United States, imported into the United States, or shipped in interstate commerce after the effective date of the rule; (2) requiring dashboard access to AM broadcast stations in a manner that is conspicuous to a driver; and (3) allowing a manufacturer to comply with that rule by installing devices that can receive signals and play content transmitted by digital audio AM broadcast stations as standard equipment in motor vehicles manufactured in the United States, imported into the United States, or shipped in interstate commerce after the effective date of the rule. (c) Interim requirement For motor vehicles manufactured in the United States, imported into the United States, or shipped in interstate commerce between the period of time beginning on the date of enactment of this Act and ending on the effective date of the rule issued under subsection (b) that do not include devices that can receive signals and play content transmitted by AM broadcast stations, the manufacturer of the motor vehicles shall provide clear and conspicuous labeling to inform purchasers of those motor vehicles that the motor vehicles do not include devices that can receive signals and play content transmitted by AM broadcast stations. (d) Enforcement (1) Civil penalty Any person failing to comply with the rule issued under subsection (b) shall be liable to the United States Government for a civil penalty in accordance with section 30165(a)(1) of title 49, United States Code. (2) Civil action The Attorney General may bring a civil action in an appropriate district court of the United States to enjoin a violation of the rule issued under subsection (b) in accordance with section 30163 of title 49, United States Code. (e) Study (1) Study required (A) In general The Comptroller General shall study and assess whether an alternative communication system for delivering emergency alerts and critical public safety information distributed by the Integrated Public Alert and Warning System to drivers and passengers of motor vehicles exists that— (i) is as reliable and resilient as AM broadcast stations; and (ii) is capable of ensuring the President (or a designee) can reach at least 90 percent of the population of the United States in a time of crisis, including at night. (B) Considerations In carrying out the study required by subparagraph (A), the Comptroller General shall consider— (i) the cost to drivers and passengers to receive communications through an alternative communication system; and (ii) in consultation with the Federal Emergency Management Agency, the Federal Communications Commission, and authorized alert originators, the cost and time required to develop and implement an alternative resilient communication system that fully replicates the capability to deliver emergency alerts and critical public safety information distributed by the Integrated Public Alert and Warning System. (2) Briefing; report (A) Briefing Not later than 1 year after the date of enactment of this Act, the Comptroller General shall brief the appropriate committees of Congress on the results of the study required by paragraph (1)(A), including recommendations for legislation and administrative action as the Comptroller General determines appropriate. (B) Report Not later than 180 days after the date on which the Comptroller General provides the briefing required under subparagraph (A), the Comptroller General shall submit to the Committees on Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs of the Senate; and the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives a report describing the results of the study required under paragraph (1)(A), including recommendations for legislation and administrative action as the Comptroller General determines appropriate.
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AM Radio for Every Vehicle Act of 2023
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No Vaccine Mandates Act of 2023 This bill creates a federal statutory framework to govern restrictions and requirements related to COVID-19 vaccinations. First, the bill temporarily prohibits (1) requiring an individual to receive a COVID-19 vaccine, or (2) administering a COVID-19 vaccine to a minor or other individual who lacks the capacity to consent without the consent of a parent or guardian. A violation is subject to criminal penalties. Second, the bill requires any person who administers a COVID-19 vaccine to provide a potential recipient with certain information about the risks associated with the vaccine so the potential recipient can make an informed decision. Third, the bill generally prohibits the public disclosure of an individual's COVID-19 vaccination status without express, written consent. A violation is subject to criminal and civil penalties. This bill does not preempt state or local laws that provide greater privacy protection than these provisions.
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118 S167 IS: No Vaccine Mandates Act of 2023 U.S. Senate 2023-01-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 167 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Cruz Committee on the Judiciary A BILL To prohibit vaccination mandates for COVID–19. 1. Short title This Act may be cited as the No Vaccine Mandates Act of 2023 2. Vaccinations (a) In general Part I of title 18, United States Code, is amended by inserting after chapter 117 the following: 117A Vaccinations 2431. Vaccinations (a) Requirements (1) In general Except as provided in paragraph (2), it shall be unlawful to— (A) require any United States person to receive a COVID–19 vaccine, whether such vaccine has received an emergency use authorization pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 21 U.S.C. 355 42 U.S.C. 262 (B) vaccinate with a COVID–19 vaccine described in subparagraph (A)— (i) an individual under the age of 18; or (ii) an individual that lacks the capacity to exercise the right to consent to be vaccinated. (2) Exceptions Paragraph (1) shall not apply if the individual, or if the individual is a minor or is otherwise unable to consent, a parent, guardian, conservator, or attorney-in-fact of the individual, provides consent to be vaccinated. (3) Sunset This subsection is effective beginning on the date of enactment of this section and ending on the date that is 5 years after that date. (b) Right To be informed Any person that administers a vaccine for the coronavirus disease 2019 (COVID–19) shall, consistent with medical ethics and applicable informed consent laws of the State in which the vaccine is administered and any applicable Federal regulations related to informed consent laws, disclose to any individual, before the vaccine is administered, the risks associated with the vaccine so that the individual can make an informed decision. (c) Protecting privacy (1) In general Except as provided in subparagraph (B), it shall be unlawful for any person to publicly disclose information about the COVID–19 vaccination status of an individual without the express consent of the individual if the individual provided the information to the person— (A) as an employee in the context of an employer-employee relationship; (B) as an independent contractor where the vaccination status was provided to the person to whom the contractor is providing services; (C) as a consumer in the context of any consumer transaction; (D) as a patient in order to obtain medical care or health-related services from any health care provider; or (E) the user of any technology application, platform, or service. (2) Requirements For purposes of this subsection, an individual does not provide express consent to the disclosure of a COVID–19 vaccination status unless— (A) the individual agrees to the circumstances of disclosure in writing; and (B) the agreement is not conditioned on or contained within any other agreement. (3) Exception Paragraph (1) shall not apply if the parent or guardian of the individual provides consent to the disclosure described in that subparagraph. (d) Criminal penalties Whoever knowingly violates subsection (a) or (c) shall be imprisoned not more than 1 year, fined in accordance with this title, or both. (e) Civil penalties Any person who receives the COVID–19 vaccination status of an individual under circumstances that would create a reasonable expectation of privacy in that status, including the circumstances listed in subparagraphs (A) through (E) of subsection (c)(1), and who either intentionally or negligently discloses that status to the public without the consent of the individual, shall be subject to a civil fine not to exceed $25,000 per disclosure or any actual damages suffered. (f) Preemption This section does not annul, alter, or affect any law of any State or local government that provides a greater level of privacy than the provisions in this section. . (b) Technical and conforming amendment The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to section 117 the following: 117A. Vaccinations 2431 .
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No Vaccine Mandates Act of 2023
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Digital Platform Commission Act of 2023 This bill establishes a commission to regulate digital platforms. These are online services that facilitate interactions between users and between users and entities (including online services) that offer goods and services. The bill provides the commission with rulemaking, investigative, and related authorities to regulate access to, competition among, and consumer protections for digital platforms. This includes setting standards for age verification and age-appropriate design. The bill also provides for administrative and judicial enforcement of the regulations. The commission must establish a council of technical experts, representatives of digital platforms, and other experts (e.g., representatives of nonprofit public interest groups and academics) to recommend standards for algorithmic processes and other policies. Additionally, the commission may designate systemically important digital platforms. The bill includes criteria for the commission to use when designating a platform as systemically important (e.g., whether its operations have significant nationwide economic, social, or political impacts). The bill also requires that the commission receive pre-merger notifications concerning designated platforms. The commission may provide recommendations about such mergers to the Department of Justice and the Federal Trade Commission, and those agencies must give the recommendations substantial weight when reviewing such mergers. The bill also requires the commission and any relevant federal agency to consult each other when investigating or regulating the effects of digital platforms on certain matters, including competition and consumer protection. The President must appoint an independent panel to evaluate the commission after five years and recommend whether to extend the commission.
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104 S1671 IS: Digital Platform Commission Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1671 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Bennet Mr. Welch Committee on Commerce, Science, and Transportation A BILL To establish a new Federal body to provide reasonable oversight and regulation of digital platforms. 1. Short title; table of contents (a) Short title This Act may be cited as the Digital Platform Commission 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. Findings; sense of Congress. Sec. 3. Definitions. Sec. 4. Establishment of Federal Digital Platform Commission. Sec. 5. Jurisdiction. Sec. 6. Organization and general powers. Sec. 7. Organization and functioning of the Commission. Sec. 8. Code Council. Sec. 9. Rulemaking authority, requirements, and considerations. Sec. 10. Systemically important digital platforms. Sec. 11. Inter-agency support. Sec. 12. Petitions. Sec. 13. Research. Sec. 14. Investigative authority. Sec. 15. HSR filings. Sec. 16. Enforcement by private persons and governmental entities. Sec. 17. Enforcement by Commission and Department of Justice. Sec. 18. Proceedings to enjoin, set aside, annul, or suspend orders of the Commission. Sec. 19. Report to Congress. Sec. 20. Authorization of appropriations. 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) In the United States and around the world, digital platforms and online services play a central role in modern life by providing new tools for communication, commerce, entrepreneurship, and debate. (2) The United States takes pride in the success of its technology sector, which leads the world in innovation and dynamism, provides valuable services to the people of the United States, and supports thousands of good-paying jobs in the United States. (3) In recent years, a few digital platforms have benefitted from the combination of economies of scale, network effects, and unique characteristics of the digital marketplace to achieve vast power over the economy, society, and democracy of the United States. (4) The last time Congress enacted legislation to meaningfully regulate the technology or telecommunications sector was the Telecommunications Act of 1996 ( Public Law 104–104 (5) Digital platforms remain largely unregulated and are left to write their own rules without meaningful democratic input or accountability. (6) The unregulated policies and operations of some of the most powerful digital platforms have at times produced demonstrable harm, including— (A) undercutting small businesses; (B) abetting the collapse of trusted local journalism; (C) enabling addiction and other harms to the mental health of the people of the United States, especially minors; (D) disseminating disinformation and hate speech; (E) undermining privacy and monetizing the personal data of individuals in the United States without their informed consent; (F) in some cases, radicalizing individuals to violence; and (G) perpetuating discriminatory treatment of communities of color and underserved populations. (7) The development of increasingly powerful algorithmic processes for communication, research, content generation, and decision making, such as generative artificial intelligence, threatens to magnify the harms identified in paragraph (6) without mechanisms for proper oversight and regulation to protect the public interest. (8) The failure of the United States Government to establish appropriate regulations for digital platforms cedes to foreign competitors the historic role played by the United States in setting reasonable rules of the road and technical standards for emerging technologies. (9) Throughout the history of the United States, Congress has often responded to the emergence of powerful and complex new sectors of the economy by empowering sector-specific expert Federal regulators. (10) Throughout the history of the United States, the Federal Government has established reasonable regulation, consistent with the First Amendment to the Constitution of the United States, to promote a diversity of viewpoints, support civic engagement, and preserve the right of citizens to communicate with each other, which is foundational to self-governance. (11) The unique power and complexity of several digital platforms, combined with the absence of modern Federal regulations, reinforces the need for a new Federal body equipped with the authorities, tools, and expertise to regulate digital platforms to ensure their operations remain consistent, where appropriate, with the public interest. (b) Sense of Congress It is the sense of Congress that the Federal agency established under this Act should— (1) develop appropriate regulations and policies grounded in the common law principles of the duty of care and the duty to deal, insofar as those principles are relevant and practical; and (2) adopt, where relevant and practical, a risk management regulatory approach that prioritizes anticipating, limiting, and balancing against other interests the broad economic, societal, and political risks of harm posed by the activities and operations of a person or class of persons. 3. Definitions In this Act: (1) Algorithmic process The term algorithmic process (A) making a decision; (B) generating content; or (C) determining the order or manner in which a set of information is provided, recommended to, or withheld from a user of a digital platform, including— (i) the provision of commercial content; (ii) the display of social media posts; (iii) the display of search results or rankings; or (iv) any other method of automated decision making, content selection, or content amplification. (2) Code Council; Council The term Code Council Council (3) Commission The term Commission (4) Digital platform (A) In general The term digital platform (i) between users; and (ii) between users and— (I) entities offering goods and services through the online service; or (II) the online service with respect to goods and services offered directly by the online service, including content primarily generated by algorithmic processes. (B) De minimis exception (i) In general Notwithstanding subparagraph (A)(ii)(II), the term digital platform (ii) Online services that do not qualify for de minimis exception Notwithstanding clause (i), if an online service described in subparagraph (A)(ii)(II) is owned by an entity but is offered through an affiliate, partnership, or joint venture of, or is otherwise segregable from, the entity— (I) the online service shall be considered a digital platform; and (II) the entity shall not be considered a digital platform. (C) Small digital platform businesses (i) In general The term digital platform (ii) SBA rulemaking Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall by regulation define the term small digital platform business (iii) Non-applicability to systemically important digital platforms Clause (i) shall not apply to a systemically important digital platform. (D) News organizations The term digital platform (5) Immediate family member The term immediate family member (6) Online service The term online service (7) Systemically important digital platform The term systemically important digital platform 4. Establishment of Federal Digital Platform Commission (a) Establishment There is established a commission to be known as the Federal Digital Platform Commission (1) be constituted as provided in this Act; and (2) execute and enforce the provisions of this Act. (b) Purposes of Commission The purpose of the Commission is to regulate digital platforms, consistent with the public interest, convenience, and necessity, to promote to all the people of the United States, so far as possible, the following: (1) Access to digital platforms for civic engagement and economic and educational opportunities. (2) Access to government services and public safety. (3) Competition to encourage the creation of new online services and innovation, and to provide to consumers benefits such as lower prices and better quality of service. (4) Prevention of harmful levels of concentration of private power over critical digital infrastructure. (5) A robust and competitive marketplace of ideas with a diversity of views at the local, State, and national levels. (6) Protection for consumers, including those in communities of color and underserved populations, from deceptive, unfair, unjust, unreasonable, or abusive practices committed by digital platforms. (7) Assurance that the algorithmic processes of digital platforms are fair, transparent, and safe. (c) Rule of construction Nothing in this Act, or any amendment made by this Act, shall be construed to modify, impair, or supersede the applicability of any antitrust laws. 5. Jurisdiction (a) Plenary jurisdiction The Commission shall have jurisdiction over any digital platform, the services of which— (1) originate or are received within the United States; and (2) affect interstate or foreign commerce. (b) Provisions relative to systemically important digital platforms Not later than 180 days after the earliest date as of which not fewer than 3 Commissioners have been confirmed, the Commission shall determine whether to promulgate rules, with input from the Code Council as appropriate, to establish for systemically important digital platforms— (1) commercial and technical standards for— (A) data portability; and (B) interoperability, which shall be defined as the functionality of information systems to— (i) exchange data; and (ii) enable sharing of information; (2) requirements— (A) for recommendation systems and other algorithmic processes of systemically important digital platforms to ensure that the algorithmic processes are fair, transparent, and without harmful, abusive, anticompetitive, or deceptive bias; and (B) for auditing, accountability, and explainability of algorithmic processes; (3) transparency requirements for terms of service, including content moderation policies; (4) requirements for regular public risk assessments of the distribution of harmful content on a systemically important digital platform and steps the systemically important digital platform has taken, or plans to take, to mitigate those harms, including harms arising from algorithmic processes; (5) transparency and disclosure obligations to enable— (A) oversight by the Commission; (B) third-party audits to ensure the accuracy of any public risk assessments required under paragraph (4); and (C) trusted third-party research in the public interest; and (6) commercial and technical standards to ensure accessibility to individuals with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (c) Specific codes and standards (1) Age-appropriate design code (A) Establishment Not later than 180 days after the earliest date as of which not fewer than 3 Commissioners have been confirmed, the Commission shall, with input from the Code Council as appropriate, establish by rule an age-appropriate design code. (B) Contents The age-appropriate design code established under subparagraph (A) shall include— (i) requirements governing the design and data privacy standards for the entities that the Commission designates as being subject to the code; and (ii) prohibited design features and data practices for the entities described in clause (i). (2) Age verification standards Not later than 180 days after the earliest date as of which not fewer than 3 Commissioners have been confirmed, the Commission shall, with input from the Code Council as appropriate, begin the process of developing age verification standards. (3) Procedure (A) Public review; Commission examination and vote In establishing an age-appropriate design code and age verification standards under paragraphs (1) and (2), the Commission shall first develop a proposed code and standards, respectively, and comply with the requirements under paragraph (4) of section 8(e) in the same manner as with respect to a proposed behavioral code, technical standard, or other policy submitted to the Commission by the Code Council under paragraph (3) of that section. (B) Updates Paragraph (5) of section 8(e) shall apply to the age-appropriate design code and age verification standards established under paragraphs (1) and (2) of this subsection in the same manner as it applies to a behavioral code, technical standard, or other policy established by rule under paragraph (4) of that section. (d) Forbearance (1) In general The Commission may forbear from exercising jurisdiction over a digital platform or class of digital platforms based on size, revenue, market share, or other attributes the Commission determines appropriate. (2) Flexibility The Commission may reassert jurisdiction over a digital platform or class of digital platform over which the Commission forbore from exercising jurisdiction under paragraph (1). 6. Organization and general powers (a) In general The Commission shall be composed of 5 Commissioners appointed by the President, by and with the advice and consent of the Senate, one of whom the President shall designate as chair. (b) Qualifications (1) Citizenship Each member of the Commission shall be a citizen of the United States. (2) Conflicts of interest (A) In general Subject to subparagraphs (B) and (C), no member of the Commission or person employed by the Commission, and no immediate family member thereof, shall— (i) be financially interested in— (I) any person significantly regulated by the Commission under this Act; or (II) a third party in direct and substantial competition with a person described in subclause (I); or (ii) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person or third party described in clause (i). (B) Significant interest The prohibitions under subparagraph (A) shall apply only to financial interests in any company or other entity that has a significant interest in activities subject to regulation by the Commission. (C) Waiver (i) In general Subject to section 208 of title 18, United States Code, the Commission may waive, from time to time, the application of the prohibitions under subparagraph (A) to persons employed by the Commission, or immediate family members thereof, if the Commission determines that the financial interests of a person that are involved in a particular case are minimal. (ii) No waiver for Commissioners The waiver authority under clause (i) shall not apply with respect to members of the Commission. (iii) Publication If the Commission exercises the waiver authority under clause (i), the Commission shall publish notice of that action in the Federal Register. (3) Determination of significant interest The Commission, in determining for purposes of paragraph (2) whether a company or other entity has a significant interest in activities that are subject to regulation by the Commission, shall consider, without excluding other relevant factors— (A) the revenues, investments, profits, and managerial efforts directed to the related activities of the company or other entity, as compared to the other aspects of the business of the company or other entity; (B) the extent to which the Commission regulates and oversees the activities of the company or other entity; (C) the degree to which the economic interests of the company or other entity may be affected by any action of the Commission; and (D) the perceptions held by the public regarding the business activities of the company or other entity. (4) No other employment A member of the Commission may not engage in any other business, vocation, profession, or employment while serving as a member of the Commission. (5) Political parties The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners that constitutes a majority of the full membership of the Commission. (c) Term (1) In general A commissioner— (A) shall be appointed for a term of 5 years; and (B) may continue to serve after the expiration of the fixed term of office of the commissioner until a successor is appointed and has been confirmed and taken the oath of office. (2) Filling of vacancies Any person chosen to fill a vacancy in the Commission— (A) shall be appointed for the unexpired term of the commissioner that the person succeeds; (B) except as provided in subparagraph (C), may continue to serve after the expiration of the fixed term of office of the commissioner that the person succeeds until a successor is appointed and has been confirmed and taken the oath of office; and (C) may not continue to serve after the expiration of the session of Congress that begins after the expiration of the fixed term of office of the commissioner that the person succeeds. (3) Effect of vacancy on powers of Commission Except as provided in section 9(e) (relating to repeal of prior rules), no vacancy in the Commission shall impair the right of the remaining commissioners to exercise all the powers of the Commission. (d) Salary of Commissioners (1) In general Each Commissioner shall receive an annual salary at the annual rate payable from time to time for grade 16 of the pay scale of the Securities and Exchange Commission, payable in monthly installments. (2) Chair The Chair of the Commission, during the period of service as Chair, shall receive an annual salary at the annual rate payable from time to time for grade 17 of the pay scale of the Securities and Exchange Commission. (e) Principal office (1) General sessions The principal office of the Commission shall be in the District of Columbia, where its general sessions shall be held. (2) Special sessions Whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby, the Commission may hold special sessions in any part of the United States. (f) Employees (1) In general The Commission may, subject to the civil service laws and the Classification Act of 1949, as amended, appoint such officers, engineers, accountants, attorneys, inspectors, examiners, and other employees as are necessary in the exercise of its functions. (2) Assistants (A) Professional assistants; secretary Without regard to the civil-service laws, but subject to the Classification Act of 1949, each commissioner may appoint professional assistants and a secretary, each of whom shall perform such duties as the commissioner shall direct. (B) Administrative assistant to Chair In addition to the authority under subparagraph (A), the Chair of the Commission may appoint, without regard to the civil-service laws, but subject to the Classification Act of 1949, an administrative assistant who shall perform such duties as the Chair shall direct. (3) Use of volunteers to monitor violations relating to online services (A) Recruitment and training of volunteers The Commission, for purposes of monitoring violations of any provision of this Act (and of any regulation prescribed by the Commission under this Act), may— (i) recruit and train any software engineer, computer scientist, data scientist, or other individual with skills or expertise relevant to the responsibilities of the Commission; and (ii) accept and employ the voluntary and uncompensated services of individuals described in clause (i). (B) No limitations on voluntary services The authority of the Commission under subparagraph (A) shall not be subject to or affected by— (i) part III of title 5, United States Code; or (ii) section 1342 of title 31, United States Code. (C) No Federal employment Any individual who provides services under this paragraph or who provides goods in connection with such services shall not be considered a Federal or special government employee. (D) Broad representation The Commission, in accepting and employing services of individuals under subparagraph (A), shall seek to achieve a broad representation of individuals and organizations. (E) Rules of conduct The Commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph. (F) Regulations for personnel practices The Commission may prescribe regulations to select, oversee, sanction, and dismiss any individual authorized under this paragraph to be employed by the Commission. (g) Expenditures (1) In general The Commission may make such expenditures (including expenditures for rent and personal services at the seat of government and elsewhere, for office supplies, online subscriptions, electronics, law books, periodicals, subscriptions, and books of reference), as may be necessary for the execution of the functions vested in the Commission and as may be appropriated for by Congress in accordance with the authorizations of appropriations under section 20. (2) Reimbursement All expenditures of the Commission, including all necessary expenses for transportation incurred by the commissioners or by their employees, under their orders, in making any investigation or upon any official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Chair of the Commission or by such other members or officer thereof as may be designated by the Commission for that purpose. (3) Gifts (A) In general Notwithstanding any other provision of law, in furtherance of its functions the Commission is authorized to accept, hold, administer, and use unconditional gifts, donations, and bequests of real, personal, and other property (including voluntary and uncompensated services, as authorized by section 3109 of title 5, United States Code). (B) Taxes For the purpose of Federal law on income taxes, estate taxes, and gift taxes, property or services accepted under the authority of subparagraph (A) shall be deemed to be a gift, bequest, or devise to the United States. (C) Regulations (i) In general The Commission shall promulgate regulations to carry out this paragraph. (ii) Conflicts of interest The regulations promulgated under clause (i) shall include provisions to preclude the acceptance of any gift, bequest, or donation that would create a conflict of interest or the appearance of a conflict of interest. (h) Quorum; seal (1) Quorum Three members of the Commission shall constitute a quorum thereof. (2) Seal The Commission shall have an official seal which shall be judicially noticed. (i) Duties and powers The Commission may perform any and all acts, including collection of any information from digital platforms under the jurisdiction of the Commission as the Commission determines necessary, without regard to any final determination of the Office on Management and Budget under chapter 35 Paperwork Reduction Act (j) Conduct of proceedings; hearings (1) In general The Commission may conduct its proceedings in such manner as will best conduce to the proper dispatch of business and to the ends of justice. (2) Conflict of interest No commissioner shall participate in any hearing or proceeding in which he has a pecuniary interest. (3) Open to all parties Any party may appear before the Commission and be heard in person or by attorney. (4) Record of proceedings (A) In general Subject to subparagraph (B)— (i) every vote and official act of the Commission shall be entered of record; and (ii) the Commission shall endeavor to make each proceeding public, while recognizing the occasional need for private convening and deliberation. (B) Defense information The Commission may withhold publication of records or proceedings containing secret information affecting the national defense. (k) Record of reports All reports of investigations made by the Commission shall be entered of record, and a copy thereof shall be furnished to the party who may have complained, and to any digital platform or licensee that may have been complained of. (l) Publication of reports; admissibility as evidence The Commission shall provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use, and such authorized publications shall be competent evidence of the reports and decisions of the Commission therein contained in all courts of the United States and of the several States without any further proof or authentication thereof. (m) Compensation of appointees Rates of compensation of persons appointed under this section shall be subject to the reduction applicable to officers and employees of the Federal Government generally. (n) Memoranda of understanding The Commission shall enter into memoranda of understanding with the Federal Communications Commission, the Federal Trade Commission, and the Department of Justice to ensure, to the greatest extent possible, coordination, collaboration, and the effective use of Federal resources concerning areas of overlapping jurisdiction. 7. Organization and functioning of the Commission (a) Chair; duties; vacancy (1) In general The member of the Commission designated by the President as Chair shall be the chief executive officer of the Commission. (2) Duties The Chair of the Commission shall— (A) preside at all meetings and sessions of the Commission; (B) represent the Commission in all matters relating to legislation and legislative reports, except that any commissioner may present the commissioner's own or minority views or supplemental reports; (C) represent the Commission in all matters requiring conferences or communications with other governmental officers, departments, or agencies; and (D) generally coordinate and organize the work of the Commission in such manner as to promote prompt and efficient disposition of all matters within the jurisdiction of the Commission. (3) Vacancy In the case of a vacancy in the office of the Chair of the Commission, or the absence or inability of the Chair to serve, the Commission may temporarily designate a member of the Commission to act as Chair until the cause or circumstance requiring the designation is eliminated or corrected. (b) Organization of staff (1) In general From time to time as the Commission may find necessary, the Commission shall organize its staff into— (A) bureaus, to function on the basis of the Commission’s principal workload operations; and (B) such other divisional organizations as the Commission may determine necessary. (2) Integration The Commission, to the extent practicable, shall organize the bureaus and other divisions of the Commission to— (A) promote collaboration and cross-cutting subject matter and technical expertise; and (B) avoid organization silos. (3) Personnel Each bureau established under paragraph (1)(A) shall include such legal, engineering, accounting, administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions. (4) Expert personnel The Commission shall prioritize, to the extent practicable, the hiring of staff with a demonstrated academic or professional background in computer science, data science, application development, technology policy, and other areas the Commission may determine necessary to perform its functions. (c) Delegation of functions; exceptions to initial orders; force, effect, and enforcement of orders; administrative and judicial review; qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions; secretary; seal (1) Delegation of functions (A) In general When necessary to the proper functioning of the Commission and the prompt and orderly conduct of its business, the Commission may, by published rule or by order, delegate any of its functions to a panel of commissioners, an individual commissioner, an employee board, or an individual employee, including functions with respect to hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter; except that in delegating review functions to employees in cases of adjudication (as defined in section 551 of title 5, United States Code), the delegation in any such case may be made only to an employee board consisting of 2 or more employees referred to in paragraph (7). (B) Minimum vote Any rule or order described in subparagraph (A) may be adopted, amended, or rescinded only by a vote of a majority of the members of the Commission then holding office. (2) Force, effect, and enforcement of orders Any order, decision, report, or action made or taken pursuant to a delegation under paragraph (1), unless reviewed as provided in paragraph (3), shall have the same force and effect, and shall be made, evidenced, and enforced in the same manner, as orders, decisions, reports, or other actions of the Commission. (3) Administrative and judicial review (A) Aggrieved persons Any person aggrieved by an order, decision, report, or action described in paragraph (1) may file an application for review by the Commission within such time and in such manner as the Commission shall prescribe, and every such application shall be passed upon by the Commission. (B) Initiative of Commission The Commission, on its own initiative, may review in whole or in part, at such time and in such manner as it shall determine, any order, decision, report, or action made or taken pursuant to any delegation under paragraph (1). (4) Review (A) In general In passing upon an application for review filed under paragraph (3), the Commission may grant, in whole or in part, or deny the application without specifying any reasons therefor. (B) Questions of fact or law No application for review filed under paragraph (3)(A) shall rely on questions of fact or law upon which the panel of commissioners, individual commissioner, employee board, or individual employee has been afforded no opportunity to pass. (5) Grant of application If the Commission grants an application for review filed under paragraph (3)(A), the Commission may— (A) affirm, modify, or set aside the order, decision, report, or action; or (B) order a rehearing upon the order, decision, report, or action. (6) Application required for judicial review The filing of an application for review under paragraph (3)(A) shall be a condition precedent to judicial review of any order, decision, report, or action made or taken pursuant to a delegation under paragraph (1). (7) Qualifications and compensation of delegates; assignment of cases; separation of review and investigative or prosecuting functions (A) Qualifications of delegates The employees to whom the Commission may delegate review functions in any case of adjudication (as defined in the Administrative Procedure Act)— (i) shall be qualified, by reason of their training, experience, and competence, to perform such review functions; and (ii) shall perform no duties inconsistent with such review functions. (B) Compensation An employee described in subparagraph (A) shall be in a grade classification or salary level commensurate with the important duties of the employee, and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed. (C) Separation In the performance of review functions described in subparagraph (A), employees described in that subparagraph— (i) shall be assigned to cases in rotation so far as practicable; and (ii) shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency. (8) Secretary; seal The secretary and seal of the Commission shall be the secretary and seal of each panel of the Commission, each individual commissioner, and each employee board or individual employee exercising functions delegated pursuant to paragraph (1) of this subsection. (d) Meetings Meetings of the Commission shall be held at regular intervals, not less frequently than once each calendar month, at which times the functioning of the Commission and the handling of its workload shall be reviewed and such orders shall be entered and other action taken as may be necessary or appropriate to expedite the prompt and orderly conduct of the business of the Commission with the objective of rendering a final decision in a timely fashion. (e) Managing Director (1) In general The Commission shall have a Managing Director who shall be appointed by the Chair subject to the approval of the Commission. (2) Functions The Managing Director, under the supervision and direction of the Chair, shall perform such administrative and executive functions as the Chair shall delegate. (3) Pay The Managing Director shall be paid at a rate equal to the rate then payable for grade 15 of the pay scale of the Securities and Exchange Commission. 8. Code Council (a) Establishment The Commission shall establish a Code Council that shall develop proposed voluntary or enforceable behavioral codes, technical standards, or other policies for digital platforms through the code process under subsection (e), including with respect to transparency and accountability for algorithmic processes. (b) Membership (1) In general The Council shall consist of 18 members, of whom— (A) 6 shall be representatives of digital platforms or associations of digital platforms, not fewer than 3 of whom shall be representatives of systemically important digital platforms or associations that include systemically important digital platforms; (B) 6 shall be representatives of nonprofit public interest groups, academics, and other experts not affiliated with commercial enterprises, with demonstrated expertise in technology policy, law, consumer protection, privacy, competition, disinformation, or another area the Chair determines relevant; and (C) 6 shall be technical experts in engineering, application development, computer science, data science, machine learning, communications, media studies, and any other discipline the Chair determines relevant. (2) Appointment The Chair shall appoint each member of the Council, subject to approval by the Commission. (3) Terms (A) In general A member of the Council shall be appointed for a term of 3 years. (B) Staggered terms The terms of members of the Council shall be staggered such that one-third of the membership of the Council changes each year. (c) Meetings The Council shall meet publicly not less frequently than once a month. (d) Chair and Vice Chair (1) In general There shall be a Chair and Vice Chair of the Council— (A) one of whom shall be a member described in subparagraph (A) of subsection (b)(1); and (B) one of whom shall be a member described in subparagraph (B) of subsection (b)(1). (2) Annual rotation The Chair or Vice Chair for a calendar year shall be a member described in a different subparagraph of subsection (b)(1) than the member who served as Chair or Vice Chair, respectively, for the preceding calendar year. (e) Code process (1) In general The Commission may, at any time, initiate a process to develop a voluntary or enforceable behavioral code, technical standard, or other policy for digital platforms or a class of digital platforms. (2) Initiation based on petition or Council vote The Commission may initiate the process described in paragraph (1) if— (A) the Commission receives a petition from the public, including from a digital platform or an association of digital platforms; or (B) the Council votes to initiate the process. (3) Council examination and vote If the process described in paragraph (1) is initiated, the Council— (A) shall consider and develop, if appropriate, a proposed behavioral code, technical standard, or other policy for digital platforms or a class of digital platforms; (B) in considering and developing a proposed code, standard, or policy under subparagraph (A), shall— (i) allow for submission of feedback by any interested party; and (ii) make available to the public a factual record, developed during the consideration and development of the proposed code, standard, or policy, that includes any submission received under clause (i); (C) not earlier than 180 days and not later than 360 days after the date on which the process is initiated, shall vote on whether to submit a recommendation for the proposed code, standard, or policy to the Commission; and (D) may submit minority views along with a recommendation under subparagraph (C), as appropriate. (4) Public review; Commission examination and vote Upon receipt of a recommendation for a proposed behavioral code, technical standard, or other policy from the Council under paragraph (3), the Commission shall— (A) allow for submission of comments on the proposed code, standard, or policy by any interested party for a period of not fewer than 45 days and not more than 90 days, and publicly disclose any comments received; (B) examine the proposed code, standard, or policy, along with comments received under subparagraph (A); (C) determine whether to adopt, reject, or adopt with modifications the proposed code, standard, or policy; (D) provide a public rationale for the determination under subparagraph (C); and (E) promulgate rules to carry out the determination under subparagraph (C) in accordance with section 553 of title 5, United States Code. (5) Updates Not less frequently than once every 5 years, the Commission shall review and update, as necessary, any behavioral code, technical standard, or other policy established by rule under paragraph (4). (6) Rule of construction Nothing in this subsection shall be construed to affect the authority of the Commission to promulgate rules under section 9. (f) Qualifications (1) Citizenship Each member of the Council shall be a United States citizen or an alien lawfully admitted for permanent residence to the United States. (2) Conflicts of interest (A) In general Subject to subparagraphs (B) and (C), no member of the Council other than a member appointed under subsection (b)(1)(A) shall— (i) be financially interested in any company or other entity engaged in the business of providing online services; (ii) be financially interested in any company or other entity that controls any company or other entity specified in clause (i), or that derives a significant portion of its total income from ownership of stocks, bonds, or other securities of any such company or other entity; or (iii) be employed by, hold any official relation to, or own any stocks, bonds, or other securities of, any person significantly regulated by the Commission under this Act. (B) Significant interest The prohibitions under subparagraph (A) shall apply only to financial interests in any company or other entity that has a significant interest in activities subject to regulation by the Commission. (C) Waiver (i) In general Subject to section 208 of title 18, United States Code, the Commission may waive, from time to time, the application of the prohibitions under subparagraph (A) to a member of the Council if the Commission determines that the financial interests of the member that are involved in a particular case are minimal. (ii) Publication If the Commission exercises the waiver authority under clause (i), the Commission shall publish notice of that action in the Federal Register. (3) Determination of significant interest The Commission, in determining for purposes of paragraph (2) whether a company or other entity has a significant interest in activities that are subject to regulation by the Commission, shall consider, without excluding other relevant factors— (A) the revenues, investments, profits, and managerial efforts directed to the related activities of the company or other entity, as compared to the other aspects of the business of the company or other entity; (B) the extent to which the Commission regulates and oversees the activities of the company or other entity; (C) the degree to which the economic interests of the company or other entity may be affected by any action of the Commission; and (D) the perceptions held by the public regarding the business activities of the company or other entity. (g) Rule of construction Nothing in this section shall be construed to authorize the Council to promulgate rules. 9. Rulemaking authority, requirements, and considerations The Commission— (1) may promulgate rules to carry out this Act in accordance with section 553 of title 5, United States Code; and (2) shall tailor the rules promulgated under paragraph (1), as appropriate, based on the size, dominance, and other attributes of particular digital platforms. 10. Systemically important digital platforms (a) Designation of SIDPs; rulemaking authority The Commission may— (1) designate systemically important digital platforms in accordance with this section; and (2) promulgate rules specific to systemically important digital platforms, consistent with the purposes of the Commission under section 4(b). (b) Mandatory criteria The Commission shall designate a digital platform a systemically important digital platform if the platform— (1) is open to the public on one side; (2) has significant engagement among users, which may take the form of private groups, public groups, and the sharing of posts visible to some or all users; (3) conducts business primarily at the interstate or international level, as opposed to the intrastate level; and (4) has operations with significant nationwide economic, social, or political impacts, as defined by the Commission for purposes of this paragraph through notice-and-comment rulemaking under section 553 of title 5, United States Code, which may include— (A) the ability of the platform to significantly shape the national dissemination of news; (B) the ability of the platform to cause a person significant, immediate, and demonstrable economic, social, or political harm by exclusion from the platform; (C) the market power of the platform; (D) the number of unique daily users of the platform; and (E) the dependence of business users, especially small business users (including entrepreneurs from communities of color and underserved populations), on the platform to reach customers. (c) Annual and other reports (1) Authority to require reports The Commission may— (A) require annual reports from systemically important digital platforms subject to this Act, and from persons directly or indirectly controlling or controlled by, or under direct or indirect control with, any such platform; (B) prescribe the content expected in such reports; (C) prescribe the manner in which such reports shall be made; and (D) require from such persons specific answers to all questions upon which the Commission may need information. (2) Administration (A) Time period covered; filing A report under paragraph (1)— (i) shall be for such 12 months’ period as the Commission shall designate; and (ii) shall be filed with the Commission at its office in Washington not later than 3 months after the close of the year for which the report is made, unless additional time is granted in any case by the Commission. (B) Failure to meet deadline If a person subject to this subsection fails to make and file an annual report within the time specified under subparagraph (A), or within the time extended by the Commission, for making and filing the report, or fails to make specific answer to any question authorized by this subsection within 30 days after the time the person is lawfully required so to do, the person shall forfeit to the United States— (i) $10,000 for each day the person continues to be in default with respect thereto, for the first 30 days of such default; and (ii) an amount determined appropriate by the Commission for each subsequent day that the person continues to be in default with respect thereto, which may not exceed 1 percent of the total global revenue of the person during the preceding year. 11. Inter-agency support (a) Expert support Upon request from any other Federal agency for expertise, technical assistance, or other support from the Commission, the Commission shall provide that support. (b) Required consultation by other Federal agencies Any Federal agency, including the Federal Trade Commission and the Antitrust Division of the Department of Justice, engaged in investigation, regulation, or oversight with respect to the impact of digital platforms on consumer protection, competition, civic engagement, or democratic values and institutions shall consult with the Commission in carrying out that investigation, regulation, or oversight. (c) Required consultation with other Federal agencies The Commission, in carrying out investigation, regulation, or oversight with respect to the impact of digital platforms on consumer protection, competition, civic engagement, or democratic values and institutions, shall consult with each other Federal agency, including the Federal Trade Commission and the Antitrust Division of the Department of Justice, that is engaged in investigation, regulation, or oversight with respect to the impact of digital platforms on consumer protection, competition, civic engagement, or democratic values and institutions. 12. Petitions (a) Petition for forbearance (1) Submission (A) In general Any digital platform or association of digital platforms may submit a petition to the Commission requesting that the Commission forbear the application and enforcement of a rule promulgated under this Act, including a behavioral code of conduct, technical standard, or other policy established by rule under section 8. (B) Publication (i) In general Subject to clause (ii), the Commission shall make a petition submitted under subparagraph (A) available to the public. (ii) Waiver The Commission may waive the requirement under clause (i) if the Commission makes the rationale for the waiver available to the public. (2) Dismissal without prejudice (A) In general Any petition submitted under paragraph (1) shall be deemed dismissed without prejudice if the Commission does not grant the petition within 18 months after the date on which the Commission receives the petition, unless the Commission extends the 18-month period under subparagraph (B) of this paragraph. (B) Extension The Commission may extend the initial 18-month period under subparagraph (A) by an additional 3 months. (3) Scope of grant authority; written explanation The Commission may grant or deny a petition submitted under paragraph (1) in whole or in part and shall explain its decision in writing. (4) Notice and comment requirements Section 553 of title 5, United States Code, shall apply to any determination of the Commission to forbear the application and enforcement of a rule under paragraph (1) of this subsection. (b) State enforcement after Commission forbearance A State commission may not continue to apply or enforce any rule, including any behavioral code, technical standard, or other policy established by rule, that the Commission has determined to forbear from applying under subsection (a). 13. Research (a) Research office In order to carry out the purposes of this Act, the Commission shall establish an office with not fewer than 20 dedicated employees to conduct internal research, and collaborate with outside academics and experts, as appropriate, to further the purposes of the Commission under section 4(b). (b) Research grants (1) In general The office established under subsection (a) may competitively award grants to academic institutions and experts to conduct research consistent with the purposes of the Commission under section 4(b). (2) Public availability A recipient of a grant awarded under paragraph (1) shall make the findings of the research conducted using the grant publicly available. (c) Pilot research program for sensitive data The Commission shall by rule establish a pilot program that allows vetted, nonprofit, financially disinterested academic institutions and experts to access data and other information collected from a digital platform by the Commission for the purposes of research and analysis consistent with the public interest, while— (1) ensuring that no personally identifiable information of any user of the digital platform is publicly available; and (2) making every effort to— (A) avoid harm to the business interests of the digital platform; and (B) ensure the safety and security of the private data and other information of the digital platform. 14. Investigative authority (a) In general The Commission may inquire into the management of the business of digital platforms subject to this Act, and shall keep itself informed as to the manner and method in which that management is conducted and as to technical and business developments in the provision of online services. (b) Information The Commission may obtain from digital platforms subject to this Act and from persons directly or indirectly controlling or controlled by, or under direct or indirect control with, those platforms full and complete information necessary, including data flows, to enable the Commission to perform the duties and carry out the objects for which it was created. 15. HSR filings Section 7A of the Clayton Act ( 15 U.S.C. 18a (l) (1) In this subsection— (A) the terms Commission systemically important digital platform Digital Platform Commission Act of 2023 (B) the term covered acquisition (i) subject to this section; and (ii) in which the acquiring person or the person whose voting securities or assets are being acquired is a systemically important digital platform. (2) Any notification required under subsection (a) for a covered acquisition shall be submitted to the Commission. (3) The Commission may request the submission of additional information or documentary material relevant to a covered acquisition. (4) The Commission may submit a recommendation to the Federal Trade Commission and the Assistant Attorney General on whether the covered acquisition violates any of the purposes of the Commission under section 4(b) of the Digital Platform Commission Act of 2023 (5) The Federal Trade Commission and the Assistant Attorney General— (A) shall cooperate with the Commission in determining whether a covered acquisition, if consummated, would violate the antitrust laws or the purposes of the Commission under section 4(b) of the Digital Platform Commission Act of 2023 (B) may use the recommendation of the Commission as a basis for rejecting the covered acquisition, or for imposing additional requirements to consummate the acquisition, even if the covered acquisition does not violate the antitrust laws but violates other purposes of the Commission under section 4(b) of the Digital Platform Commission Act of 2023 (C) in making a determination described in subparagraphs (A), shall give substantial weight to the recommendation of the Commission. . 16. Enforcement by private persons and governmental entities (a) Recovery of damages Any person claiming to be damaged by any digital platform subject to this Act may— (1) make complaint to the Commission under subsection (b); or (2) bring a civil action for enforcement of this Act, including the rules promulgated under this Act, in any district court of the United States of competent jurisdiction. (b) Complaints to the Commission (1) In general (A) Application Any person, any body politic or municipal organization, or any State attorney general or State commission, complaining of anything done or omitted to be done by any digital platform subject to this Act, in contravention of the provisions thereof, may apply to the Commission by petition which shall briefly state the facts, whereupon a statement of the complaint thus made shall be forwarded by the Commission to the digital platform, which shall be called upon to satisfy the complaint or to answer the complaint in writing within a reasonable time to be specified by the Commission. (B) Relief of liability If a digital platform described in subparagraph (A) within the time specified makes reparation for the injury alleged to have been caused, the platform shall be relieved of liability to the complainant only for the particular violation of law thus complained of. (C) Investigation If a digital platform described in subparagraph (A) does not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for investigating the complaint, the Commission shall investigate the matters complained of in such manner and by such means as the Commission determines proper. (D) Direct damage not required No complaint shall at any time be dismissed because of the absence of direct damage to the complainant. (2) Order (A) In general The Commission shall, with respect to any investigation under this subsection of the lawfulness of a charge, classification, regulation, or practice, issue an order concluding the investigation not later than 180 days after the date on which the complaint was filed. (B) Final order Any order concluding an investigation under subparagraph (A) shall be a final order and may be appealed under section 18. (3) Orders for payment of money If, after hearing on a complaint under this paragraph, the Commission determines that any party complainant is entitled to an award of damages under this Act, the Commission shall make an order directing the digital platform to pay to the complainant the sum to which the complainant is entitled on or before a day named. (c) Enforcement by State attorneys general If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by any person who violates this Act or a rule promulgated under this Act, the attorney general of the State, as parens patrie, may bring a civil action on behalf of the residents of the State in any district court of the United States of competent jurisdiction for enforcement of this Act, including the rules promulgated under this Act. (d) Liability of digital platform for acts and omissions of agents In construing and enforcing the provisions of this Act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any digital platform or user, acting within the scope of his employment, shall in every case be also deemed to be the act, omission, or failure of the platform or user as well as that of the person. 17. Enforcement by Commission and Department of Justice (a) Orders (1) Administrative order If the Commission believes that a person has violated or will violate this Act, the Commission may issue and cause to be served on the person an order requiring the person, as applicable— (A) to cease and desist, or refrain, from the violation; or (B) to pay restitution to any victim of the violation. (2) Civil action to enforce order The Commission or the Attorney General may bring a civil action in an appropriate district court of the United States to enforce an order issued under paragraph (1). (b) Civil penalty (1) In general Any digital platform that knowingly violates this Act shall be liable to the United States for a civil penalty. (2) Separate offenses Each distinct violation described in paragraph (1) shall be a separate offense, and in case of continuing violation each day shall be deemed a separate offense. (3) Deterrence The Commission shall establish a civil penalty for a violation of this Act in an amount that the Commission determines appropriate to deter future violations of this Act. (4) Annual cap The total amount of civil penalties imposed on a digital platform during a year under paragraph (1) may not exceed 15 percent of the total global revenue of the digital platform during the preceding year. 18. Proceedings to enjoin, set aside, annul, or suspend orders of the Commission (a) Right To appeal An appeal may be taken from any decision or order of the Commission, by any person who is aggrieved or whose interests are adversely affected by the decision or order, to the United States Court of Appeals for the District of Columbia or the United States court of appeals for the circuit in which the person resides. (b) Filing notice of appeal; contents; jurisdiction; temporary orders (1) Filing notice of appeal An appeal described in subsection (a) shall be taken by filing a notice of appeal with the appropriate United States court of appeals not later than 30 days after the date on which public notice is given of the decision or order complained of. (2) Contents A notice of appeal filed under paragraph (1) shall contain— (A) a concise statement of the nature of the proceedings as to which the appeal is taken; (B) a concise statement of the reasons on which the appellant intends to rely, separately stated and numbered; and (C) proof of service of a true copy of the notice and statements upon the Commission. (3) Jurisdiction Upon the filing of a notice of appeal with a United States court of appeals under paragraph (1), the court— (A) shall have jurisdiction of the proceedings and of the questions determined therein; and (B) shall have power, by order, directed to the Commission or any other party to the appeal, to grant such temporary relief as the court may deem just and proper. (4) Temporary orders An order granting temporary relief issued by the court under paragraph (3)— (A) may be affirmative or negative in scope and application so as to permit— (i) the maintenance of the status quo in the matter in which the appeal is taken; or (ii) the restoration of a position or status terminated or adversely affected by the order appealed from; and (B) shall, unless otherwise ordered by the court, be effective pending hearing and determination of the appeal and compliance by the Commission with the final judgment of the court rendered in the appeal. (c) Notice to interested parties; filing of record (1) Notice to interested parties Not later than 5 days after filing a notice of appeal under subsection (b), the appellant shall provide, to each person shown by the records of the Commission to be interested in the appeal, notice of— (A) the filing; and (B) the pendency of the appeal. (2) Filing of record The Commission shall file with the court the record upon which the order complained of was entered, as provided in section 2112 of title 28, United States Code. (d) Intervention (1) Right to intervene Not later than 30 days after the filing of an appeal described in subsection (a), any interested party may intervene and participate in the proceedings had upon the appeal by filing with the court— (A) a notice of intention to intervene and a verified statement showing the nature of the interest of the person; and (B) proof of service of true copies of the notice and statement described in subparagraph (A) upon— (i) the appellant; and (ii) the Commission. (2) Interested party For purposes of paragraph (1), any person who would be aggrieved or whose interest would be adversely affected by a reversal or modification of the order of the Commission complained of shall be considered an interested party. (e) Record and briefs The record and briefs upon which an appeal described in subsection (a) shall be heard and determined by the court shall contain such information and material, and shall be prepared within such time and in such manner, as the court may by rule prescribe. (f) Time of hearing; procedure The court shall hear and determine an appeal described in subsection (a) upon the record before it in the manner prescribed by section 706 of title 5, United States Code. (g) Remand If the court renders a decision and enters an order reversing the order of the Commission— (1) the court shall remand the case to the Commission to carry out the judgment of the court; and (2) the Commission, in the absence of proceedings to review the judgment under paragraph (1) or (2) of subsection (i), shall forthwith give effect to the judgment, and unless otherwise ordered by the court, shall do so upon the basis of— (A) the proceedings already had; and (B) the record upon which the appeal was heard and determined. (h) Judgment for costs The court may, in its discretion, enter judgment for costs in favor of or against an appellant, or other interested parties intervening in the appeal, but not against the Commission, depending upon the nature of the issues involved in the appeal and the outcome of the appeal. (i) Finality of decision; review by Supreme Court The judgment of a court of appeals under this section shall be final, subject to review by the Supreme Court of the United States— (1) upon writ of certiorari on petition therefor under section 1254 of title 28, United States Code, by— (A) the appellant; (B) the Commission; or (C) any interested party intervening in the appeal; or (2) by certification by the court of appeals under such section 1254. 19. Report to Congress (a) In general Not earlier than 5 years after the date of enactment of this Act, the President shall establish an independent panel to— (1) comprehensively study the policies, operations, and regulations of the Commission; and (2) submit an in-depth report to the congressional committees of jurisdiction, including the Committee on Commerce, Science, and Transportation of the Senate Committee on Energy and Commerce of the House of Representatives (A) an evaluation of the effectiveness of the Commission in achieving the purposes under section 4(b); (B) recommended reforms to strengthen the Commission; and (C) a recommendation regarding whether the Commission should continue in effect. (b) Membership The independent panel established under subsection (a) shall consist of 10 members, of whom— (1) 2 shall be appointed by the President; (2) 2 shall be appointed by the majority leader of the Senate; (3) 2 shall be appointed by the minority leader of the Senate; (4) 2 shall be appointed by the Speaker of the House of Representatives; and (5) 2 shall be appointed by the minority leader of the House of Representatives. 20. Authorization of appropriations There are authorized to be appropriated to the Commission to carry out the functions of the Commission— (1) $100,000,000 for fiscal year 2023; (2) $200,000,000 for fiscal year 2024; (3) $300,000,000 for fiscal year 2025; (4) $450,000,000 for fiscal year 2026; and (5) $500,000,000 for each of fiscal years 2027 through 2032.
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Digital Platform Commission Act of 2023
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Protecting Access to Ground Ambulance Medical Services Act of 2023 This bill extends a specialized rate increase for Medicare payment of ground ambulance services in rural areas for an additional three years (until January 1, 2028) and provides for a higher rate increase for services furnished between January 1, 2025, and January 1, 2028.
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118 S1673 IS: Protecting Access to Ground Ambulance Medical Services Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1673 IN THE SENATE OF THE UNITED STATES May 18, 2023 Ms. Cortez Masto Ms. Collins Ms. Stabenow Mr. Cassidy Committee on Finance A BILL To amend title XVIII to protect patient access to ground ambulance services under the Medicare program. 1. Short title This Act may be cited as the Protecting Access to Ground Ambulance Medical Services Act of 2023 2. Protecting patient access to Medicare ground ambulance services (a) Super rural ambulance Section 1834(l)(12)(A) of the Social Security Act ( 42 U.S.C. 1395m(l)(12)(A) (1) in the first sentence, by striking 2025 2028 (2) by adding at the end the following new sentence: In the case of services furnished on or after January 1, 2025, and before January 1, 2028, such percent increase shall be 26.7 percent. (b) Ground ambulance Section 1834(l)(13)(A) of the Social Security Act ( 42 U.S.C. 1395m(l)(13)(A) (1) in the matter preceding clause (i), by striking 2025 2028 (2) in clause (i), by inserting , or 4.3 percent if such service is furnished on or after January 1, 2025, and before January 1, 2028 2025 (3) in clause (ii), by inserting , or 3.4 percent if such service is furnished on or after January 1, 2025, and before January 1, 2028 2025
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Protecting Access to Ground Ambulance Medical Services Act of 2023
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RTCP Revitalization Act This bill amends the Department of Agriculture (USDA) Reimbursement Transportation Cost Payment Program (RTCP) to provide specified funds for the RTCP through FY2029 and each fiscal year thereafter. The RTCP provides reimbursement payments for geographically disadvantaged farmers and ranchers (e.g., those in Hawaii and Alaska) for a portion of the cost to transport agricultural commodities or inputs used to produce an agricultural commodity. The bill also removes a $15 million payment cap for any given fiscal year. Further, USDA may not impose a limitation on the amount of producer payments for any fiscal year that the program funds are equal to or exceed demand.
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118 S1676 IS: RTCP Revitalization Act U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1676 IN THE SENATE OF THE UNITED STATES May 18, 2023 Ms. Hirono Mr. Sullivan Mr. Schatz Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food, Conservation, and Energy Act of 2008 to provide mandatory funding from the Commodity Credit Corporation for reimbursement payments to geographically disadvantaged farmers and ranchers, and for other purposes. 1. Short title This Act may be cited as the RTCP Revitalization Act 2. Commodity Credit Corporation funding for geographically disadvantaged farmers and ranchers Section 1621 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8792 (1) in subsection (b), by striking Subject to the availability of funds under subsection (d), the Secretary The Secretary (2) in subsection (c)(3), by striking subparagraph (B) and inserting the following: (B) Payment limitations The Secretary may not impose a limitation on the amount of payments received by a geographically disadvantaged farmer or rancher under this section for any fiscal year in which the amount made available for payments under this section is equal to or greater than the amount that may be provided in accordance with this section with respect to applications received by the Secretary for that fiscal year. ; and (3) in subsection (d), by striking the subsection designation and heading and all that follows through There are (d) Funding (1) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section— (A) $10,000,000 for fiscal year 2024; (B) $11,000,000 for fiscal year 2025; (C) $12,000,000 for fiscal year 2026; (D) $13,000,000 for fiscal year 2027; (E) $14,000,000 for fiscal year 2028; and (F) $15,000,000 for fiscal year 2029 and each fiscal year thereafter. (2) Authorization of appropriations There are .
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RTCP Revitalization Act
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Democracy Restoration Act of 2023 This bill addresses the voting rights of individuals convicted of a criminal offense and the restoration of their voting rights. First, the bill declares that the right of a U.S. citizen to vote in any election for federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence. Further, the bill provides for enforcement of, and remedies for violations of, the bill. In addition, it sets forth requirements for state and federal notification of individuals of the restoration of their voting rights. Finally, the bill prohibits federal funding of construction or improvement of a place of incarceration unless U.S. citizens incarcerated in that jurisdiction are notified, upon release, of their voting rights.
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118 S1677 IS: Democracy Restoration Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1677 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Cardin Mr. Schatz Mr. Padilla Mr. Casey Mrs. Feinstein Ms. Warren Mr. Markey Mr. Menendez Ms. Smith Mr. Welch Ms. Baldwin Mr. Booker Mr. Blumenthal Ms. Klobuchar Mr. Sanders Mrs. Murray Mr. Wyden Mr. Van Hollen Ms. Hirono Mrs. Shaheen Mr. Kaine Mr. Brown Mr. Durbin Committee on the Judiciary A BILL To secure the Federal voting rights of persons when released from incarceration. 1. Short title This Act may be cited as the Democracy Restoration Act of 2023 2. Findings Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the United States Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas in which discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections— (A) the lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives; (B) laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) State disenfranchisement laws vary widely. Two States (Maine and Vermont) and the Commonwealth of Puerto Rico do not disenfranchise individuals with criminal convictions at all. In 2020, the District of Columbia re-enfranchised its citizens who are under the supervision of the Federal Bureau of Prisons. Twenty-five States disenfranchise certain individuals on felony probation or parole. During 2023, lawmakers in Minnesota and New Mexico expanded voting rights to citizens on felony probation and parole. In 11 States, a conviction for certain offenses can result in lifetime disenfranchisement. (6) Several States deny the right to vote to individuals convicted of certain misdemeanors. (7) In 2022, over 4,600,000 citizens of the United States, or about 1 in 50 adults in the United States, could not vote as a result of a felony conviction. Of the 4,600,000 citizens barred from voting then, only 23 percent were in prison or jail. By contrast, 75 percent of persons disenfranchised then resided in their communities while on probation or parole or after having completed their sentences. Approximately 2,200,000 citizens who had completed their sentences were disenfranchised due to restrictive State laws. Over 930,000 Floridians who completed their sentence remain disenfranchised because of a pay-to-vote requirement that was enacted by Florida lawmakers in 2019 to undermine the impact of a 2018 ballot initiative that eliminated the lifetime ban for persons with certain felony convictions. In 3 States—Alabama, Mississippi, and Tennessee—more than 8 percent of the total population is disenfranchised. (8) In those States that disenfranchise individuals post-sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals sometimes must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Financial restrictions may also inhibit individuals who have completed their sentences from re-enfranchisement. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (9) Many felony disenfranchisement laws today derive directly from post-Civil War efforts to stifle the Fourteenth and Fifteenth Amendments. Between 1865 and 1880, at least 14 States—Alabama, Arkansas, Colorado, Florida, Georgia, Illinois, Mississippi, Missouri, Nebraska, New York, North Carolina, South Carolina, Tennessee, and Texas—enacted or expanded their felony disenfranchisement laws. One of the primary goals of these laws was to prevent African Americans from voting. Of the States that enacted or expanded their felony disenfranchisement laws during this post-Civil War period, at least 11 continue to preclude persons on felony probation or parole from voting. (10) State disenfranchisement laws disproportionately impact racial and ethnic minorities. In recent years, African Americans have been imprisoned at over 5 times the rate of Whites. More than 6 percent of the voting-age African-American population, or 1,800,000 African Americans, are disenfranchised due to a felony conviction. In 9 States—Alabama (16 percent), Arizona (13 percent), Florida (15 percent), Kentucky (15 percent), Mississippi (16 percent), South Dakota (14 percent), Tennessee (21 percent), Virginia (16 percent), and Wyoming (36 percent)—more than 1 in 8 African Americans are unable to vote because of a felony conviction, twice the national average for African Americans. (11) Latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. Although data on ethnicity in correctional populations are unevenly reported and undercounted in some States, a conservative estimate is that at least 506,000 Latino Americans or 1.7 percent of the voting-age population are disenfranchised. More than 2 percent of the voting-age Latino population, or 560,000 Latinos, are disenfranchised due to a felony conviction. In 31 States Latinos are disenfranchised at a higher rate than the general population. In Arizona and Tennessee over 6 percent of Latino voters are disenfranchised due to a felony conviction. (12) Women have been significantly impacted by mass incarceration since the early 1980s. Approximately 1,000,000 women were disenfranchised in 2022, comprising over 20 percent of the total disenfranchised population. (13) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. Models of successful re-entry for persons convicted of a crime emphasize the importance of community ties, feeling vested and integrated, and prosocial attitudes. Individuals with criminal convictions who succeed in avoiding recidivism are typically more likely to see themselves as law-abiding members of the community. Restoration of voting rights builds those qualities and facilitates reintegration into the community. That is why allowing citizens with criminal convictions who are living in a community to vote is correlated with a lower likelihood of recidivism. Restoration of voting rights thus reduces violence and protects public safety. (14) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. (15) The United States is one of the only Western democracies that permits the permanent denial of voting rights for individuals with felony convictions. (16) The Eighth Amendment’s prohibition on cruel and unusual punishments guarantees individuals the right not to be subjected to excessive sanctions. that punishment for crime should be graduated and proportioned to [the] offense. [t]he concept of proportionality is central to the Eighth Amendment. (17) The Twenty-Fourth Amendment provides that the right to vote shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. other tax 3. Rights of citizens The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. 4. Enforcement (a) Attorney general The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private right of action (1) In general A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Relief Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. 5. Notification of restoration of voting rights (a) State notification (1) Notification On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2023 (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal notification (1) Notification Any individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with paragraph (2) that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2023 (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given— (i) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (ii) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. 6. Definitions For purposes of this Act: (1) Correctional institution or facility The term correctional institution or facility (2) Election The term election (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office The term Federal office (4) Probation The term probation (A) the individual’s freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. 7. Relation to other laws (a) State laws relating to voting rights Nothing in this Act shall be construed to prohibit any State from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Certain Federal Acts The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. 52 U.S.C. 20501 52 U.S.C. 20901 et seq. 8. Federal prison funds No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that State, unit of local government, or person— (1) is in compliance with section 3; and (2) has in effect a program under which each individual incarcerated in that person’s jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual’s rights under section 3. 9. Effective date This Act shall apply to citizens of the United States voting in any election for Federal office held on or after the date of the enactment of this Act.
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Democracy Restoration Act of 2023
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VET-TEC Authorization Act of 2023 This bill requires the Department of Veterans Affairs (VA) to implement through FY2028 a program under which it provides up to 6,000 covered individuals per year the opportunity to enroll in high technology programs of education that provide non-degree training or skills related to computer programming, media application, data processing, or information sciences. A covered individual is a veteran who (1) the VA determines is under the age of 62, served an aggregate of at least 36 months on active duty, and was discharged or released from service under conditions other than dishonorable; or (2) will satisfy such requirements in fewer than 180 days after the VA's determination. In administering the program, the VA must provide assistance to covered individuals in amounts equal to those provided to Post-9/11 GI Bill recipients who are pursuing a degree on more than a half-time basis. The VA must seek to enter into contracts with any number of qualified providers of high technology programs of education and pay such providers a specified percentage of the tuition and other fees for each enrolled individual. If a covered individual has remaining entitlement to other VA educational assistance, entitlement under this program must be charged at the rate of one month of that remaining entitlement for each month of assistance under this program. Finally, the bill extends certain loan fee rates through March 31, 2032, under the VA's home loan program.
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115 S1678 IS: VET–TEC Authorization Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1678 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. King Mr. Cramer Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to reauthorize the high technology program of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the VET–TEC Authorization Act of 2023 2. Department of Veterans Affairs high technology program (a) High technology program (1) In general Chapter 36 3699C. High technology program (a) Establishment (1) The Secretary shall carry out a program under which the Secretary provides covered individuals with the opportunity to enroll in high technology programs of education that the Secretary determines provide training or skills sought by employers in a relevant field or industry. (2) Not more than 6,000 covered individuals may participate in the program under this section in any fiscal year. (b) Amount of assistance (1) The Secretary shall provide, to each covered individual who pursues a high technology program of education under this section, educational assistance in amounts equal to the amounts provided under section 3313(c)(1) of this title, including with respect to the housing stipend described in that section and in accordance with the treatment of programs that are distance learning and programs that are less than half-time. (2) Under paragraph (1), the Secretary shall provide such amounts of educational assistance to a covered individual for each of the following: (A) A high technology program of education. (B) A second such program if— (i) the second such program begins at least 18 months after the covered individual graduates from the first such program; and (ii) the covered individual uses educational assistance under chapter 33 of this title to pursue the second such program. (c) Contracts (1) For purposes of carrying out subsection (a), the Secretary shall seek to enter into contracts with any number of qualified providers of high technology programs of education for the provision of such programs to covered individuals. Each such contract shall provide for the conditions under which the Secretary may terminate the contract with the provider and the procedures for providing for the graduation of students who were enrolled in a program provided by such provider in the case of such a termination. (2) A contract under this subsection shall provide that the Secretary shall pay to a provider— (A) upon the enrollment of a covered individual in the program, 25 percent of the cost of the tuition and other fees for the program of education for the individual; (B) upon graduation of the individual from the program, 25 percent of such cost; and (C) 50 percent of such cost upon— (i) the successful employment of the covered individual for a period— (I) of 180 days in the field of study of the program; and (II) that begins not later than 180 days following graduation of the covered individual from the program; (ii) the employment of the individual by the provider for a period of one year; or (iii) the enrollment of the individual in a program of education to continue education in such field of study. (3) For purposes of this section, a provider of a high technology program of education is qualified if— (A) the provider employs instructors whom the Secretary determines are experts in their respective fields in accordance with paragraph (5); (B) the provider has successfully provided the high technology program for at least one year; (C) the provider does not charge tuition and fees to a covered individual who receives assistance under this section to pursue such program that are higher than the tuition and fees charged by such provider to another individual; and (D) the provider meets the approval criteria developed by the Secretary under paragraph (4). (4) (A) The Secretary shall prescribe criteria for approving providers of a high technology program of education under this section. (B) In developing such criteria, the Secretary may consult with State approving agencies. (C) Such criteria are not required to meet the requirements of section 3672 of this title. (D) Such criteria shall include the job placement rate, in the field of study of a program of education, of covered individuals who complete such program of education. (5) The Secretary shall determine whether instructors are experts under paragraph (3)(A) based on evidence furnished to the Secretary by the provider regarding the ability of the instructors to— (A) identify professions in need of new employees to hire, tailor the programs to meet market needs, and identify the employers likely to hire graduates; (B) effectively teach the skills offered to covered individuals; (C) provide relevant industry experience in the fields of programs offered to incoming covered individuals; and (D) demonstrate relevant industry experience in such fields of programs. (6) In entering into contracts under this subsection, the Secretary shall give preference to a provider of a high technology program of education— (A) from which at least 70 percent of graduates find full-time employment in the field of study of the program during the 180-day period beginning on the date the student graduates from the program; or (B) that offers tuition reimbursement for any student who graduates from such a program and does not find employment described in subparagraph (A). (d) Effect on other entitlement (1) If a covered individual enrolled in a high technology program of education under this section has remaining entitlement to educational assistance under chapter 30, 32, 33, 34, or 35 of this title, entitlement of the individual to educational assistance under this section shall be charged at the rate of one month of such remaining entitlement for each such month of educational assistance under this section. (2) The Secretary may not consider enrollment in a high technology program of education under this section to be assistance under a provision of law referred to in section 3695 of this title. (e) Requirements for educational institutions (1) The Secretary shall not approve the enrollment of any covered individual, not already enrolled, in any high technology programs of education under this section for any period during which the Secretary finds that more than 85 percent of the students enrolled in the program are having all or part of their tuition, fees, or other charges paid to or for them by the educational institution or by the Department of Veterans Affairs under this title or under chapter 1606 or 1607 of title 10, except with respect to tuition, fees, or other charges that are paid under a payment plan at an educational institution that the Secretary determines has a history of offering payment plans that are completed not later than 180 days after the end of the applicable term, quarter, or semester. (2) The Secretary may waive a requirement of paragraph (1) if the Secretary determines, pursuant to regulations which the Secretary shall prescribe, such waiver to be in the interest of the covered individual and the Federal Government. Not later than 30 days after the Secretary waives such a requirement, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding such waiver. (3) (A) (i) The Secretary shall establish and maintain a process by which an educational institution may request a review of a determination that the educational institution does not meet the requirements of paragraph (1). (ii) The Secretary may consult with a State approving agency regarding such process or such a review. (iii) Not later than 180 days after the Secretary establishes or revises a process under this subparagraph, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding such process. (B) An educational institution that requests a review under subparagraph (A)— (i) shall request the review not later than 30 days after the start of the term, quarter, or semester for which the determination described in subparagraph (A) applies; and (ii) may include any information that the educational institution believes the Department should have taken into account when making the determination, including with respect to any mitigating circumstances. (f) Annual reports Not later than one year after the date of the enactment of this section, and annually thereafter until the termination date specified in subsection (i), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the operation of programs under this section during the year covered by the report. Each such report shall include each of the following: (1) The number of covered individuals enrolled in the program, disaggregated by type of educational institution, during the year covered by the report. (2) The number of covered individuals who completed a high technology program of education under the program during the year covered by the report. (3) The average employment rate of covered individuals who completed such a program of education during such year, as of 180 days after the date of completion. (4) The average length of time between the completion of such a program of education and employment. (5) The total number of covered individuals who completed a program of education under the program and who, as of the date of the submission of the report, are employed in a position related to technology. (6) The average salary of a covered individual who completed a program of education under the program and who is employed in a position related to technology, in various geographic areas determined by the Secretary. (7) The average salary of all individuals employed in positions related to technology in the geographic areas determined under subparagraph (F), and the difference, if any, between such average salary and the average salary of a covered individual who completed a program of education under the program and who is employed in a position related to technology. (8) The number of covered individuals who completed a program of education under the program and who subsequently enrolled in a second program of education under the program. (g) Collection of information; consultation (1) The Secretary shall develop practices to use to collect information about covered individuals and providers of high technology programs of education. (2) For the purpose of carrying out program under this section, the Secretary may consult with providers of high technology programs of education and may establish an advisory group made up of representatives of such providers, private employers in the technology field, and other relevant groups or entities, as the Secretary determines necessary. (h) Definitions In this section: (1) The term covered individual (A) A veteran whom the Secretary determines— (i) served an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training) and was discharged or released therefrom under conditions other than dishonorable; and (ii) has not attained the age of 62. (B) A member of the Armed Forces that the Secretary determines will become a veteran described in subparagraph (A) fewer than 180 days after the date of such determination. (2) The term high technology program of education (A) offered by a public or private educational institution; (B) if offered by an institution of higher learning, that is provided directly by such institution rather than by an entity other than such institution under a contract or other agreement; (C) that does not lead to a degree; (D) that has a term of not less than six and not more than 28 weeks; and (E) that provides instruction in computer programming, computer software, media application, data processing, or information sciences. (i) Termination The authority to carry out a program under this section shall terminate on September 30, 2028. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3699B the following new item: 3699C. High technology program. . (b) Effect on high technology pilot program Section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 ( Public Law 115–48 38 U.S.C. 3001 (1) in subsection (g), by striking paragraph (6); and (2) by striking subsection (h) and inserting the following new subsection (h): (h) Termination The authority to carry out a pilot program under this section shall terminate on September 30, 2023. . (c) Approval of certain high technology programs Section 3680A of title 38, United States Code, is amended— (1) in subsection (a), by striking paragraph (4) and inserting the following: (4) Any independent study program except— (A) an independent study program (including such a program taken over open circuit television) that— (i) is accredited by an accrediting agency or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1099b (ii) leads to— (I) a standard college degree; (II) a certificate that reflects educational attainment offered by an institution of higher learning; or (III) a certificate that reflects graduation from a course of study offered by— (aa) an area career and technical education school (as defined in subparagraphs (C) and (D) of section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(3) (bb) a postsecondary vocational institution (as defined in section 102(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(c) (iii) in the case of a program described in clause (ii)(III)— (I) provides training aligned with the requirements of employers in the State or local area where the program is located, which may include in-demand industry sectors or occupations; (II) provides a student, upon graduation from the program, with a recognized postsecondary credential that is recognized by employers in the relevant industry, which may include a credential recognized by industry or sector partnerships in the State or local area where the industry is located; and (III) meets such content and instructional standards as may be required to comply with the criteria under sections 3676(c)(14) and (15) of this title; or (B) an online high technology program of education (as defined in subsection (h)(2) of section 3699C of this title)— (i) the provider of which has entered into a contract with the Secretary under subsection (c) of such section; (ii) that has been provided to covered individuals (as defined in subsection (h)(1) of such section) under such contract for a period of at least five years; (iii) regarding which the Secretary has determined that the average employment rate of covered individuals who graduated from such program of education is 65 percent or higher for the year preceding such determination; and (iv) that satisfies the requirements of subsection (e) of such section. ; and (2) in subsection (d), by adding at the end the following: (8) Paragraph (1) shall not apply to the enrollment of a veteran in an online high technology program described in subsection (a)(4)(B). . (d) Effective date The amendments made by subsections (a) and (c) shall take effect on October 1, 2023. 3. Department of Veterans Affairs housing loan fees The loan fee table in section 3729(b)(2) of title 38, United States Code, is amended by striking November 14, 2031 March 31, 2032
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VET–TEC Authorization Act of 2023
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Stop Tax Penalties on American Hostages Act This bill postpones certain tax filing deadlines for U.S. nationals and their spouses who are unlawfully or wrongfully detained abroad or held hostage abroad. It also allows for reimbursement and abatement of penalties and fines paid by detained individuals.
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118 S1679 IS: Stop Tax Penalties on American Hostages Act U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1679 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Coons Mr. Rounds Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to postpone tax deadlines and reimburse paid late fees for United States nationals who are unlawfully or wrongfully detained or held hostage abroad, and for other purposes. 1. Short title This Act may be cited as the Stop Tax Penalties on American Hostages Act 2. Postponement of tax deadlines for hostages and individuals wrongfully detained abroad (a) In general Chapter 77 7511. Time for performing certain acts postponed for hostages and individuals wrongfully detained abroad (a) In general Any applicable individual shall be entitled to the benefits of section 7508 in the same manner as if such individual was performing services described in subsection (a) of such section for any period in which such individual was— (1) unlawfully or wrongfully detained abroad, or (2) held hostage abroad. (b) Applicable individual (1) In general For purposes of this section, the term applicable individual (A) included on the list of United States nationals unlawfully or wrongfully detained that is included in the annual report required under section 302(c) of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741(c) (B) a United States national taken hostage abroad, as determined in a manner consistent with the findings of the Hostage Recovery Fusion Cell (as described in section 304 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741b (2) Information provided to Treasury For purposes of identifying individuals described in paragraph (1), not later than January 1, 2024, and annually thereafter— (A) the Secretary of State shall provide the Secretary with the report described in paragraph (1)(A), as well as any other information necessary to identify the individuals described in such report, and (B) the Attorney General, acting through the Hostage Recovery Fusion Cell, shall provide the Secretary with a list of the individuals described in paragraph (1)(B), as well as any other information necessary to identify such individuals. (c) Application to spouse The provisions of this section shall apply to the spouse of any individual entitled to the benefits of subsection (a). . (b) Clerical amendment The table of sections for chapter 77 Sec. 7511. Time for performing certain acts postponed for hostages and individuals wrongfully detained abroad. . (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of enactment of this Act. 3. Reimbursement and abatement of penalties and fines paid by eligible individuals (a) In general (1) Establishment Not later than January 1, 2024, the Secretary (in consultation with the Secretary of State and the Attorney General) shall establish a program to allow any eligible individual (or the spouse or any dependent (as defined in section 152 (2) Notice For purposes of carrying out the program described in paragraph (1), the Secretary (in consultation with the Secretary of State and the Attorney General) shall, with respect to any individual identified under subsection (c), provide notice to such individual— (A) in the case of an individual who has been released on or before the date of enactment of this Act, not later than 90 days after the date of enactment of this Act; or (B) in the case of an individual who is released after the date of enactment of this Act, not later than 90 days after the date on which such individual is released, that such individual may be eligible for reimbursement of any amount described in subsection (b) pursuant to the program described in paragraph (1). (3) Authorization (A) In general Subject to subparagraph (B), in the case of any reimbursement described in paragraph (1), the Secretary shall issue such reimbursement to the eligible individual in the same manner as any refund of an overpayment of tax. (B) Extension of limitation on time for reimbursement With respect to any reimbursement under paragraph (1)— (i) the 3-year period of limitation prescribed by section 6511(a) (ii) any limitation under section 6511(b)(2) of such Code shall not apply. (b) Eligible individual For purposes of this section, the term eligible individual section 7511(b)(1) section 7508(a) (c) Identification of individuals Not later than January 1, 2024, the Secretary of State and the Attorney General, acting through the Hostage Recovery Fusion Cell (as described in section 304 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741b (1) compile a list, based on such information as is available, of United States nationals who, during the applicable period— (A) were included on the list described in section 7511(b)(1)(A) (B) the Attorney General determined, based on credible information, were taken hostage abroad; and (2) provide the list described in paragraph (1) to the Secretary. (d) Applicable period For purposes of this section, the term applicable period (1) beginning on January 1, 2021; and (2) ending on the date of enactment of this Act. (e) Secretary For purposes of this section, the term Secretary
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Stop Tax Penalties on American Hostages Act
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Uranium Miners and Workers Act of 2023 This bill extends and expands eligibility for the Radiation Exposure Compensation Program. This program compensates individuals who were exposed to radiation while employed in uranium mining operations and subsequently developed qualifying medical conditions. Specifically, the bill extends the fund that supports the program for the four years following the enactment of the bill. (The fund currently terminates on June 7, 2024.) It also transfers to the fund a specified amount of unobligated funding appropriated for the COVID-19 response. In addition, the bill expands eligibility for the program in multiple ways. Current law limits eligibility to individuals who were employed between January 1, 1942, and December 31, 1971, as uranium miners, millers, or ore transporters. The bill expands the program by (1) making those employed through December 31, 1978, and those employed as core drillers eligible; and (2) providing compensation for kidney cancers and other chronic kidney diseases to all individuals eligible for the program.
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101 S1681 IS: Uranium Miners and Workers Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1681 IN THE SENATE OF THE UNITED STATES May 18, 2023 Ms. Lummis Committee on Finance A BILL To amend the Radiation Exposure Compensation Act with respect to claims relating to uranium mining. 1. Short title This Act may be cited as the Uranium Miners and Workers Act of 2023 2. Claims relating to uranium mining (a) In general Subparagraph (A) of section 5(a)(1) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (A) that individual— (i) was employed— (I) in a uranium mine or uranium mill (including any individual who was employed in the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Arizona, Colorado, Idaho, New Mexico, North Dakota, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, or any other State for which the Attorney General makes a determination for inclusion of eligibility; and (II) at any time during the period beginning on January 1, 1942, and ending on December 31, 1978; and (ii) (I) was a miner exposed to 40 or more working level months of radiation or worked for at least 1 year during the period described under clause (i)(II) and submits written medical documentation that the individual, after that exposure, developed lung cancer, a nonmalignant respiratory disease, renal cancer, or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or (II) was a miller, ore transporter, or core driller who worked for at least 1 year during the period described under clause (i)(II) and submits written medical documentation that the individual, after that exposure, developed lung cancer, a nonmalignant respiratory disease, renal cancer, or any other chronic renal disease, including nephritis and kidney tubal tissue injury; . (b) Transfer of funds For individuals who are eligible for payments described in subparagraph (A) of section 5(a)(1) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 (1) The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 (2) The Families First Coronavirus Response Act ( Public Law 116–127 (3) The CARES Act ( Public Law 116–136 (4) The Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 (5) Divisions M and N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (6) The American Rescue Plan Act of 2021 ( Public Law 117–2 (7) An amendment made by a provision of law described in any of paragraphs (1) through (6). 3. Reauthorization of the Radiation Exposure Compensation Act (a) In general Section 3(d) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 The Fund shall terminate on the date that is 4 years after the date of enactment of the Uranium Miners and Workers Act of 2023. (b) Limitation on claims Section 8(a) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 not later than 2 years after the date of enactment of the RECA Extension Act of 2022 not later than 4 years after the date of enactment of the Uranium Miners and Workers Act of 2023
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Uranium Miners and Workers Act of 2023
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Kids Fly Safe Act This bill requires the Federal Aviation Administration to conduct a comprehensive study on child safety in aviation in consultation with Department of Health and Human Services, the Food and Drug Administration, the Consumer Product Safety Commission, and the Transportation Security Administration. The study must evaluate issues that include the usage and aircraft compatibility of age-appropriate child safety seats and restraints, procedures for evacuating children safely and efficiently from aircraft, the extent to which airport terminal design requirements include measures to ensure the general physical safety of children in the terminal and while on airport property, and the extent to which airport and airline policies protect children from contagious diseases or in-flight respiratory issues.
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118 S1683 IS: Kids Fly Safe Act U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1683 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Ossoff Committee on Commerce, Science, and Transportation A BILL To require the Administrator of the Federal Aviation Administration to conduct a comprehensive study on child safety in aviation. 1. Short title This Act may be cited as the Kids Fly Safe Act 2. Study and report on child safety in aviation (a) Study The Administrator of the Federal Aviation Administration (in this section referred to as the Administrator (1) The usage and aircraft compatibility of age-appropriate child safety seats and restraints, including the different passenger safety and restraint needs of infants, toddlers, and older children with aircraft passenger seating. (2) The procedures for evacuation of children safely and efficiently from a transport category airplane and the extent to which new or revised age-appropriate requirements are needed. (3) Protection of strollers, child seats, and other child safety equipment while in an aircraft cargo hold. (4) Taking into account other evaluations of airports for compliance with the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 794 (5) The extent to which airport terminal design requirements include measures relating to ensuring the general physical safety of children in the terminal and while on airport property. (6) The extent to which airport and airline policies protect children from contagious diseases or in-flight respiratory issues. (7) The extent to which the revised training required by section 1950 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 44901 (b) Report Not later than 180 after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation as the Administrator determines appropriate.
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Kids Fly Safe Act
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Forest Service Flexible Housing Partnerships Act of 2023 This bill reauthorizes through FY2028 and modifies the authority of the Forest Service to lease its administrative sites. The Forest Service may accept services occurring off of the administrative site as consideration for a lease. The Forest Service may lease an administrative site for up to 100 years, and leases must provide for renewal.
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115 S1693 IS: Forest Service Flexible Housing Partnerships Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1693 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Bennet Mr. Daines Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agriculture Improvement Act of 2018 to reauthorize Forest Service flexible partnerships. 1. Short title This Act may be cited as the Forest Service Flexible Housing Partnerships Act of 2023 2. Findings Congress finds that— (1) housing is a challenge nationwide, especially in areas within or adjacent to forests; and (2) the Forest Service is a critical partner in addressing housing needs for— (A) individuals in areas described in paragraph (1); and (B) Forest Service employees. 3. Authorization for lease of Forest Service sites Section 8623 of the Agriculture Improvement Act of 2018 ( 16 U.S.C. 580d Public Law 115–334 (1) in subsection (a)(2)(D), by striking dwelling; dwelling or multiunit dwelling; (2) in subsection (e)— (A) in paragraph (3)(B)(ii)— (i) in subclause (I), by inserting such as housing, improvements, (ii) in subclause (II), by striking and (iii) in subclause (III), by striking or and (iv) by adding at the end the following: (IV) services occurring off of the administrative site— (aa) that— (AA) occur on the unit of the National Forest System in which the administrative site is located; or (BB) benefit the National Forest System; and (bb) that support activities occurring within the unit of the National Forest System in which the administrative site is located; or ; and (B) by adding at the end the following: (6) Lease term (A) In general The term of a lease of an administrative site under this section shall be up to 100 years. (B) Renewal A lease of an administrative site under this section shall include a provision for renewal of the lease if the use of the administrative site, at the time of renewal, is in accordance with this section. ; and (3) in subsection (i), by striking 2023 2028
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Forest Service Flexible Housing Partnerships Act of 2023
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Federal Insurance Office Abolishment Act of 2023 This bill eliminates the Federal Insurance Office (FIO) within the Department of the Treasury. The bill also removes the FIO director as a nonvoting member of the Financial Stability Oversight Council.
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118 S1694 IS: Federal Insurance Office Abolishment Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1694 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Cruz Mr. Braun Committee on Banking, Housing, and Urban Affairs A BILL To abolish the Federal Insurance Office of the Department of the Treasury, and for other purposes. 1. Short title This Act may be cited as the Federal Insurance Office Abolishment Act of 2023 2. Abolishment of Federal Insurance Office (a) In general The Federal Insurance Office of the Department of the Treasury, and the position of the Director of the Federal Insurance Office, are hereby abolished. (b) Amendment Title 31, United States Code, is amended— (1) by striking section 313; and (2) in the table of sections for subchapter I of chapter 3, by striking the item relating to section 313. (c) Treasury authority This section, and the amendment made by this section, may not be construed to repeal or otherwise limit any authority of the Secretary of the Treasury with respect matters relating to insurance. 3. Related amendments (a) Dodd-Frank Wall Street Reform and Consumer Protection Act amendments The Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 et seq. (1) in section 111(b)(2) ( 12 U.S.C. 5321(b)(2) (A) by striking subparagraph (B); and (B) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; (2) in section 112 ( 12 U.S.C. 5322 (A) in subsection (a)(2)(A), by striking member agencies, other Federal and State financial regulatory agencies, the Federal Insurance Office member agencies and other Federal and State financial regulatory agencies (B) in subsection (d)— (i) in paragraph (1), in the matter preceding subparagraph (A), by striking the Office of Financial Research, member agencies, and the Federal Insurance Office the Office of Financial Research and member agencies (ii) in paragraph (2), by striking , any member agency, and the Federal Insurance Office, and any member agency (3) in section 165(i) ( 12 U.S.C. 5365(i) (A) in paragraph (1)(A), by striking and the Federal Insurance Office and the Secretary of the Treasury (B) in paragraph (2)(C), in the matter preceding clause (i), by striking and the Federal Insurance Office and the Secretary of the Treasury (4) in section 203(a)(1)(C) ( 12 U.S.C. 5383(a)(1)(C) (A) in the first sentence— (i) by striking the Director of the Federal Insurance Office and (ii) by striking on their own initiative on the initiative of the Board of Governors (B) in the second sentence, by striking and the affirmative approval of the Director of the Federal Insurance Office (b) Economic Growth, Regulatory Relief, and Consumer Protection Act amendments Section 211(a) of the Economic Growth, Regulatory Relief, and Consumer Protection Act ( 31 U.S.C. 313 (1) in paragraph (1), by striking the Secretary of the Treasury, Board of Governors of the Federal Reserve System, and Director of the Federal Insurance Office the Secretary of the Treasury and the Board of Governors of the Federal Reserve System (2) in paragraph (2), by striking the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and the Director of the Federal Insurance Office the Secretary of the Treasury and the Board of Governors of the Federal Reserve System
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Federal Insurance Office Abolishment Act of 2023
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American Infrastructure Bonds Act of 2023 This bill allows the issuer of an American infrastructure bond a tax credit for 28% of the interest payable under such bond.
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118 S1695 IS: American Infrastructure Bonds Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1695 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Wicker Mr. Bennet Mrs. Britt Mr. Coons Ms. Cortez Masto Mr. Kaine Mr. Kelly Ms. Stabenow Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a credit to issuers of American infrastructure bonds. 1. Short title This Act may be cited as the American Infrastructure Bonds Act of 2023 2. Credit for American infrastructure bonds allowed to issuers (a) In general Subchapter B of chapter 65 6431. Credit to issuer of american infrastructure bonds (a) In general The issuer of an American infrastructure bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b). (b) Payment of credit (1) In general The Secretary shall pay (contemporaneously with each interest payment date under such bond) to the issuer of such bond (or to any person who makes such interest payments on behalf of the issuer) 28 percent of the interest payable under such bond on such date. (2) Interest payment date For purposes of this subsection, the term interest payment date (c) American infrastructure bond (1) In general For purposes of this section, the term American infrastructure bond (A) the interest on such obligation would (but for this section) be excludable from gross income under section 103, (B) the obligation is not a private activity bond, and (C) the issuer makes an irrevocable election to have this section apply. (2) Applicable rules For purposes of applying paragraph (1)— (A) for purposes of section 149(b), a bond shall not be treated as federally guaranteed by reason of the credit allowed under this section, and (B) a bond shall not be treated as an American infrastructure bond if the issue price has more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the bond. (d) Special rules (1) Interest on American infrastructure bonds includible in gross income for Federal income tax purposes For purposes of this title, interest on any American infrastructure bond shall be includible in gross income. (2) Application of arbitrage rules For purposes of section 148, the yield on an issue of American infrastructure bonds shall be reduced by the credit allowed under this section, except that no such reduction shall apply with respect to determining the amount of gross proceeds of an issue that qualifies as a reasonably required reserve or replacement fund. (e) Regulations The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section. . (b) Conforming amendments (1) The table of sections for subchapter B of chapter 65 of subtitle F of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6431. Credit to issuer of american infrastructure bonds. . (2) Subparagraph (A) of section 6211(b)(4) of such Code is amended by inserting 6431, 6428B, (c) Transitional coordination with state law Except as otherwise provided by a State after the date of the enactment of this Act, the interest on any American infrastructure bond (as defined in section 6431 (d) Adjustment to payment to issuers in case of sequestration (1) In general In the case of any payment under subsection (b) of section 6431 (A) such payment (determined before such sequestration), multiplied by (B) the quotient obtained by dividing the number 1 by the amount by which the number 1 exceeds the percentage reduction in such payment pursuant to such sequestration. (2) Sequestration For purposes of this subsection, the term sequestration (e) Effective date The amendments made by this section shall apply to obligations issued after the date of enactment of this Act.
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American Infrastructure Bonds Act of 2023
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Real Education and Access for Healthy Youth Act of 2023 This bill requires the Department of Health and Human Services (HHS) to establish grants to support sex education and sexual health services for young people (ages 10 through 29) and repeals requirements that apply to certain federally funded sex education programs. HHS must award grants, in coordination with the Department of Education, to (1) provide sex education to young people; and (2) train education professionals to effectively teach, and otherwise support, sex education. Sex education refers to high quality teaching and learning that follows, to the maximum extent practicable, specified educational standards; covers a variety of topics concerning sex and sexuality; explores values and beliefs about those topics; and helps young people gain skills to navigate relationships and manage sexual health. Additionally, HHS must award grants to youth-serving organizations and health care entities that are eligible to receive covered outpatient drugs at reduced prices through the 340B drug discount program for providing sexual health services to marginalized youth. Recipients of any of these grants must comply with certain nondiscrimination requirements. In addition, they may not use funds for sex education programs or sexual health services that provide incomplete or inaccurate medical information or fail to address specified issues. The bill also eliminates prohibitions regarding the content of specified federally funded sexual health education and information programs and repeals the Abstinence Only Until Marriage program.
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118 S1697 IS: Real Education and Access for Healthy Youth Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1697 IN THE SENATE OF THE UNITED STATES May 18, 2023 Ms. Hirono Mr. Booker Mr. Blumenthal Mr. Brown Ms. Duckworth Mr. Markey Mr. Menendez Mr. Merkley Mr. Murphy Mr. Padilla Ms. Smith Mr. Van Hollen Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To provide for the overall health and well-being of young people, including the promotion and attainment of lifelong sexual health and healthy relationships, and for other purposes. 1. Short title This Act may be cited as the Real Education and Access for Healthy Youth Act of 2023 2. Purpose and findings (a) Purpose The purpose of this Act is to provide young people with sex education and sexual health services that— (1) promote and uphold the rights of young people to information and services that empower them to make decisions about their bodies, health, sexuality, families, and communities in all areas of life; (2) are evidence-informed, comprehensive in scope, confidential, equitable, accessible, medically accurate and complete, age and developmentally appropriate, culturally responsive, trauma-informed and resilience-oriented, and align with the National Sex Education Standards of the Future of Sex Ed Initiative; (3) provide information about the prevention, treatment, and care of pregnancy, sexually transmitted infections, and interpersonal violence; (4) provide information about the importance of consent as a basis for healthy relationships and for autonomy in healthcare; (5) provide information on gender identity and gender expression; (6) provide information on the historical and current condition in which education and health systems, policies, programs, services, and practices have uniquely and adversely impacted Black, Indigenous, Latine, Asian American, Native Hawaiian, Pacific Islander, and other People of Color; and (7) redress inequities in the delivery of sex education and sexual health services to marginalized young people. (b) Findings Congress finds the following: (1) Young people need and have the right to sex education and sexual health services that are evidence-informed, comprehensive in scope, confidential, equitable, accessible, medically accurate and complete, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented. (2) Currently, there is a gap between the sex education that young people should be receiving based on expert standards and the sex education many actually receive. (3) Only 38 States and the District of Columbia mandate sex education or human immunodeficiency virus (HIV) education in schools. (4) When there is sex education or instruction regarding HIV or sexually transmitted infections (STI), 13 States do not require the content to be evidence-informed, medically accurate and complete, age and developmentally appropriate, or culturally responsive. (5) Many sex education programs and sexual health services currently available were not designed to and do not currently meet the needs of marginalized young people. Some such programs and services actually harm marginalized young people. (6) For marginalized young people, a lack of comprehensive in scope, confidential, equitable, and accessible sex education and sexual health services is not unfamiliar, but rather a longstanding manifestation of white supremacy, which has touched every aspect of our history, culture, and institutions, including the education and healthcare systems. (7) The development and delivery of sexual health education and sexual health services in the United States historically has been rooted in the oppression of Black, Indigenous, Latine, Asian American, Native Hawaiian, Pacific Islander, and other People of Color. (8) The United States has a long history of eugenics and forced sterilization. The sexual and reproductive rights and bodily autonomy of specific communities deemed undesirable defective (A) people with low incomes; (B) immigrants; (C) people with disabilities; (D) people living with HIV; (E) survivors of interpersonal violence; (F) people who are incarcerated, detained, or who otherwise have encountered the criminal-legal system; (G) Black, Indigenous, Latine, Asian American, and other People of Color; (H) people who are lesbian, gay, bisexual, transgender, and queer; and (I) young people who are pregnant and parenting. (9) Black young people are more likely to receive abstinence-only instruction. Research shows that abstinence-only instruction, also known as sexual risk avoidance (10) Black, Indigenous, and Latine young people are disproportionately more likely to be diagnosed with an STI, have an unintended pregnancy, or experience sexual assault. (11) The framework of Reproductive Justice acknowledges and aims to address the legacy of white supremacy, systemic oppression, and the restrictions on sex education and sexual health services that disproportionately impact marginalized communities. Reproductive Justice will be achieved when all people regardless of actual or perceived race, color, ethnicity, national origin, religion, immigration status, sex (including gender identity and sexual orientation), disability status, pregnancy or parenting status, or age have the power to make decisions about their bodies, health, sexuality, families, and communities in all areas of life. (12) Increased resources are required for sex education and sexual health services to reach all young people, redress inequities and their impacts on marginalized young people, and achieve Reproductive Justice for young people. (13) Such sex education and sexual health services should— (A) promote and uphold the rights of young people to information and services in order to make and exercise informed and responsible decisions about their sexual health; (B) be evidence-informed, comprehensive in scope, confidential, equitable, accessible, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented; (C) include instruction and materials that address— (i) puberty and adolescent development; (ii) sexual and reproductive anatomy and physiology; (iii) sexual orientation, gender identity, and gender expression; (iv) contraception, pregnancy, and reproduction; (v) HIV and other STIs; (vi) consent and healthy relationships; and (vii) interpersonal violence; (D) promote gender equity and be inclusive of young people with varying gender identities, gender expressions, and sexual orientations; (E) promote safe and healthy relationships; and (F) promote racial equity and be responsive to the needs of young people who are Black, Indigenous, and other People of Color. 3. Definitions In this Act: (1) Age and developmentally appropriate The term age and developmentally appropriate (2) Consent The term consent (3) Culturally responsive The term culturally responsive (A) embrace and actively engage and adjust to young people and their various cultural identities; (B) recognize the ways in which many marginalized young people face unique barriers in our society that result in increased adverse health outcomes and associated stereotypes; and (C) may address the ways in which racism has shaped national health care policy, the lasting historical trauma associated with reproductive health experiments and forced sterilizations of Black, Latine, and Indigenous communities, or sexual stereotypes assigned to young People of Color or LGBTQ+ people. (4) Evidence-informed The term evidence-informed (5) Gender expression The term gender expression (6) Gender identity The term gender identity (7) Inclusive The term inclusive (8) Institution of higher education The term institution of higher education 20 U.S.C. 1001 (9) Interpersonal violence The term interpersonal violence (10) Local educational agency The term local educational agency 20 U.S.C. 7801 (11) Marginalized young people The term marginalized young people (A) Black, Indigenous, Latine, Asian American, Native Hawaiian, Pacific Islander, and other People of Color; (B) immigrants; (C) in contact with the foster care system; (D) in contact with the juvenile justice system; (E) experiencing homelessness; (F) pregnant or parenting; (G) lesbian, gay, bisexual, transgender, or queer; (H) living with HIV; (I) living with disabilities; (J) from families with low-incomes; or (K) living in rural areas. (12) Medically accurate and complete The term medically accurate and complete (A) the information provided through the education is verified or supported by the weight of research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals, where applicable; or (B) the education contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. (13) Resilience The term resilience (14) Secretary The term Secretary (15) Sex education The term sex education (A) is delivered, to the maximum extent practicable, following the National Sexuality Education Standards of the Future of Sex Ed Initiative; (B) is about a broad variety of topics related to sex and sexuality, including— (i) puberty and adolescent development; (ii) sexual and reproductive anatomy and physiology; (iii) sexual orientation, gender identity, and gender expression; (iv) contraception, pregnancy, pregnancy options, and reproduction; (v) HIV and other STIs; (vi) consent and healthy relationships; and (vii) interpersonal violence; (C) explores values and beliefs about such topics; and (D) helps young people in gaining the skills that are needed to navigate relationships and manage one’s own sexual health. (16) Sexual health services The term sexual health services (A) sexual health information, education, and counseling; (B) all methods of contraception approved by the Food and Drug Administration; (C) routine gynecological care, including human papillomavirus (HPV) vaccines and cancer screenings; (D) pre-exposure prophylaxis or post-exposure prophylaxis; (E) substance use and mental health services; (F) interpersonal violence survivor services; and (G) other pregnancy and STI prevention, care, or treatment services. (17) Sexual orientation The term sexual orientation (18) State educational agency The term State educational agency 20 U.S.C. 7801 (19) Trauma The term trauma (20) Trauma-informed and resilience-oriented The term trauma-informed and resilience-oriented (21) Young people The term young people (22) Youth-friendly sexual health services The term youth-friendly sexual health services 4. Grants for sex education at elementary and secondary schools and youth-serving organizations (a) Program authorized The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out projects that provide young people with sex education. (b) Duration Grants awarded under this section shall be for a period of 5 years. (c) Eligible entity In this section, the term eligible entity (d) Applications An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that are— (1) State educational agencies or local educational agencies; or (2) Indian Tribes or Tribal organizations, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (f) Use of funds Each eligible entity that receives a grant under this section shall use the grant funds to carry out a project that provides young people with sex education. 5. Grants for sex education at institutions of higher education (a) Program authorized The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to institutions of higher education or consortia of such institutions to enable such institutions to provide students with age and developmentally appropriate sex education. (b) Duration Grants awarded under this section shall be for a period of 5 years. (c) Applications An institution of higher education or consortium of such institutions desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Priority In awarding grants under this section, the Secretary shall give priority to an institution of higher education that— (1) has an enrollment of needy students, as defined in section 318(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059e(b) (2) is a Hispanic-serving institution, as defined in section 502(a) of such Act ( 20 U.S.C. 1101a(a) (3) is a Tribal College or University, as defined in section 316(b) of such Act ( 20 U.S.C. 1059c(b) (4) is an Alaska Native-serving institution, as defined in section 317(b) of such Act ( 20 U.S.C. 1059d(b) (5) is a Native Hawaiian-serving institution, as defined in section 317(b) of such Act ( 20 U.S.C. 1059d(b) (6) is a Predominantly Black Institution, as defined in section 318(b) of such Act ( 20 U.S.C. 1059e(b) (7) is a Native American-serving, nontribal institution, as defined in section 319(b) of such Act ( 20 U.S.C. 1059f(b) (8) is an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(b) of such Act ( 20 U.S.C. 1059g(b) (9) is a minority institution, as defined in section 365 of such Act ( 20 U.S.C. 1067k 20 U.S.C. 1058 (e) Uses of funds An institution of higher education or consortium of such institutions receiving a grant under this section shall use grant funds to develop and implement a project to integrate sex education into the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (1) Adopting and incorporating age and developmentally appropriate sex education into student orientation, general education, or courses. (2) Developing or adopting and implementing educational programming outside of class that delivers age and developmentally appropriate sex education to students. (3) Developing or adopting and implementing innovative technology-based approaches to deliver age and developmentally appropriate sex education to students. (4) Developing or adopting and implementing peer-led activities to generate discussion, educate, and raise awareness among students about age and developmentally appropriate sex education. (5) Developing or adopting and implementing policies and practices to link students to sexual health services. 6. Grants for educator training (a) Program authorized The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out the activities described in subsection (e). (b) Duration Grants awarded under this section shall be for a period of 5 years. (c) Eligible entity In this section, the term eligible entity (1) a State educational agency or local educational agency; (2) an Indian Tribe or Tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (3) a State or local department of health; (4) an educational service agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 (5) a nonprofit institution of higher education or a consortium of such institutions; or (6) a national or statewide nonprofit organization or consortium of nonprofit organizations that has as its primary purpose the improvement of provision of sex education through training and effective teaching of sex education. (d) Application An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Authorized activities (1) Required activity Each eligible entity receiving a grant under this section shall use grant funds for professional development and training of relevant teachers, health educators, faculty, administrators, and staff, in order to increase effective teaching of sex education to young people. (2) Permissible activities Each eligible entity receiving a grant under this section may use grant funds to— (A) provide training and support for educators about the content, skills, and professional disposition needed to implement sex education effectively; (B) develop and provide training and support to educators on incorporating anti-racist and gender inclusive policies and practices in sex education; (C) support the dissemination of information on effective practices and research findings concerning the teaching of sex education; (D) support research on— (i) effective sex education teaching practices; and (ii) the development of assessment instruments and strategies to document— (I) young people’s understanding of sex education; and (II) the effects of sex education; (E) convene conferences on sex education, in order to effectively train educators in the provision of sex education; and (F) develop and disseminate appropriate research-based materials to foster sex education. (3) Subgrants Each eligible entity receiving a grant under this section may award subgrants to nonprofit organizations that possess a demonstrated record of providing training to teachers, health educators, faculty, administrators, and staff on sex education to— (A) train educators in sex education; (B) support internet or distance learning related to sex education; (C) promote rigorous academic standards and assessment techniques to guide and measure student performance in sex education; (D) encourage replication of best practices and model programs to promote sex education; (E) develop and disseminate effective, research-based sex education learning materials; or (F) develop academic courses on the pedagogy of sex education at institutions of higher education. 7. Authorization of grants to support the delivery of sexual health services to marginalized young people (a) Program authorized The Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to provide youth-friendly sexual health services to marginalized young people. (b) Duration Grants awarded under this section shall be for a period of 5 years. (c) Eligible entity In this section, the term eligible entity (1) a public or private youth-serving organization; or (2) a covered entity, as defined in section 340B of the Public Health Service Act ( 42 U.S.C. 256b (d) Applications An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Uses of funds Each eligible entity that receives a grant under this section may use the grant funds to— (1) develop and implement an evidence-informed project to deliver sexual health services to marginalized young people; (2) establish, alter, or modify staff positions, service delivery policies and practices, service delivery locations, service delivery environments, service delivery schedules, or other services components in order to increase youth-friendly sexual health services to marginalized young people; (3) conduct outreach to marginalized young people to invite them to participate in the eligible entity’s sexual health services and to provide feedback to inform improvements in the delivery of such services; (4) establish and refine systems of referral to connect marginalized young people to other sexual health services and supportive services; (5) establish partnerships and collaborations with entities providing services to marginalized young people to link such young people to sexual health services, such as by delivering health services at locations where they congregate, providing transportation to locations where sexual health services are provided, or other linkages to services approaches; (6) provide evidence-informed, comprehensive in scope, confidential, equitable, accessible, medically accurate and complete, age and developmentally appropriate, culturally responsive, and trauma-informed and resilience-oriented sexual health information to marginalized young people in the languages and cultural contexts that are most appropriate for the marginalized young people to be served by the eligible entity; (7) promote effective communication regarding sexual health among marginalized young people; and (8) provide training and support for eligible entity personnel and community members who work with marginalized young people about the content, skills, and professional disposition needed to provide youth-friendly sex education and youth-friendly sexual health services. 8. Reporting and impact evaluation (a) Grantee report to secretary For each year a grantee receives grant funds under section 4, 5, 6, or 7, the grantee shall submit to the Secretary a report that includes— (1) the use of grant funds by the grantee; (2) how the use of grant funds has increased the access of young people to sex education or sexual health services; and (3) such other information as the Secretary may require. (b) Secretary’s report to Congress Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to Congress a report on the activities funded under this Act. The Secretary's report to Congress shall include— (1) a statement of how grants awarded by the Secretary meet the purpose described in section 2(a); and (2) information about— (A) the number of grantees that are receiving grant funds under sections 4, 5, 6, and 7; (B) the specific activities supported by grant funds awarded under sections 4, 5, 6, and 7; (C) the number of young people served by projects funded under sections 4, 5, and 7, in the aggregate and disaggregated and cross-tabulated by grant program, race and ethnicity, sex, sexual orientation, gender identity, and other characteristics determined by the Secretary (except that such disaggregation or cross-tabulation shall not be required in a case in which the results would reveal personally identifiable information about an individual young person); (D) the number of teachers, health educators, faculty, school administrators, and staff trained under section 6; and (E) the status of the evaluation required under subsection (c). (c) Multi-Year evaluation (1) In general Not later than 6 months after the date of the enactment of this Act, the Secretary shall enter into a contract with a nonprofit organization with experience in conducting impact evaluations to conduct a multi-year evaluation on the impact of the projects funded under sections 4, 5, 6, and 7 and to report to Congress and the Secretary on the findings of such evaluation. (2) Evaluation The evaluation conducted under this subsection shall— (A) be conducted in a manner consistent with relevant, nationally recognized professional and technical evaluation standards; (B) use sound statistical methods and techniques relating to the behavioral sciences, including quasi-experimental designs, inferential statistics, and other methodologies and techniques that allow for conclusions to be reached; (C) be carried out by an independent organization that has not received a grant under section 4, 5, 6, or 7; and (D) be designed to provide information on output measures and outcome measures to be determined by the Secretary. (3) Report Not later than 6 years after the date of enactment of this Act, the organization conducting the evaluation under this subsection shall prepare and submit to the appropriate committees of Congress and the Secretary an evaluation report. Such report shall be made publicly available, including on the website of the Department of Health and Human Services. 9. Nondiscrimination Activities funded under this Act shall not discriminate on the basis of actual or perceived sex (including sexual orientation and gender identity), age, parental status, race, color, ethnicity, national origin, disability, or religion. Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available under any other Federal law or any law of a State or a political subdivision of a State, including the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 42 U.S.C. 12101 et seq. 42 U.S.C. 18116 10. Limitation No Federal funds provided under this Act may be used for sex education or sexual health services that— (1) withhold health-promoting or life-saving information about sexuality-related topics, including HIV; (2) are medically inaccurate or incomplete; (3) promote gender or racial stereotypes or are unresponsive to gender or racial inequities; (4) fail to address the needs of sexually active young people; (5) fail to address the needs of pregnant or parenting young people; (6) fail to address the needs of survivors of interpersonal violence; (7) fail to address the needs of young people of all physical, developmental, or mental abilities; (8) fail to be inclusive of individuals with varying gender identities, gender expressions, and sexual orientations; or (9) are inconsistent with the ethical imperatives of medicine and public health. 11. Amendments to other laws (a) Amendment to the Public Health Service Act Section 2500 of the Public Health Service Act ( 42 U.S.C. 300ee (b) Contents of programs All programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance use. . (b) Amendments to the Elementary and Secondary Education Act of 1965 Section 8526 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7906 (1) by striking paragraphs (3), (5), and (6); (2) by redesignating paragraph (4) as paragraph (3); (3) in paragraph (3), as redesignated by paragraph (2), by inserting or (4) by redesignating paragraph (7) as paragraph (4). 12. Funding (a) Authorization For the purpose of carrying out this Act, there is authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2029. Amounts appropriated under this subsection shall remain available until expended. (b) Reservations of funds (1) In general The Secretary— (A) shall reserve not more than 30 percent of the amount authorized under subsection (a) for the purposes of awarding grants for sex education at elementary and secondary schools and youth-serving organizations under section 4; (B) shall reserve not more than 10 percent of the amount authorized under subsection (a) for the purpose of awarding grants for sex education at institutions of higher education under section 5; (C) shall reserve not more than 15 percent of the amount authorized under subsection (a) for the purpose of awarding grants for educator training under section 6; (D) shall reserve not more than 30 percent of the amount authorized under subsection (a) for the purpose of awarding grants for sexual health services for marginalized youth under section 7; and (E) shall reserve not less than 5 percent of the amount authorized under subsection (a) for the purpose of carrying out the reporting and impact evaluation required under section 8. (2) Research, training, and technical assistance The Secretary shall reserve not less than 10 percent of the amount authorized under subsection (a) for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants. In carrying out such functions, the Secretary shall collaborate with a variety of entities that have expertise in sex education and sexual health services standards setting, design, development, delivery, research, monitoring, and evaluation. (c) Reprogramming of abstinence only until marriage program funding The unobligated balance of funds made available to carry out section 510 of the Social Security Act ( 42 U.S.C. 710 (d) Repeal of abstinence only until marriage program Section 510 of the Social Security Act ( 42 U.S.C. 710 et seq.
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Real Education and Access for Healthy Youth Act of 2023
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NIH Clinical Trial Diversity Act of 2023 This bill sets out requirements to increase the diversity of clinical trial participants. The bill also requires other activities to foster participation in clinical trials. As a condition of funding from the National Institutes of Health (NIH) for a clinical trial investigating a drug or device, a sponsor's application must include certain information related to diversity in its trial, such as goals for recruiting and retaining trial participants and plans for achieving the recruitment and retention goals and implementing less-burdensome clinical trial follow-up requirements. A sponsor must also annually share demographic data of clinical trial participants with the NIH. Further, the NIH and the Food and Drug Administration must carry out a national campaign to increase awareness about the need for diverse clinical trials.
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118 S1701 IS: NIH Clinical Trial Diversity Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1701 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Menendez Ms. Collins Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, to take certain steps to increase clinical trial diversity, and for other purposes. 1. Short title This Act may be cited as the NIH Clinical Trial Diversity Act of 2023 2. Diversity goals for clinical trials funded by the National Institutes of Health (a) Applications Beginning on the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (referred to in this section as the Secretary NIH-funded research organization or entity 21 U.S.C. 321 42 U.S.C. 262(i) (1) clear and measurable goals for the recruitment and retention of participants that reflect— (A) the race, ethnicity, age, and sex of patients with the disease or condition being investigated; or (B) as scientifically or ethically justified and appropriate, the race, ethnicity, age, and sex of the general population of the United States if the prevalence of the disease or condition is not known; (2) a rationale for the goals specified under paragraph (1) that specifies— (A) how investigators will determine the number of participants for each population category that reflect the population groups specified in paragraph (1); or (B) strategies that will be used to enroll and retain participants across the different race, ethnicity, age, and sex categories; (3) a detailed plan for how the clinical trial will achieve the goals specified under paragraph (1) that specifies— (A) the requirements for researchers, in conducting the trial, to analyze the population groups specified in paragraph (1) separately; and (B) how the trial will recruit a study population that is— (i) scientifically and ethically appropriate in terms of the scientific objectives and proposed study design; and (ii) in sufficient numbers to obtain clinically and statistically meaningful determinations of the safety and effectiveness of the drug, device, or behavioral intervention being studied in the respective race, ethnicity, age, and sex groups; and (4) the NIH-funded research organization or entity’s plan for implementing, or an explanation of why the NIH-funded research organization or entity cannot implement, alternative clinical trial follow-up requirements that are less burdensome for trial participants, such as— (A) requiring fewer follow-up visits; (B) allowing phone follow-up or home visits by appropriately qualified staff (in lieu of in-person visits by patients); (C) allowing for online follow-up options; (D) permitting the patient’s primary care provider to perform some of the follow-up visit requirements; (E) allowing for evening and weekend hours for required follow-up visits; (F) allowing virtual or telemedicine visits; (G) use of wearable technology to record key health parameters; and (H) use of alternate labs or imaging centers, which may be closer to the residence of the patients participating in the trial. (b) Terms (1) In general As a condition on the receipt of funding through the National Institutes of Health, as described in subsection (a), with respect to a clinical trial, the NIH-funded research organization or entity of the clinical trial shall agree to terms requiring that— (A) the aggregate demographic information of trial participants be shared on an annual basis with the Secretary while participant recruitment and data collection in such trial is ongoing, and that such information is provided with respect to— (i) underrepresented populations, including populations grouped by race, ethnicity, age, and sex; and (ii) such populations that reflect the prevalence of the disease or condition that is the subject of the clinical trial involved (as available and as appropriate to the scientific objective for the study, as determined by the Director of the National Institutes of Health); (B) the NIH-funded research organization or entity submits to the program officer and grants management specialist of the specific institute, center, or office of the National Institutes of Health, annually or as frequently as such officer or specialist determines necessary, the retention rate of participants in the clinical trial, disaggregated by race, ethnicity, age, and sex; (C) the clinical trial researchers complete education and training programs on diversity in clinical trials; and (D) at the conclusion of the trial, the sponsor submits to the Secretary the number of participants in the trial, disaggregated by race, ethnicity, age, and sex. (2) Privacy protections Any data shared under paragraph (1) may not include any individually identifiable information or protected health information with respect to clinical trial participants and shall only be disclosed to the extent allowed under Federal privacy laws and by National Institutes of Health policy. (c) Exception In lieu of submitting an application under subsection (a) and documentation of goals as required by paragraph (1) of such subsection, an applicant may provide reasoning for why the recruitment of each of the population groups specified in paragraph (1) of subsection (a) is not necessary and why such recruitment is not scientifically justified or possible. 3. Eliminating cost barriers Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall conduct and complete a study on— (1) the need for review of human subject regulations specified in part 46 of title 45, Code of Federal Regulations (or successor regulations), and related guidance; (2) the modernization of such regulations and guidance to establish updated guidelines for reimbursement of out-of-pocket expenses of human subjects, compensation of human subjects for time spent participating in the clinical trial, and incentives for recruitment of human subjects; and (3) the need for updated safe harbor rules under section 1001.952 of title 42, Code of Federal Regulations (or successor regulations), and section 1128B of the Social Security Act (commonly referred to as the Federal Anti-Kickback Statute 42 U.S.C. 1320a–7b 4. Public awareness and education campaign (a) National campaign The Secretary of Health and Human Services (referred to in this section as the Secretary (b) Requirements The national campaign conducted under this section shall include— (1) (A) the development and distribution of written educational materials; (B) the development and placing of public service announcements that are intended to encourage individuals who are members of the demographic groups identified pursuant to section 2(b)(1)(A)(i) to seek to participate in clinical trials; and (C) the development of curricula for health care professionals on— (i) how to participate in clinical trials as an investigator; and (ii) how such professionals can enroll patients in trials; (2) such efforts as are reasonable and necessary to ensure meaningful access by consumers with limited English proficiency; and (3) the development and distribution of best practices and training for recruiting underrepresented study populations, including a method for sharing such best practices among clinical trial sponsors, providers, community-based organizations who assist with recruitment, and with the public. (c) Health disparities In developing the national campaign under subsection (a), the Secretary shall recognize and address— (1) health disparities among individuals who are members of the population groups specified in section 2(b)(1)(A) with respect to access to care and participation in clinical trials; and (2) any barriers in access to care and participation in clinical trials that are specific to individuals who are members of such groups. (d) Grants The Secretary shall establish a program to award grants to nonprofit private entities (including community-based organizations and faith communities, institutions of higher education eligible to receive funds under section 371 of the Higher Education Act of 1965 ( 20 U.S.C. 1067q (1) to test alternative outreach and education strategies to increase the awareness and knowledge of individuals in the United States, with respect to the need for diverse clinical trials that reflect the race, ethnicity, age, and sex of patients with the disease or condition being investigated; and (2) to cover administrative costs of such entities in assisting in diversifying clinical trials subject to section 2. (e) Stakeholders specified The stakeholders specified in this subsection are the following: (1) Representatives of the Food and Drug Administration, the Health Resources and Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the National Institutes of Health. (2) Community-based resources and advocates. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2027. 5. Definition In this Act, the term clinical trial
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NIH Clinical Trial Diversity Act of 2023
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Teaching Asian American, Native Hawaiian, and Pacific Islander History Act This bill requires entities (e.g., institutions of higher education, libraries, and museums), in order to be eligible for certain grants administered by the Department of Education (ED), to include Asian Pacific American history in their teaching of American history. It also requires Asian Pacific American history to be included in tests administered by the National Assessment of Educational Progress (NAEP). Specifically, the bill mandates the inclusion of Asian Pacific American history as a required component of American history for such entities to be eligible for American History and Civics Academies' competitive grants. These grants support the establishment of (1) Presidential Academies for Teachers of American History and Civics, which offer workshops to teachers of American history and civics to strengthen their knowledge and prepare them to teach in these subjects; and (2) Congressional Academies for Students of American History and Civics, which support high school students in developing an understanding of these subjects. (Currently, Asian Pacific American history is not a required component of American history for either academy.) In addition, ED must give priority to grant applicants that align their activities with programs and resources of the Smithsonian Institution's Asian Pacific American Center. The bill also requires the inclusion of Asian Pacific American history in tests administered by the NAEP, which measures student academic achievement in various subjects.
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118 S1702 IS: Teaching Asian American, Native Hawaiian, and Pacific Islander History Act U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1702 IN THE SENATE OF THE UNITED STATES May 18, 2023 Ms. Hirono Mr. Booker Ms. Cortez Masto Mrs. Feinstein Mrs. Gillibrand Ms. Klobuchar Mr. Padilla Ms. Rosen Ms. Smith Ms. Warren Mr. Luján Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Education to award grants to eligible entities to carry out educational programs that include the history of peoples of Asian, Native Hawaiian, and Pacific Islander descent in the settling and founding of America, the social, economic, and political environments that led to the development of discriminatory laws targeting Asians, Native Hawaiians, and Pacific Islanders and their relation to current events, and the impact and contributions of Asian Americans, Native Hawaiians, and Pacific Islanders to the development and enhancement of American life, United States history, literature, the economy, politics, body of laws, and culture, and for other purposes. 1. Short title This Act may be cited as the Teaching Asian American, Native Hawaiian, and Pacific Islander History Act 2. Findings Congress finds the following: (1) The United States has benefitted from the integral role Asian Americans and Pacific Islanders have played in our Nation's history and contributions to the world. (2) The Pacific Island Territories of Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and all of the Pacific Islands, including Melanesia, Micronesia, and Polynesia, have unique histories that are often overlooked in American history despite their immense contributions to our Nation. (3) The traditional American history curriculum for kindergarten through grade 12 continues to be taught from a Eurocentric point of view and excludes histories of racist immigration laws relevant to policies today. (4) Social studies textbooks for kindergarten through grade 12 poorly represent Asian Americans and Pacific Islanders, overlook the diversity within those communities, and print images of Asian Americans and Pacific Islanders in stereotypical roles. (5) The Federal Government, through support for educational activities of national museums established under Federal law, can assist teachers in efforts to incorporate historically accurate instruction on the comprehensive history of Asian Americans and Pacific Islanders and assist students in their exploration of Asian Pacific American history as an integral part of American history. (6) The history of America’s system of immigration is rife with racism, embedded with goals of hiring workers to work for cheaper wages and labor in heinous working conditions. (7) Congress has continuously passed anti-Asian laws as the result of the scapegoating of Asian immigrant laborers for economic downturns in the United States. (8) The history of South Asian Americans in the United States dates back to the late 1700s. (9) The history of Native Hawaiians and Pacific Islanders in what is now considered to be the United States predates the founding of our Nation. (10) In 1993, Congress passed a joint resolution that was signed into law formally apologizing for the role of the United States in the illegal overthrow of the Kingdom of Hawaii, which resulted in the suppression of the inherent sovereignty of the Native Hawaiian people. (11) Twelve thousand Chinese laborers worked in atrocious conditions to build the Transcontinental Railroad, many dying from harsh weather conditions and the dangers of handling explosives. (12) The Page Act of 1875, the first restrictive immigration law in the United States, sought to prevent the entry of Asian women perceived as immoral or suspected of prostitution. (13) After the Chinese Exclusion Act of 1882 banned Chinese immigrants from immigrating to the United States, Japanese immigrants were hired. After the Japanese were banned from immigrating due to the Gentleman’s Agreement of 1907, which halted immigration from Japan, Filipino immigrants were hired under 3-year contracts. (14) Filipino farm workers helped found the farm worker labor movement in the United States. (15) The Immigration Act of 1917 restricted immigration to the United States by barring immigration from the Asia-Pacific zone. (16) The Immigration Act of 1924 set a national origin quota to deter immigration. (17) President Franklin D. Roosevelt’s Executive Order 9066 authorized the incarceration of more than 120,000 persons of Japanese ancestry, two-thirds of whom were American citizens, based solely on race. (18) Beginning in 1954, the United States displaced more than 3,000,000 refugees from Cambodia, Laos, and Vietnam due to covert and overt United States military operations in Southeast Asia. (19) The Immigration Act of 1965 made family unification and skills-based migration the bedrock principle of immigration to the United States. (20) The nuclear testing conducted by the United States on the Bikini and Enewetak Atoll of the Marshall Islands has made parts of the island nation uninhabitable and caused forced migration and health complications that still impact the community today. (21) The United States ratified a Compact of Free Association with the Federated States of Micronesia, Republic of the Marshall Islands, and the Republic of Palau enabling citizens of these Pacific Island nations to legally migrate to the United States visa-free while the United States retains certain strategic military rights over their territorial waters. (22) In the aftermath of the Vietnam War, the Refugee Act of 1980 helped more than 500,000 Southeast Asians gain permanent resident status in the United States within the first decade of its passage. (23) The Pacific Islander community represents the largest concentration of any ethnic group enlisted in the United States military, as well as representing the highest numbers of casualties in recent wars. (24) The model minority (25) The pattern of hate crimes and hate incidents directed at Asians and Asian Americans has repeated itself throughout history. (26) Asian American and African American histories of fighting against oppression and racism are intertwined, from the Black Power Movement of the 1960s that birthed the Asian American Movement to civil rights protests in present day. (27) Asian Americans and Pacific Islanders and their allies continue to fight discrimination, racial prejudice, hate crimes, scapegoating, structural racism, economic inequities, and benign and overt omission of the integral role they played in the development of this Nation. 3. American history and civics education (a) Program authorized Section 2231(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6661(a) (1) in the matter preceding paragraph (1), by inserting , which shall include Asian Pacific American history, American history (2) in paragraph (2)— (A) by inserting which shall include Asian Pacific American history, American history, (B) by inserting , which shall include Asian Pacific American history traditional American history (b) Presidential and congressional academies for american history and civics Section 2232 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6662 (1) in subsection (c)(1), by inserting , which shall include Asian Pacific American history, American history (2) in subsection (e)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting , which shall include Asian Pacific American history, American history (ii) in subparagraph (A)— (I) by inserting , which shall include Asian Pacific American history, teachers of American history (II) by inserting , which shall include Asian Pacific American history, subjects of American history (iii) in subparagraph (B), by inserting , which shall include Asian Pacific American history, American history (B) in paragraph (2), by inserting , which shall include Asian Pacific American history, American history (C) in paragraph (4), by inserting , and with the Smithsonian Institution’s Asian Pacific American Center to provide programs and resources for educators and students National Parks (3) in paragraph (1) of subsection (f)— (A) in the matter preceding subparagraph (A), by inserting including Asian Pacific American history American history (B) in subparagraph (A), by inserting , which shall include Asian Pacific American history, American history (C) in subparagraph (B), by inserting , which shall include Asian Pacific American history, American history (c) National activities Section 2233 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6663 (1) in subsection (a), by inserting which shall include Asian Pacific American history, American history, (2) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting which shall include Asian Pacific American history, American history, (B) in paragraph (1)(A), by inserting which shall include Asian Pacific American history, American history, (d) National assessment of educational progress Section 303(b)(2)(D) of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9622(b)(2)(D) (which shall include Asian Pacific American history) history 4. Effective date This Act, and the amendments made by this Act, shall take effect on the day after the date of enactment.
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Teaching Asian American, Native Hawaiian, and Pacific Islander History Act
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PACE Part D Choice Act of 2023 This bill allows Medicare-only beneficiaries who are enrolled in Programs of All-Inclusive Care for the Elderly (PACE) to choose prescription drug plans that are not operated by PACE. (PACE is a program under Medicare and Medicaid that provides in-home and community services for certain individuals as an alternative to nursing home care.) Specifically, the bill allows PACE enrollees who are Medicare (but not Medicaid) beneficiaries to choose a prescription drug plan that is not a Medicare Advantage plan or operated by PACE and for which annual out-of-pocket costs and federal subsidies are equal to or less than that under the applicable PACE prescription drug plan. The bill also allows for disenrollment from a chosen plan upon a change in medication or demonstration of an unexpected increase in out-of-pocket costs. PACE programs must conduct outreach, monitor data, and coordinate benefits with respect to such options.
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118 S1703 IS: PACE Part D Choice Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1703 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Carper Mr. Cassidy Committee on Finance A BILL To amend title XVIII of the Social Security Act to ensure Medicare-only PACE program enrollees have a choice of prescription drug plans under Medicare part D. 1. Short title This Act may be cited as the PACE Part D Choice Act of 2023 2. Ensuring Medicare-only PACE program enrollees have a choice of prescription drug plans under Medicare part D Section 1860D–21(f) of the Social Security Act ( 42 U.S.C. 1395w–131(f) (1) in paragraph (1), by striking and (3) (3), and (4) (2) by adding at the end the following new paragraph: (4) Ensuring choice of prescription drug plans (A) In general For plan years beginning on or after January 1, 2025, subject to the succeeding provisions of this paragraph, an applicable PACE program enrollee may elect to enroll in a qualified standalone prescription drug plan, in accordance with rules established by the Secretary pursuant to this paragraph, while enrolled under a PACE program. (B) Definition of applicable pace program enrollee; qualified standalone prescription drug plan In this paragraph: (i) Applicable pace program enrollee The term applicable PACE program enrollee (I) is not entitled to medical assistance under title XIX; and (II) is enrolled under a PACE program offered by a PACE provider. (ii) Qualified standalone prescription drug plan The term qualified standalone prescription drug plan (I) that is not an MA–PD plan; (II) that is not operated by the PACE program under which the individual is enrolled; and (III) for which the Secretary determines, with respect to the applicable PACE program enrollees enrolled in a PACE program offered by such PACE provider, that— (aa) the estimated beneficiary out-of-pocket costs (as defined in clause (iii)) for the plan year for qualified prescription drug coverage under the plan is equal to or less than the estimated out-of-pocket costs for such coverage under the prescription drug plan offered by the PACE program in which the applicable PACE program enrollee is enrolled; and (bb) the estimated total amount of Federal subsidies for the plan year for qualified prescription drug coverage under the plan (which may be estimated using data from the previous plan year) is equal to or less than the estimated subsidy amount for such coverage under the prescription drug plan offered by the PACE program in which the applicable PACE program enrollee is enrolled. (iii) Out-of-pocket costs defined In this paragraph, the term out-of-pocket costs (C) Out-of-pocket costs In the case where an applicable PACE program enrollee elects to enroll in a qualified standalone prescription drug plan pursuant to this paragraph, the individual shall be responsible for any out-of-pocket costs imposed under the plan (including costs for nonformulary drugs) after the application of any subsidies under section 1860D–14 for an applicable PACE program enrollee who is a subsidy eligible individual (as defined in section 1860D–14(a)(3)). (D) Requirements for pace programs (i) Educating and helping enroll beneficiaries into a part D plan option A PACE program shall be required to provide— (I) information to all applicable PACE program enrollees who are enrolled under the PACE program regarding the option to enroll in a qualified standalone prescription drug plan under this paragraph; and (II) upon request of an applicable PACE program enrollee, counseling and coordination to assist applicable PACE program enrollees in making decisions regarding the selection of qualified standalone prescription drug plans available to them. (ii) Monitoring drug utilization, adherence, and spend A PACE program shall be required to monitor drug utilization, medication adherence, and drug spending (through claims data shared pursuant to subparagraph (F) and otherwise) throughout the year with respect to any applicable PACE program enrollee who elects to enroll in a qualified standalone prescription drug plan under this paragraph in order to coordinate with the PDP sponsor of such plan regarding the drug benefits offered by the plan, including upon request of an applicable PACE program enrollee the filing of any grievances or appeals with the plan on behalf of the applicable PACE program enrollee. (E) Disenrollment An applicable PACE program enrollee may disenroll from the qualified standalone prescription drug plan elected by such applicable PACE program enrollee under subparagraph (A) if the enrollee changes medication during the plan year or can demonstrate an unexpected increase in out-of-pocket costs post enrollment. (F) Claims sharing In the case where an applicable PACE program enrollee enrolls in a qualified standalone prescription drug plan, the PACE program in which the individual is enrolled and the PDP sponsor of the qualified standalone prescription drug plan shall share claims data with each other with respect to the applicable PACE program enrollee as needed to support care management for the applicable PACE program enrollee (including for purposes of monitoring and coordination required under subparagraph (D)(ii)) and for purposes of comprehensive risk adjustment under section 1894(d). Such data shall be shared without the need for any formal or informal request of the PACE program in which the individual is enrolled or the PDP sponsor of the qualified standalone prescription drug plan in which the applicable PACE program enrollee is enrolled. (G) Rule of construction The authority established under this paragraph for an applicable PACE program enrollee to elect to enroll in a qualified standalone prescription drug plan shall not be construed as permitting an applicable PACE program enrollee to enroll in a prescription drug plan that is not a qualified standalone prescription drug plan. (H) Relation to PACE statutes (i) In general The authority provided under this paragraph for an applicable PACE program enrollee to elect to enroll in a qualified standalone prescription drug plan shall apply notwithstanding subsection (a)(1)(B)(i) of section 1894 and such other provisions of sections 1894 and 1934 as the Secretary determines may conflict with the authority provided for under this paragraph, including subsections (a)(2)(B), (b)(1)(A)(i), (b)(1)(C), (f)(2)(B)(ii), and (f)(2)(B)(v) of such sections. (ii) Clarification on payment for part D drug coverage Insofar as an applicable PACE program enrollee is enrolled in a qualified standalone prescription drug plan under this paragraph, the PACE program shall not be entitled to payment under section 1894(d) for the provision of qualified prescription drug coverage under such standalone prescription drug plan with respect to such applicable PACE program enrollee. .
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PACE Part D Choice Act of 2023
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Extinction Prevention Act of 2023 This bill requires the Department of the Interior to provide financial assistance for the conservation of butterflies and moths in North America; plant species in Hawaii, Guam, American Samoa, and the Northern Mariana Islands; freshwater mussels in the United States; and bony fish found in desert ecosystems in Arizona, California, Colorado, Nevada, New Mexico, Oregon, and Utah. Among other things, the bill establishes the North America Butterfly Conservation Fund, the Pacific Islands Plant Conservation Fund, the Freshwater Mussel Conservation Fund, and the Southwest Desert Fish Conservation Fund. In selecting projects for assistance, Interior must prioritize projects that conserve threatened and endangered species.
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118 S1708 IS: Extinction Prevention Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1708 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Blumenthal Ms. Hirono Mr. Merkley Committee on Environment and Public Works A BILL To create dedicated funds to conserve butterflies in North America, plants in the Pacific Islands, freshwater mussels in the United States, and desert fish in the Southwest United States, and for other purposes. 1. Short title (a) Short title This Act may be cited as the Extinction Prevention Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Title I—North America Butterfly Conservation Act of 2023 Sec. 101. Short title. Sec. 102. Purposes. Sec. 103. Definitions. Sec. 104. North America butterfly conservation assistance. Sec. 105. North America Butterfly Conservation Fund. Sec. 106. Authorization of appropriations. Sec. 107. Report to Congress. Title II—Pacific Islands Plant Conservation Fund Act of 2023 Sec. 201. Short title. Sec. 202. Purposes. Sec. 203. Definitions. Sec. 204. Pacific Islands plant conservation assistance. Sec. 205. Pacific Islands Plant Conservation Fund. Sec. 206. Authorization of appropriations. Sec. 207. Report to Congress. Title III—Freshwater Mussel Conservation Fund Act of 2023 Sec. 301. Short title. Sec. 302. Purposes. Sec. 303. Definitions. Sec. 304. United States freshwater mussel conservation assistance. Sec. 305. Freshwater Mussel Conservation Fund. Sec. 306. Authorization of appropriations. Sec. 307. Report to Congress. Title IV—Southwest Desert Fish Conservation Fund Act of 2023 Sec. 401. Short title. Sec. 402. Purposes. Sec. 403. Definitions. Sec. 404. Southwest desert fish conservation assistance. Sec. 405. Southwest Desert Fish Conservation Fund. Sec. 406. Authorization of appropriations. Sec. 407. Report to Congress. I North America Butterfly Conservation Act of 2023 101. Short title This title may be cited as the North America Butterfly Conservation Fund Act of 2023 102. Purposes The purposes of this title are— (1) to perpetuate healthy populations of butterflies in North America; (2) to assist in the conservation of threatened and endangered butterflies by supporting conservation initiatives in North America; and (3) to provide financial resources and to foster international cooperation for those initiatives. 103. Definitions In this title: (1) North America butterfly conservation The term North America butterfly conservation (A) protection, restoration, and management of habitats; (B) onsite research and monitoring of populations, habitats, annual reproduction, and butterfly species population trends; (C) assistance in the development, implementation, and improvement of national and regional management plans; (D) enforcement and implementation of applicable conservation laws; and (E) community outreach and education. (2) Fund The term Fund (3) Butterfly; butterflies The terms butterfly butterflies (4) North America The term North America (5) Secretary The term Secretary 104. North America butterfly conservation assistance (a) Assistance (1) In general The Secretary shall, in consultation with other Federal officials, use amounts in the Fund to provide competitive financial assistance, including multiyear grants, for North America butterfly conservation projects. (2) Use of existing authorities Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (b) Project proposals (1) Eligible applicants A proposal for a North America butterfly conservation project may be submitted to the Secretary under this section by— (A) a State or Tribal agency, research institution, nonprofit organization, or wildlife management authority in North America that— (i) exercises control or has jurisdiction over butterfly habitat; and (ii) directly or indirectly affects North America butterfly conservation; or (B) any other individual or entity, as the Secretary determines appropriate, with the demonstrated expertise required to carry out North America butterfly conservation. (2) Federal partnership opportunities A Federal agency may not be a lead entity or receive funding for a project under this section, but may be included as a partner or collaborator on a project that receives such funding. (3) Required elements A project proposal submitted under this section shall include— (A) a statement of the purposes of the project; (B) the name of the individual or entity with overall responsibility for the project; (C) a description of— (i) the qualifications of the individual or entity that will conduct the project; (ii) methods for project implementation and outcome assessment; (iii) staffing and stakeholder engagement for the project, including mechanisms to encourage adequate local public participation in project development and implementation; (iv) the logistics of the project, including cost estimates and timelines; and (v) anticipated outcomes of the project; (D) evidence of free, informed, and prior consent by indigenous communities in the area in which the project will be conducted, if the Secretary determines that such consent is required for the success of the project; (E) assurances that the project will be implemented in consultation with relevant wildlife management authorities, Tribes, and other appropriate government officials; (F) demonstrated sensitivity to local historic and cultural resources and compliance with applicable laws; (G) information that demonstrates the potential of the project to contribute to North America butterfly conservation; (H) evidence of support for the project from each appropriate governmental entity of each country, Tribe, and indigenous community in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (I) information regarding the source and amount of any matching funding available for the project; and (J) such other information as the Secretary determines appropriate. (c) Project review and approval (1) In general The Secretary shall— (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and (B) review each project proposal to determine whether the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval Not later than 180 days after receiving a project proposal, the Secretary shall, after consulting with other Federal officials, as appropriate, with respect to each project proposal submitted under this section— (A) consult on the project proposal with the government of each country in which the project is to be conducted; (B) after taking into consideration any comments resulting from such consultation, approve or disapprove the project proposal; and (C) provide written notification of the approval or disapproval to the individual or entity that submitted the project proposal, such other Federal officials, and each country described in subparagraph (A). (d) Criteria for approval (1) In general The Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of butterflies in the wild by assisting efforts to implement North America butterfly conservation programs. (2) Priority In selecting projects for approval, the Secretary shall give priority to projects that conserve species of butterflies that are listed as a threatened or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (3) Project sustainability To the maximum extent practicable, in determining whether to approve a project proposal under this section, the Secretary shall give preference to projects that are designed to ensure effective and long-term North America butterfly conservation. (4) Matching funds In determining whether to approve a project proposal under this section, the Secretary shall give preference to projects for which matching funds are available. (5) Waiver The Secretary may waive the application of paragraphs (2), (3), or (4) with respect to a project if the Secretary— (A) has identified the project as of high priority; and (B) finds that such waiver is necessary to support the project. (e) Project reporting (1) In general Each individual or entity that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary determines appropriate) that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of such project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public The Secretary shall make available to the public each report submitted under paragraph (1) and any other document relating to a project for which financial assistance is provided under this title. 105. North America Butterfly Conservation Fund (a) Establishment There is established in the Treasury a separate account, to be known as the North America Butterfly Conservation Fund (1) amounts transferred to the Secretary for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 106; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures from fund (1) In general Subject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 104. (2) Administrative expenses Of the amounts in the Fund available for each fiscal year, the Secretary may expend the greater of 3 percent of such amounts or $80,000 to pay the administrative expenses necessary to carry out this title. (c) Investment of amounts (1) In general The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations For the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at market price. (3) Sale of obligations Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at market price. (4) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of amounts (1) In general The Secretary of the Treasury shall transfer at least monthly the amounts required to be transferred to the Fund under this section from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments The Secretary of the Treasury shall make proper adjustment in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and use of donations (1) In general The Secretary may accept for the Government a gift of any of the following to provide assistance under section 104: (A) Money. (B) An obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued. (C) Other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund. (2) Discretion to reject a gift The Secretary may reject a gift under this section when the rejection is in the interest of the Government. (3) Taxes If a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift. 106. Authorization of appropriations There are authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2024 through 2029 to carry out this title. 107. Report to Congress (a) In general Not later than January 31 of each calendar year after the date of the enactment of this title, the Secretary shall submit to Congress a report regarding the Fund and the status of butterflies in North America during the preceding calendar year. (b) Contents of reports Each report submitted under subsection (a) shall include, with respect to the calendar year for which such report is submitted— (1) the total amount deposited into and expended from the Fund; (2) the costs associated with carrying out this title; (3) a summary of the projects for which the Secretary provided assistance under section 104 and an evaluation of such projects; and (4) an evaluation of the status of threatened and endangered populations of butterflies in North America. II Pacific Islands Plant Conservation Fund Act of 2023 201. Short title This title may be cited as the Pacific Islands Plant Conservation Fund Act of 2023 202. Purposes The purposes of this title are— (1) to assist in the conservation of threatened and endangered species of plants in the Pacific Islands; and (2) to support and provide financial resources for projects to conserve such species of plants and the ecosystems of such species of plants and to address other threats to the survival of such species of plants. 203. Definitions In this title: (1) Pacific Islands plant conservation The term Pacific Islands plant conservation (A) protection, restoration, and management of ecosystems; (B) onsite research and monitoring of populations, ecosystems, annual reproduction, and plant population trends; (C) assistance in the development, implementation, and improvement of management plans; (D) enforcement and implementation of applicable conservation laws; and (E) community outreach and education. (2) Fund The term Fund (3) Pacific Islands The term Pacific Islands (4) Secretary The term Secretary 204. Pacific Islands plant conservation assistance (a) Assistance (1) In general The Secretary shall, in consultation with other Federal officials, use amounts in the Fund to provide competitive financial assistance, including multiyear grants, for Pacific Islands plant conservation projects. (2) Use of existing authorities Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (b) Project proposals (1) Eligible applicants A project proposal for Pacific Islands plant conservation may be submitted to the Secretary under this section by a State, territory, or Tribal agency or any other individual or entity, as determined appropriate by the Secretary, with the expertise required to carry out Pacific Islands plant conservation. (2) Federal partnership opportunities A Federal agency may not be a lead entity or receive funding for a project under this section, but may be included as a partner or collaborator on a project that receives such funding. (3) Required elements A project proposal submitted under this section shall include— (A) a statement of the purposes of the project; (B) the name of the individual or entity with overall responsibility for the project; (C) a description of— (i) the qualifications of the individual or entity that will conduct the project; (ii) methods for project implementation and outcome assessment; (iii) staffing and stakeholder engagement for the project, including mechanisms to ensure adequate local public participation in project development and implementation; (iv) the logistics of the project, including cost estimates and timelines; (v) anticipated outcomes of the project; and (vi) how the project will promote sustainable, effective, long-term programs to conserve plant populations on the Pacific Islands; (D) assurances that the project will be implemented in consultation with relevant wildlife management authorities, Tribes, and other appropriate government officials; (E) demonstrated sensitivity to local historic and cultural resources and compliance with applicable laws; (F) information that demonstrates the potential of the project to contribute to Pacific Islands plant conservation; (G) information regarding the source and amount of any matching funding available for the project; and (H) such other information as the Secretary determines appropriate. (c) Project review and approval (1) In general The Secretary shall— (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other Federal officials, as appropriate; and (B) review each project proposal to determine whether the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval The Secretary shall, after consulting with other Federal officials, as appropriate, with respect to each project proposal submitted under this section— (A) consult on the project proposal with the government of each State or territory in which such project is to be conducted; (B) after taking into consideration any comments resulting from such consultation, approve or disapprove the project proposal; and (C) provide written notification of the approval or disapproval to the individual or entity that submitted the project proposal, such other Federal officials, and each State or territory described in subparagraph (A). (d) Criteria for approval (1) In general The Secretary may approve a project proposal under this section if the project will help recover and sustain viable populations of threatened and endangered plants by assisting efforts to implement Pacific Islands plant conservation programs. (2) Priority In selecting projects for approval, the Secretary shall give priority to projects that conserve species of plants that are listed as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.). (3) Project sustainability To the maximum extent practicable, in determining whether to approve a project proposal under this section, the Secretary shall give preference to projects that are designed to ensure effective and long-term Pacific Islands plant conservation. (4) Matching funds In determining whether to approve a project proposal under this section, the Secretary shall give preference to projects for which matching funds are available. (5) Waiver The Secretary may waive the application of paragraphs (2), (3), or (4) with respect to a project if the Secretary— (A) has identified the project as of high priority; and (B) finds that such waiver is necessary to support the project. (e) Project reporting (1) In general Each individual or entity that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary determines appropriate) that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of such project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public The Secretary shall make available to the public each report submitted under paragraph (1) and any other document relating to a project for which financial assistance is provided under this title. 205. Pacific Islands Plant Conservation Fund (a) Establishment There is established in the Treasury a separate account, to be known as the Pacific Islands Plant Conservation Fund (1) amounts transferred to the Secretary for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 206; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures from fund (1) In general Subject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 204. (2) Administrative expenses Of the amounts in the Fund available for each fiscal year, the Secretary may expend the greater of 3 percent of such amounts or $80,000 to pay the administrative expenses necessary to carry out this title. (c) Investment of amounts (1) In general The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations For the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at market price. (3) Sale of obligations Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at market price. (4) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of amounts (1) In general The Secretary of the Treasury shall transfer at least monthly the amounts required to be transferred to the Fund under this section from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments The Secretary of the Treasury shall make proper adjustment in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and use of donations (1) In general The Secretary may accept for the Government a gift of any of the following to provide assistance under section 204: (A) Money. (B) An obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued. (C) Other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund. (2) Discretion to reject a gift The Secretary may reject a gift under this section when the rejection is in the interest of the Government. (3) Taxes If a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift. 206. Authorization of appropriations There are authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2024 through 2029 to carry out this title. 207. Report to Congress (a) In general Not later than January 31 of each calendar year after the date of the enactment of this title, the Secretary shall submit to Congress a report regarding the Fund and the status of species of plants in the Pacific Islands during the preceding calendar year. (b) Contents of reports Each report submitted under subsection (a) shall include with respect to the calendar year for which the report is submitted— (1) the total amount deposited into and expended from the Fund; (2) the costs associated with carrying out this title; (3) a summary of the projects for which the Secretary provided assistance under section 204 and an evaluation of such projects; and (4) an evaluation of the status of threatened and endangered populations of plants in the Pacific Islands. III Freshwater Mussel Conservation Fund Act of 2023 301. Short title This title may be cited as the Freshwater Mussel Conservation Fund Act of 2023 302. Purposes The purposes of this title are— (1) to assist in the conservation of threatened and endangered freshwater mussels and the habitats of such freshwater mussels in the United States; and (2) to support and provide financial resources for projects to conserve such freshwater mussels and the habitats of such freshwater mussels and to address other threats to the survival of such freshwater mussels. 303. Definitions In this title: (1) United States freshwater mussel conservation The term United States freshwater mussel conservation (A) protection, restoration, and management of habitats; (B) onsite research and monitoring of populations, habitats, annual reproduction, and freshwater mussel species population trends; (C) assistance in the development, implementation, and improvement of national and regional management plans; (D) enforcement and implementation of applicable conservation laws; and (E) community outreach and education. (2) Fund The term Fund (3) Freshwater mussel; freshwater mussels The terms freshwater mussel freshwater mussels (4) Secretary The term Secretary 304. United States freshwater mussel conservation assistance (a) Assistance (1) In general The Secretary shall, in consultation with other Federal officials, use amounts in the Fund to provide competitive financial assistance, including multiyear grants, for United States freshwater mussel conservation projects. (2) Use of existing authorities Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (b) Project proposals (1) Eligible applicants A project proposal for United States freshwater mussel conservation may be submitted to the Secretary under this section by a State or Tribal agency, research institution, nonprofit organization, or any other individual or entity, as determined appropriate by the Secretary, with the expertise required to carry out United States freshwater mussel conservation. (2) Federal partnership opportunities A Federal agency may not be a lead entity or receive funding for a project under this section, but may be included as a partner or collaborator on a project that receives such funding. (3) Required elements A project proposal submitted under this section shall include— (A) a statement of the purposes of the project; (B) the name of the individual or entity with overall responsibility for the project; (C) a description of— (i) the qualifications of the individual or entity that will conduct the project; (ii) methods for project implementation and outcome assessment; (iii) staffing and stakeholder engagement for the project, including mechanisms to ensure adequate local public participation in project development and implementation; (iv) the logistics of the project, including cost estimates and timelines; (v) anticipated outcomes of the project; and (vi) how the project will promote sustainable, effective, long-term programs to conserve freshwater mussels in the United States; (D) assurances that the project will be implemented in consultation with relevant wildlife management authorities, Tribes, and other appropriate government officials; (E) demonstrated sensitivity to local historic and cultural resources and compliance with applicable laws; (F) information that demonstrates the potential of the project to contribute to United States freshwater mussel conservation; (G) information regarding the source and amount of any matching funding available for the project; and (H) such other information as the Secretary determines appropriate. (c) Project review and approval (1) In general The Secretary shall— (A) solicit project proposals for assistance under this section; (B) provide a copy of each project proposal submitted in response to such solicitation to other Federal officials, as appropriate; and (C) review each such proposal on a timeline that recognizes the urgency of the declining number of freshwater mussels in the United States to determine whether the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval The Secretary shall, after consulting with other Federal officials, as appropriate, with respect to each project proposal submitted under this section— (A) consult on the project proposal with the government of each State in which the project is to be conducted; (B) after taking into consideration any comments resulting from such consultation, approve or disapprove the project proposal; and (C) provide written notification of the approval or disapproval to the individual or entity that submitted the project proposal, such other Federal officials, and each State described in subparagraph (A). (d) Criteria for approval (1) In general The Secretary may approve a project proposal under this section if the project shows promise for contributing to recovering and sustaining freshwater mussel populations in the wild in the United States. (2) Priority In selecting projects for approval, the Secretary shall give priority to projects that conserve species of freshwater mussels that are listed as a threatened or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (3) Project sustainability To the maximum extent practicable, in determining whether to approve a project proposal under this section, the Secretary shall give preference to projects that are designed to ensure effective and long-term United States freshwater mussel conservation. (4) Matching funds In determining whether to approve a project proposal under this section, the Secretary shall give preference to projects for which matching funds are available. (5) Waiver The Secretary may waive the application of paragraphs (2), (3), or (4) with respect to a project if the Secretary— (A) has identified the project as of high priority; and (B) finds that such waiver is necessary to support the project. (e) Project reporting (1) In general Each individual or entity that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary determines appropriate) that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of such project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public The Secretary shall make available to the public each report submitted under paragraph (1) and any other document relating to a project for which financial assistance is provided under this title. 305. Freshwater Mussel Conservation Fund (a) Establishment There is established in the Treasury a separate account, to be known as the Freshwater Mussel Conservation Fund (1) amounts transferred to the Secretary for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 306; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures from fund (1) In general Subject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 304. (2) Administrative expenses Of the amounts in the Fund available for each fiscal year, the Secretary may expend the greater of 3 percent of such amounts or $80,000 to pay the administrative expenses necessary to carry out this title. (c) Investment of amounts (1) In general The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations For the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at market price. (3) Sale of obligations Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at market price. (4) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of amounts (1) In general The Secretary of the Treasury shall transfer at least monthly the amounts required to be transferred to the Fund under this section from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments The Secretary of the Treasury shall make proper adjustment in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and use of donations (1) In general The Secretary may accept for the Government a gift of any of the following to provide assistance under section 304: (A) Money. (B) An obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued. (C) Other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund. (2) Discretion to reject a gift The Secretary may reject a gift under this section when the rejection is in the interest of the Government. (3) Taxes If a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift. 306. Authorization of appropriations There are authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2024 through 2029 to carry out this title. 307. Report to Congress (a) In general Not later than January 31 of each calendar year after the date of the enactment of this title, the Secretary shall submit to Congress a report regarding the Fund and the status of freshwater mussels in the United States during the preceding calendar year. (b) Contents of reports Each such report shall include with respect to the calendar year for which the report is submitted— (1) the total amount deposited into and expended from the Fund; (2) the costs associated with carrying out this title; (3) a summary of the projects for which the Secretary has provided assistance under section 304 and an evaluation of those projects; and (4) an evaluation of the status of threatened and endangered populations of freshwater mussel in the United States. IV Southwest Desert Fish Conservation Fund Act of 2023 401. Short title This title may be cited as the Southwest Desert Fish Conservation Fund Act of 2023 402. Purposes The purposes of this title are— (1) to assist in the conservation of threatened and endangered desert fish and the habitats of such desert fish in the Southwest; and (2) to support and provide financial resources for projects to conserve such desert fish and the habitats of such desert fish and to address other threats to the survival of such desert fish species. 403. Definitions In this title: (1) Southwest desert fish conservation The term Southwest desert fish conservation (A) protection, restoration, and management of habitats; (B) onsite research and monitoring of populations, habitats, annual reproduction, and desert fish species population trends; (C) assistance in the development, implementation, and improvement of national and regional management plans; (D) enforcement and implementation of applicable conservation laws; and (E) community outreach and education. (2) Fund The term Fund (3) Desert fish The term desert fish (4) Southwest The term Southwest (5) Secretary The term Secretary 404. Southwest desert fish conservation assistance (a) Assistance (1) In general The Secretary shall, in consultation with other Federal officials, use amounts in the Fund to provide competitive financial assistance, including multiyear grants, for Southwest desert fish conservation projects. (2) Use of existing authorities Assistance provided under this section shall be carried out in a manner consistent with authorities available to the Secretary under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (b) Project proposals (1) Eligible applicants A project proposal for Southwest desert fish conservation may be submitted to the Secretary under this section by a State or Tribal agency, research institution, nonprofit organization, or any other individual or entity, as determined appropriate by the Secretary, with the expertise required to carry out Southwest desert fish conservation. (2) Federal partnership opportunities A Federal agency may not be a lead entity or receive funding for a project under this section, but may be included as a partner or collaborator on a project that receives such funding. (3) Required elements A project proposal submitted under this section shall include— (A) a statement of the purposes of the project; (B) the name of the individual or entity with overall responsibility for the project; (C) a description of— (i) the qualifications of the individual or entity that will conduct the project; (ii) methods for project implementation and outcome assessment; (iii) staffing and stakeholder engagement for the project, including mechanisms to ensure adequate local public participation in project development and implementation; (iv) the logistics of the project, including cost estimates and timelines; (v) anticipated outcomes of the project; and (vi) how the project will promote sustainable, effective, long-term programs to conserve desert fish in the Southwest; (D) assurances that the project will be implemented in consultation with relevant wildlife management authorities, Tribes, and other appropriate government officials; (E) demonstrated sensitivity to local historic and cultural resources and compliance with applicable laws; (F) information that demonstrates the potential of the project to contribute to Southwest desert fish conservation; (G) information regarding the source and amount of any matching funding available for the project; and (H) such other information as the Secretary determines appropriate. (c) Project review and approval (1) In general The Secretary shall— (A) solicit project proposals for assistance under this section; (B) provide a copy of each project proposal submitted in response to such solicitation to other Federal officials, as appropriate; and (C) review each such proposal on a timeline that recognizes the urgency of the declining number of desert fish in the Southwest to determine whether the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval The Secretary shall, after consulting with other Federal officials, as appropriate, with respect to each project proposal submitted under this section— (A) consult with respect to the proposal with the government of each State in which the project is to be conducted; (B) after taking into consideration any comments resulting from such consultation, approve or disapprove the project proposal; and (C) provide written notification of the approval or disapproval to the individual or entity that submitted the proposal, such other Federal officials, and each State described in subparagraph (A). (d) Criteria for approval (1) In general The Secretary may approve a project proposal under this section if the project shows promise for contributing to recovering and sustaining desert fish populations in the wild in the Southwest. (2) Priority In selecting projects for approval, the Secretary shall give priority to projects that conserve threatened and endangered species of desert fish listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et. seq.). (3) Project sustainability To the maximum extent practicable, in determining whether to approve a project proposal under this section, the Secretary shall give preference to projects that are designed to ensure effective and long-term Southwest desert fish conservation. (4) Matching funds In determining whether to approve a project proposal under this section, the Secretary shall give preference to projects for which matching funds are available. (5) Waiver The Secretary may waive the application of paragraph (2), (3), or (4) with respect to a project if the Secretary— (A) has identified the project as of high priority; and (B) finds that such waiver is necessary to support the project. (e) Project reporting (1) In general Each individual or entity that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary determines appropriate) that include all information that the Secretary, after consultation with other government officials, determines is necessary to evaluate the progress and success of such project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public The Secretary shall make available to the public each report submitted under paragraph (1) and any other document relating to a project for which financial assistance is provided under this title. 405. Southwest Desert Fish Conservation Fund (a) Establishment There is established in the Treasury a separate account, to be known as the Southwest Desert Fish Conservation Fund (1) amounts transferred to the Secretary for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 406; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures from fund (1) In general Subject to paragraph (2), at the request of the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to carry out section 404. (2) Administrative expenses Of the amounts in the Fund available for each fiscal year, the Secretary may expend the greater of 3 percent of such amounts or $80,000 to pay the administrative expenses necessary to carry out this title. (c) Investment of amounts (1) In general The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations For the purpose of investments under paragraph (1), obligations may be acquired— (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at market price. (3) Sale of obligations Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at market price. (4) Credits to fund The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of amounts (1) In general The Secretary of the Treasury shall transfer at least monthly the amounts required to be transferred to the Fund under this section from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments The Secretary of the Treasury shall make proper adjustment in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and use of donations (1) In general The Secretary may accept for the Government a gift of any of the following to provide assistance under section 404: (A) Money. (B) An obligation of the Government included in the public debt made only on the condition that the obligation be canceled and retired and not reissued. (C) Other intangible personal property made only on the condition that the property is sold on the best terms available and the proceeds are deposited in the Fund. (2) Discretion to reject a gift The Secretary may reject a gift under this section when the rejection is in the interest of the Government. (3) Taxes If a gift received under this subsection is subject to a gift or inheritance tax, the Secretary may pay the tax out of the proceeds of the gift or the proceeds of the redemption or sale of the gift. 406. Authorization of appropriations There are authorized to be appropriated to the Secretary $5,000,000 for each of fiscal years 2024 through 2029 to carry out this title. 407. Report to Congress (a) In general Not later than January 31 of each calendar year after the date of the enactment of this title, the Secretary shall submit to Congress a report regarding the Fund and the status of desert fish in the Southwest during the preceding calendar year. (b) Contents of reports Each such report shall include with respect to the calendar year for which the report is submitted— (1) the total amount deposited into and expended from the Fund; (2) the costs associated with carrying out this title; (3) a summary of the projects for which the Secretary has provided assistance under section 404 and an evaluation of those projects; and (4) an evaluation of the status of threatened and endangered populations of desert fish in the Southwest.
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Extinction Prevention Act of 2023
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Empower Parents to Protect Their Kids Act of 2023 This bill prohibits an elementary or secondary school from receiving federal funds unless the school complies with specified requirements related to parental consent and student gender identity. Among other requirements, school employees may not withhold information from parents about a minor student's gender transition or gender identity. The Department of Justice or a parent or guardian may bring a civil action against a school for violations.
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118 S1709 IS: Empower Parents to Protect Their Kids Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1709 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Cotton Mrs. Hyde-Smith Mr. Braun Mr. Scott of Florida Committee on Health, Education, Labor, and Pensions A BILL To require elementary schools and secondary schools that receive Federal funds to obtain parental consent before facilitating a child's gender transition in any form, and for other purposes. 1. Short title This Act may be cited as the Empower Parents to Protect Their Kids Act of 2023 2. Findings Congress finds the following: (1) Some school districts are violating parental and familial rights by encouraging or instructing staff to deceive or withhold information from parents if their child is seeking to transition social gender transitions (2) Powerful teachers unions and activist organizations are pressuring more schools to adopt policies to enable children, of any age, to change their gender identity at school without parental notice or consent. (3) Contrary to the unfounded assertions of activists, socially transitioning social gender transition medical transition (4) Any policies that attempt to circumvent parental authority are a violation of parents’ constitutionally protected rights to direct the care, custody, and upbringing of their children as recognized by the Supreme Court. Further, policies that withhold information from parents or ask children about intimate details of their family life violate Federal statutes designed to uphold a parent’s rights and duties in education. School districts implementing such policies are misrepresenting or entirely ignoring these statutes and constitutional protections. (5) Schools should never be allowed to intrude on family life by misleading parents and confusing children. 3. Requirement of parental consent (a) In general No Federal funds shall be made available to any elementary school or secondary school unless the elementary school or secondary school, with respect to students enrolled at the school who have not yet reached 18 years of age, complies with each of the following requirements: (1) School employees do not proceed with any accommodation intended to affirm a student’s purported gender identity, where the student’s purported gender identity is incongruous with biological sex, or any action to facilitate a gender transition, including referral or recommendation to any third-party medical provider, unless the employees have received express parental consent to do so. (2) School employees do not facilitate, encourage, or coerce students to withhold information from their parents regarding the student’s gender transition or the student’s purported gender identity, where the student’s purported gender identity is incongruous with biological sex. (3) School employees do not withhold or hide information from parents about a student’s requested gender transition or a student’s purported gender identity, where the student’s purported gender identity is incongruous with biological sex. (4) School employees do not pressure or coerce the parents of students, or students themselves, to proceed with any treatment or intervention to affirm the student’s purported gender identity, where that gender identity is incongruous with biological sex. (b) Rules of construction Nothing in this section shall be construed— (1) to prevent a school employee from contacting appropriate legal authorities about an imminent threat to a student’s physical safety in the event that the school employee knows or has a reasonable suspicion that the student is at risk of physical abuse, as defined in section 1169 of title 18, United States Code; or (2) to deprive any parent of the right to be involved in a child’s actions or discussions about gender transition, without the due process of law. (c) Ensuring compliance (1) In general The head of each Federal agency shall require each application for Federal assistance submitted by a State educational agency or local educational agency to the head of such Federal agency— (A) to describe the steps that each elementary school and secondary school served by the State educational agency or local educational agency proposes to take to ensure compliance with the requirements under this section and how these steps preserve and protect the authority of the family; and (B) to ensure that— (i) a copy of the written policy that each elementary school and secondary school served by the State educational agency or local educational agency has to ensure compliance with the requirements under this section is provided to the head of such Federal agency and to the families of enrolled students; and (ii) each such policy is clearly and publicly posted on the website of the school. (2) Establishment of criteria The head of each Federal agency may establish criteria and provide technical assistance for meeting the requirements of this section. (d) Civil action for certain violations (1) In general A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. (2) Administrative remedies not required An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted any available administrative remedy. (3) Defendants in actions under this section may include governmental entities as well as others An action under this section may be brought against any elementary school or secondary school receiving Federal financial assistance or any governmental entity assisting an elementary school or secondary school. (4) Nature of relief In an action under this section, the court shall grant— (A) all appropriate relief, including injunctive relief and declaratory relief; and (B) to a prevailing plaintiff, reasonable attorneys’ fees and litigation costs. (5) Attorneys fees for defendant If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff. (e) Definitions In this section: (1) Biological sex The term biological sex (2) Designated violation The term designated violation (3) ESEA The terms elementary school secondary school 20 U.S.C. 7801 (4) Gender identity The term gender identity (5) Gender transition (A) In general The term gender transition (B) Medical transition The term medical transition (C) Social transition The term social transition (6) Governmental entity The term governmental entity (7) Qualified party The term qualified party (A) the Attorney General of the United States; or (B) any parent or legal guardian adversely affected by the designated violation.
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Empower Parents to Protect Their Kids Act of 2023
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Perinatal Workforce Act This bill establishes programs and requires research to diversify the perinatal workforce and advance respectful maternal care delivery models. Specifically, the Department of Health and Human Services (HHS) must award grants to education and training programs to grow and diversify the professions that make up the perinatal workforce. HHS must also disseminate guidance on respectful maternal care delivery. This guidance must cover, among other topics, recruiting and retaining maternity care providers from diverse backgrounds and incorporating trained midwives and other perinatal health workers into maternity care teams. In addition, the National Institutes of Health must study best practices for culturally and linguistically congruent maternity care. This is care that is in agreement with the preferred cultural values, beliefs, languages, worldview, and practices of health care consumers and other stakeholders. The Government Accountability Office must also report on certain aspects of perinatal health care professions. The report must focus on barriers to entering those professions for low-income and minority women.
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118 S1710 IS: Perinatal Workforce Act U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1710 IN THE SENATE OF THE UNITED STATES May 18, 2023 Ms. Baldwin Mr. Merkley Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to grow and diversify the perinatal workforce, and for other purposes. 1. Short title This Act may be cited as the Perinatal Workforce Act 2. HHS agency directives (a) Guidance to States (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall issue and disseminate guidance to States to educate providers, managed care entities, and other insurers about the value and process of delivering respectful maternal health care through diverse and multidisciplinary care provider models. (2) Contents The guidance required by paragraph (1) shall address how States can encourage and incentivize hospitals, health systems, midwifery practices, freestanding birth centers, other maternity care provider groups, managed care entities, and other insurers— (A) to recruit and retain maternity care providers, mental and behavioral health care providers acting in accordance with State law, and registered dietitians or nutrition professionals (as such term is defined in section 1861(vv)(2) of the Social Security Act ( 42 U.S.C. 1395x(vv)(2) (i) from racially, ethnically, and linguistically diverse backgrounds; (ii) with experience practicing in racially and ethnically diverse communities; and (iii) who have undergone training on implicit bias and racism; (B) to incorporate into maternity care teams— (i) midwives who meet, at a minimum, the international definition of a midwife and global standards for midwifery education as established by the International Confederation of Midwives; (ii) perinatal health workers; (iii) physician assistants; (iv) advanced practice registered nurses; and (v) lactation consultants certified by the International Board of Lactation Consultant Examiners; (C) to provide collaborative, culturally and linguistically congruent care; and (D) to provide opportunities for individuals enrolled in accredited midwifery education programs to participate in job shadowing with maternity care teams in hospitals, health systems, midwifery practices, and freestanding birth centers. (b) Study on respectful and culturally and linguistically congruent maternity care (1) Study The Secretary of Health and Human Services acting through the Director of the National Institutes of Health (in this subsection referred to as the Secretary (2) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall— (A) complete the study required by paragraph (1); (B) submit to the Congress and make publicly available a report on the results of such study; and (C) include in such report— (i) a compendium of examples of hospitals, health systems, midwifery practices, freestanding birth centers, other maternity care provider groups, managed care entities, and other insurers that are delivering respectful and culturally and linguistically congruent maternal health care; (ii) a compendium of examples of hospitals, health systems, midwifery practices, freestanding birth centers, other maternity care provider groups, managed care entities, and other insurers that have made progress in reducing disparities in maternal health outcomes and improving birthing experiences for pregnant and postpartum individuals from racial and ethnic minority groups; and (iii) recommendations to hospitals, health systems, midwifery practices, freestanding birth centers, other maternity care provider groups, managed care entities, and other insurers, for best practices in respectful and culturally and linguistically congruent maternity care. 3. Grants to grow and diversify the perinatal workforce Title VII of the Public Health Service Act is amended by inserting after section 757 ( 42 U.S.C. 294f 758. Perinatal workforce grants (a) In general The Secretary shall award grants to entities to establish or expand programs described in subsection (b) to grow and diversify the perinatal workforce. (b) Use of funds Recipients of grants under this section shall use the grants to grow and diversify the perinatal workforce by— (1) establishing accredited schools or programs that provide education and training to individuals seeking appropriate licensing and certification as— (A) physician assistants who will complete clinical training in the field of maternal and perinatal health; (B) perinatal health workers; or (C) midwives who meet, at a minimum, the international definition of a midwife and global standards for midwifery education as established by the International Confederation of Midwives; and (2) expanding the capacity of existing accredited schools or programs described in paragraph (1), for the purposes of increasing the number of students enrolled in such accredited schools or programs, such as by awarding scholarships for students (including students from racially, ethnically, and linguistically diverse backgrounds). (c) Prioritization In awarding grants under this section, the Secretary shall give priority to a school or program described in subsection (b) that— (1) has demonstrated a commitment to recruiting and retaining students and faculty from racial and ethnic minority groups; (2) has developed a strategy to recruit and retain a diverse pool of students into the school or program described in subsection (b) that is supported by funds received through the grant, particularly from racial and ethnic minority groups and other underserved populations; (3) has developed a strategy to recruit and retain students who plan to practice in a health professional shortage area designated under section 332; (4) has developed a strategy to recruit and retain students who plan to practice in an area with significant racial and ethnic disparities in maternal health outcomes, to the extent practicable; and (5) includes in the standard curriculum for all students within the school or program described in subsection (b) a bias, racism, or discrimination training program that includes training on implicit bias and racism. (d) Reporting As a condition on receipt of a grant under this section for a school or program described in subsection (b), an entity shall agree to submit to the Secretary an annual report on the activities conducted through the grant, including— (1) the number and demographics of students participating in the school or program; (2) the extent to which students in the school or program are entering careers in— (A) health professional shortage areas designated under section 332; and (B) areas with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes, to the extent such data are available; and (3) whether the school or program has included in the standard curriculum for all students a bias, racism, or discrimination training program that includes explicit and implicit bias, and if so the effectiveness of such training program. (e) Period of grants The period of a grant under this section shall be up to 5 years. (f) Application To seek a grant under this section, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including any information necessary for prioritization under subsection (c). (g) Technical assistance The Secretary shall provide, directly or by contract, technical assistance to entities seeking or receiving a grant under this section on the development, use, evaluation, and postgrant period sustainability of the school or program described in subsection (b) that is proposed to be, or is being, established or expanded through the grant. (h) Report by the Secretary Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the Congress, and post on the internet website of the Department of Health and Human Services, a report on the effectiveness of the grant program under this section at— (1) recruiting students from racial and ethnic minority groups; (2) increasing the number of health professionals described in subparagraphs (A), (B), and (C) of subsection (b)(1) from racial and ethnic minority groups and other underserved populations; (3) increasing the number of such health professionals working in health professional shortage areas designated under section 332; and (4) increasing the number of such health professionals working in areas with significant racial and ethnic disparities in maternal health outcomes, to the extent such data are available. (i) Definition In this section, the term racial and ethnic minority group (j) 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. . 4. Grants to grow and diversify the nursing workforce in maternal and perinatal health Title VIII of the Public Health Service Act is amended by inserting after section 811 of that Act ( 42 U.S.C. 296j 812. Perinatal nursing workforce grants (a) In general The Secretary shall award grants to schools of nursing to grow and diversify the perinatal nursing workforce. (b) Use of funds Recipients of grants under this section shall use the grants to grow and diversify the perinatal nursing workforce by providing scholarships to students seeking to become— (1) nurse practitioners whose education includes a focus on maternal and perinatal health; (2) certified nurse-midwives; or (3) clinical nurse specialists whose education includes a focus on maternal and perinatal health. (c) Prioritization In awarding grants under this section, the Secretary shall give priority to any school of nursing that— (1) has developed a strategy to recruit and retain a diverse pool of students seeking to enter careers focused on maternal and perinatal health, particularly students from racial and ethnic minority groups and other underserved populations; (2) has developed a partnership with a practice setting in a health professional shortage area designated under section 332 for the clinical placements of the school’s students; (3) has developed a strategy to recruit and retain students who plan to practice in an area with significant racial and ethnic disparities in maternal health outcomes, to the extent practicable; and (4) includes in the standard curriculum for all students seeking to enter careers focused on maternal and perinatal health a bias, racism, or discrimination training program that includes education on implicit bias and racism. (d) Reporting As a condition on receipt of a grant under this section, a school of nursing shall agree to submit to the Secretary an annual report on the activities conducted through the grant, including, to the extent practicable— (1) the number and demographics of students in the school of nursing seeking to enter careers focused on maternal and perinatal health; (2) the extent to which such students are preparing to enter careers in— (A) health professional shortage areas designated under section 332; and (B) areas with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes, to the extent such data are available; and (3) whether the standard curriculum for all students seeking to enter careers focused on maternal and perinatal health includes a bias, racism, or discrimination training program that includes education on implicit bias and racism. (e) Period of grants The period of a grant under this section shall be up to 5 years. (f) Application To seek a grant under this section, an entity shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including any information necessary for prioritization under subsection (c). (g) Technical assistance The Secretary shall provide, directly or by contract, technical assistance to schools of nursing seeking or receiving a grant under this section on the processes of awarding and evaluating scholarships through the grant. (h) Report by the Secretary Not later than 4 years after the date of enactment of this section, the Secretary shall prepare and submit to the Congress, and post on the internet website of the Department of Health and Human Services, a report on the effectiveness of the grant program under this section at— (1) recruiting students from racial and ethnic minority groups and other underserved populations; (2) increasing the number of advanced practice registered nurses entering careers focused on maternal and perinatal health from racial and ethnic minority groups and other underserved populations; (3) increasing the number of advanced practice registered nurses entering careers focused on maternal and perinatal health working in health professional shortage areas designated under section 332; and (4) increasing the number of advanced practice registered nurses entering careers focused on maternal and perinatal health working in areas with significant racial and ethnic disparities in maternal health outcomes, to the extent such data are available. (i) 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. . 5. GAO report (a) In general Not later than 2 years after the date of enactment of this Act and every 5 years thereafter, the Comptroller General of the United States shall submit to Congress a report on barriers to maternal health education and access to care in the United States. Such report shall include the information and recommendations described in subsection (b). (b) Content of report The report under subsection (a) shall include— (1) an assessment of current barriers to entering and successfully completing accredited midwifery education programs, and recommendations for addressing such barriers, particularly for low-income women and women from racial and ethnic minority groups; (2) an assessment of current barriers to entering and successfully completing accredited education programs for other health professional careers related to maternity care, including maternity care providers, mental and behavioral health care providers acting in accordance with State law, and registered dietitians or nutrition professionals (as such term is defined in section 1861(vv)(2) of the Social Security Act ( 42 U.S.C. 1395x(vv)(2) (3) an assessment of current barriers that prevent midwives from meeting the international definition of a midwife and global standards for midwifery education as established by the International Confederation of Midwives, and recommendations for addressing such barriers, particularly for low-income women and women from racial and ethnic minority groups; (4) an assessment of disparities in access to maternity care providers, mental or behavioral health care providers acting in accordance with State law, and registered dietitians or nutrition professionals (as such term is defined in section 1861(vv)(2) of the Social Security Act ( 42 U.S.C. 1395x(vv)(2) (5) recommendations to promote greater equity in compensation for perinatal health workers under public and private insurers, particularly for such individuals from racially and ethnically diverse backgrounds. 6. Definitions In this Act: (1) Culturally and linguistically congruent The term culturally and linguistically congruent (2) Maternity care provider The term maternity care provider (A) is a physician, physician assistant, midwife who meets at a minimum the international definition of a midwife and global standards for midwifery education as established by the International Confederation of Midwives, advanced practice registered nurse, or a lactation consultant certified by the International Board of Lactation Consultant Examiners; and (B) has a focus on maternal or perinatal health. (3) Perinatal health worker The term perinatal health worker (4) Postpartum The term postpartum (5) Racial and ethnic minority group The term racial and ethnic minority group 42 U.S.C. 300u–6(g)(1)
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Perinatal Workforce Act
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Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2023 This bill establishes a reciprocal marketing approval process that allows for the sale of a drug, biological product, or medical device that has not been approved by the Food and Drug Administration (FDA) if the product is approved for sale in another country and there is an unmet need. Specifically, in order to receive reciprocal approval, the bill requires the product's sponsor to demonstrate, among other things, that (1) the product has been approved in one of the specified countries, (2) neither the FDA nor any of the specified countries have withdrawn approval for the product because of safety or effectiveness concerns, and (3) there is a public health or unmet medical need for the product. The FDA may decline approval if the FDA determines that the product is not safe or effective. The FDA may condition reciprocal approval on the conduct of postmarket studies. The FDA must issue a decision on whether to grant a request for reciprocal marketing approval within 30 days of receiving the request. Congress may pass a joint resolution to grant reciprocal marketing approval of a product that the FDA declines to approve through the reciprocal process.
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118 S1712 IS: Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1712 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Cruz Mr. Lee Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to provide for reciprocal marketing approval of certain drugs, biological products, and devices that are authorized to be lawfully marketed abroad, and for other purposes. 1. Short title This Act may be cited as the Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2023 2. Reciprocal marketing approval for certain drugs, biological products, and devices The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524B of such Act ( 21 U.S.C. 360n–2 524C. Reciprocal marketing approval (a) In general A covered product with reciprocal marketing approval in effect under this section is deemed to be subject to an application or premarket notification for which an approval or clearance is in effect under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. (b) Eligibility The Secretary shall, with respect to a covered product, grant reciprocal marketing approval if— (1) the sponsor of the covered product submits a request for reciprocal marketing approval; and (2) the request demonstrates to the Secretary’s satisfaction that— (A) the covered product is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom; (B) absent reciprocal marketing approval, the covered product is not approved or cleared for marketing, as described in subsection (a); (C) the Secretary has not, because of any concern relating to the safety or effectiveness of the covered product, rescinded or withdrawn any such approval or clearance; (D) the authorization to market the covered product in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom has not, because of any concern relating to the safety or effectiveness of the covered product, been rescinded or withdrawn; (E) the covered product is not a banned device under section 516; and (F) there is a public health or unmet medical need for the covered product in the United States. (c) Safety and effectiveness (1) In general The Secretary— (A) may decline to grant reciprocal marketing approval under this section with respect to a covered product if the Secretary affirmatively determines that the covered product— (i) is a drug that is not safe and effective; or (ii) is a device for which there is no reasonable assurance of safety and effectiveness; and (B) may condition reciprocal marketing approval under this section on the conduct of specified postmarket studies, which may include such studies pursuant to a risk evaluation and mitigation strategy under section 505–1. (2) Report to Congress Upon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall— (A) include the denial in a list of such denials for each month; and (B) not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (d) Request A request for reciprocal marketing approval shall— (1) be in such form, be submitted in such manner, and contain such information as the Secretary deems necessary to determine whether the criteria listed in subsection (b)(2) are met; and (2) include, with respect to each country included in the list under section 802(b)(1) where the covered product is authorized to be lawfully marketed, as described in subsection (b)(2)(A), an English translation of the dossier issued by such country to authorize such marketing. (e) Timing The Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary’s receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g). (f) Labeling; device classification During the 30-day period described in subsection (e)— (1) the Secretary and the sponsor of the covered product shall expeditiously negotiate and finalize the form and content of the labeling for a covered product for which reciprocal marketing approval is to be granted; and (2) in the case of a device for which reciprocal marketing approval is to be granted, the Secretary shall— (A) classify the device pursuant to section 513; and (B) determine whether, absent reciprocal marketing approval, the device would need to be cleared pursuant to section 510(k) or approved pursuant to section 515 to be lawfully marketed under this Act. (g) Congressional disapproval of FDA orders (1) In general A decision of the Secretary to decline to grant reciprocal marketing approval under this section shall not take effect if a joint resolution of disapproval of the decision is enacted. (2) Procedure (A) In general Subject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection. (B) Terms For purposes of this subsection— (i) the reference to section 801(a)(1) (ii) the reference to section 801(a)(1)(A) (3) Effect of Congressional disapproval Reciprocal marketing approval under this section with respect to the applicable covered product shall take effect upon enactment of a joint resolution of disapproval under this subsection. (h) Applicability of relevant provisions The provisions of this Act shall apply with respect to a covered product for which reciprocal marketing approval is in effect to the same extent and in the same manner as such provisions apply with respect to a product for which approval or clearance of an application or premarket notification under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable, is in effect. (i) Fees for request For purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. (j) Outreach The Secretary shall conduct an outreach campaign to encourage the sponsors of covered products that are potentially eligible for reciprocal marketing approval to request such approval. (k) Covered product defined In this section, the term covered product .
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Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2023
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Wildfire Emergency Act of 2023 This bill provides for programs and activities in support of forest restoration, wildfire mitigation, and energy resilience. The Department of Agriculture (USDA) shall establish a pilot program under which it may enter into conservation finance agreements with public or private persons to increase the pace and scale of forest restoration and land management projects across the National Forest System. The bill provides for an increased federal cost share for conservation finance projects that would primarily benefit one or more low-income communities and for which the nonfederal entities involved cannot meet a specified cost share requirement. The Department of Energy shall establish a program to support critical facilities (e.g., hospitals), including by improving the energy resilience and power needs of critical facilities through the development and use of microgrids, renewable energy, energy efficiency, reduced electricity demand, and on-site storage. The bill expands the weatherization assistance program to support the use of fire-resistant materials. The bill directs USDA and the Department of the Interior to take actions to improve the detection and monitoring of wildfires. USDA and Interior shall establish one or more centers in western states to train individuals in methods relevant to the mitigation of wildfire risk. USDA shall establish a competitive grant program to support workforce development in forestry and fire management. USDA may issue grants to increase community capacity for land stewardship activities.
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108 S1715 IS: Wildfire Emergency Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1715 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mrs. Feinstein Mr. Padilla Mr. Daines Mr. Wyden Committee on Agriculture, Nutrition, and Forestry A BILL To direct the Secretary of Agriculture to select and implement landscape-scale forest restoration projects, to assist communities in increasing their resilience to wildfire, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Wildfire Emergency 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—Landscape-Scale Forest Restoration Sec. 101. Definitions. Sec. 102. Purpose. Sec. 103. Conservation finance agreements. Sec. 104. Report evaluating implementation. TITLE II—Increasing Community Resilience to Wildfire Sec. 201. Critical infrastructure and microgrid program. Sec. 202. Retrofits for fire-resilient communities. Sec. 203. Wildfire detection, monitoring, and analysis equipment. TITLE III—Research, Training, and Capacity Building Sec. 301. Western prescribed fire centers. Sec. 302. Innovative forest workforce development program. Sec. 303. National community capacity and land stewardship grant program. I Landscape-Scale Forest Restoration 101. Definitions In this title: (1) Conservation finance agreement The term conservation finance agreement chapter 63 (A) the term of which is not less than 2, and not more than 20, years; (B) that may provide that performance under the agreement during the second and subsequent years of the agreement is contingent on the appropriation of funds or receipt of collections; and (C) that may provide for a cancellation payment to be made to the conservation finance project developer if those appropriations are not made or collections are not received. (2) Conservation finance project The term conservation finance project (A) conducted on National Forest System land and may include land adjoining National Forest System land; (B) that would— (i) protect, restore, or improve National Forest System land; and (ii) use a conservation finance model that employs a debt financing approach that uses loaned capital from a conservation finance project investor to cover up-front project costs, with the loaned capital repaid over time by conservation finance project beneficiaries; and (C) the purpose of which is to conduct ecological restoration treatments that, at the time of selection for a conservation finance agreement under the pilot program established under section 103(a)— (i) are conducted under the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303 (ii) (I) were previously conducted under the Program described in clause (i); (II) are no longer eligible for funding under that Program due to a time limitation under subsection (b)(1)(B) or (d)(4)(B) of that section; and (III) are otherwise eligible for funding under that Program; (iii) are conducted by a water source investment partnership established under section 303(c) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6542(c) (iv) are conducted under the Joint Chiefs Landscape Restoration Partnership Program established under section 40808 of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592d (3) Conservation finance project beneficiary The term conservation finance project beneficiary (A) benefits from conservation finance project outcomes; and (B) (i) provides capital directly to fund a conservation finance project; or (ii) repays to a conservation finance project investor up-front loaned capital for a conservation finance project at a rate of return agreed to by the entity or individual and the conservation finance project investor. (4) Conservation finance project developer The term conservation finance project developer (5) Conservation finance project investor The term conservation finance project investor (6) Ecological integrity The term ecological integrity (7) Low-income community The term low-income community section 45D(e) (8) Restoration The term restoration (9) Secretary The term Secretary (10) Wildland-urban interface The term wildland-urban interface 16 U.S.C. 6511 102. Purpose The purpose of this title is to increase the pace and scale of forest restoration and land management projects across the National Forest System by— (1) authorizing a pilot program with conservation finance agreement authority to leverage other Federal and non-Federal investment (in addition to funds appropriated to the Forest Service) in landscape-scale, multistakeholder land management activities and related natural and built infrastructure and associated local employment opportunities; (2) encouraging project planning and analysis that effectively scale up to the landscape level of 100,000 acres or more; (3) supporting projects that emphasize— (A) the reintroduction of characteristic fire, based on forest ecology and reference conditions, through the use of prescribed fire, wildfire managed for resource benefits, or both; (B) restoring terrestrial and aquatic areas that lack ecological integrity; or (C) reducing the risk of uncharacteristic wildfire and improving forest resiliency; (4) requiring ecological standards and collaboration for landscape-scale projects; and (5) coordinating with Federal, State, local, and Tribal entities to support the pilot program described in paragraph (1) by taking full advantage of existing interagency agreements and authorities. 103. Conservation finance agreements (a) Pilot program authority The Secretary shall establish a pilot program under which the Secretary may enter into a conservation finance agreement with a public or private person, including a for-profit or nonprofit organization, to carry out a conservation finance project if the Secretary finds each of the following: (1) There is a reasonable expectation that, throughout the contemplated agreement period, the Secretary will request funding for the agreement at the level required to avoid agreement cancellation. (2) The environmental analysis for the project demonstrates that there is a supply sufficient to support a conservation finance agreement of— (A) small-diameter material; or (B) other hazardous fuels, the removal of which would reduce the risk of uncharacteristic wildfire. (3) The use of the conservation finance agreement will assist in achieving the purpose described in section 102. (4) The project involves a conservation finance project developer. (b) Limited delegation The Secretary may not delegate the pilot program authority under subsection (a) to a Federal official that serves under the Chief of the Forest Service. (c) Limitations The pilot program authority under subsection (a)— (1) may not be used to enter into more than 20 conservation finance agreements; (2) may be used for the obligation under conservation finance agreements of— (A) during the 10-year period beginning on the date of enactment of this Act, not more than $250,000,000 in the aggregate; and (B) not more than $50,000,000 for any 1 conservation finance agreement; and (3) may not be used to reimburse for interest paid to any other entity providing funds for the applicable conservation finance project. (d) Priority In entering into conservation finance agreements under subsection (a), the Secretary shall give priority to projects described in that subsection that are based on restoration strategies addressing larger landscapes, particularly landscapes of 100,000 acres or more. (e) Cancellation, termination, or modification for insufficient funding (1) In general (A) Insufficient funding If funds are not made available for the continuation of a conservation finance agreement made under this section into a subsequent fiscal year, the agreement shall be canceled, terminated, or modified. (B) Payment of costs If the Secretary determines that it is necessary to cancel or terminate a conservation finance agreement pursuant to subparagraph (A), and the conservation finance agreement includes a cancellation or termination provision as described in paragraph (2)(A), the Secretary may pay the costs of that cancellation or termination using any of the following amounts: (i) Appropriations originally available for the performance of the applicable conservation finance agreement. (ii) Appropriations currently available for the type of services concerned under the applicable conservation finance agreement, and not otherwise obligated. (iii) Funds appropriated for payment of the costs of cancellation or termination. (2) Provisions in agreements (A) In general The Secretary may include cancellation or termination provisions in conservation finance agreements under this section to the extent that those provisions are necessary and in the best interests of the United States. (B) Considerations The cancellation or termination provisions described in subparagraph (A) may include consideration of the recurring and nonrecurring costs of the conservation finance project developer under the applicable conservation finance agreement. (3) Cancellation and termination costs (A) In general The Secretary may obligate funds in stages that are economically or programmatically viable to cover any potential cancellation or termination costs related to the Federal share of the costs under a conservation finance agreement under paragraph (1)(B) and implement the agreement pursuant to this section. (B) Advance notice to Congress of cancellation or termination costs in excess of $25,000,000 Not later than 30 days before entering into a conservation finance agreement under this section that includes cancellation or termination costs in excess of $25,000,000, but does not include proposed funding for the costs of cancelling or terminating the agreement up to the maximum cancellation or termination costs in the agreement, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a written notice that includes— (i) a description of the cancellation or termination cost amounts proposed for each program year in the agreement; (ii) the reasons why the cancellation or termination cost amounts described under clause (i) were selected; (iii) a description of the extent to which the costs of agreement cancellation or termination are not included in the budget for the agreement; and (iv) an assessment of the financial risk of not including budgeting for the costs of agreement cancellation or termination. (C) Transmittal of notice to OMB Not later than 14 days after the date on which written notice is provided under subparagraph (B), the Secretary shall transmit a copy of the notice to the Director of the Office of Management and Budget. (D) Determination of cancellation or termination costs specific to a conservation finance agreement The Secretary may enter into a conservation finance agreement pursuant to this section that includes conservation finance project developer services in return for payments by the Secretary in future years that are contingent on the appropriation of funds, subject to the requirement that the Secretary shall pay the conservation finance project developer the Federal share of the cancellation or termination costs under the agreement pursuant to paragraph (1)(B) up to the limitation on cancellation or termination costs applicable to the agreement if funding for the completion of the agreement is not appropriated. (f) Non-Federal cost share (1) In general The non-Federal share of the costs of implementing a conservation finance agreement carried out using amounts made available under this title shall be not less than 40 percent of the costs of implementing the conservation finance agreement, of which, subject to paragraph (2)— (A) up to 50 percent may be reimbursed by the Forest Service, subject to the availability of appropriations and subsections (c)(3) and (e); and (B) not less than 50 percent shall be covered by non-Federal funding, which may include in-kind contributions. (2) Cost share for low-income communities In the case of a conservation finance project that the Secretary determines would primarily benefit 1 or more low-income communities and for which the non-Federal entities involved cannot meet the cost share requirement under paragraph (1)— (A) subparagraph (A) of that paragraph shall be applied by substituting 75 percent 50 percent (B) subparagraph (B) of that paragraph shall be applied by substituting 25 percent 50 percent (3) Savings provision Nothing in this subsection limits additional non-Federal financing or funding for a conservation finance project above the 40 percent minimum non-Federal cost share described in paragraph (1). (g) Stewardship end result contracting project authorities A conservation finance agreement developed under this section may incorporate the authorities provided to the Secretary and the Chief of the Forest Service to enter into stewardship contracting projects under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c 104. Report evaluating implementation Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report evaluating the implementation of this title, including— (1) a list of conservation finance agreements entered into under this title and the accomplishments under the projects carried out under those agreements; and (2) an evaluation of the pilot authority for conservation finance agreements described in section 103, including whether that authority has— (A) increased the availability of non-Federal funding sources to assist in landscape-scale forest restoration projects; (B) promoted private or other non-Federal investment in— (i) new or existing infrastructure and related equipment that can make use of the byproducts of forest restoration; (ii) the use of prescribed fire at a greater scale; (iii) related economic development and workforce training and development; (iv) land management activities enhancing natural infrastructure with benefits for downstream water users; or (v) mitigating the risk of uncharacteristic wildfire; and (C) any barriers limiting the broader use or implementation of the pilot project authority to additional projects, including risks that may discourage further participation and investment by outside parties. II Increasing Community Resilience to Wildfire 201. Critical infrastructure and microgrid program (a) Definitions In this section: (1) Critical facility (A) In general The term critical facility (i) to save lives; (ii) to protect property, public health, and public safety; or (iii) to lessen or avert the threat of a catastrophe. (B) Inclusions The term critical facility (i) a hospital; (ii) an outpatient clinic; (iii) a nursing home; (iv) a police station; (v) an emergency operation center; (vi) a jail or prison; (vii) a fire station; (viii) a facility in the communications sector, as determined by the Secretary; (ix) a facility in the chemical sector, as determined by the Secretary; (x) a school or other large building that may serve as a temporary gathering space; (xi) a utility station, such as a water station, wastewater station, community water system, or irrigation works; (xii) a facility described in subparagraph (A) that is owned or operated by, or provides services to, an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (xiii) a Federal facility, including a military base or installation; and (xiv) any other facility described in subparagraph (A), as determined by the Secretary. (2) Secretary The term Secretary (b) Critical infrastructure and microgrid program (1) In general The Secretary shall establish a program— (A) to improve the energy resilience and power needs of critical facilities through the development and use of microgrids, renewable energy, energy efficiency, reduced electricity demand, and on-site storage; (B) to improve the energy efficiency of critical facilities by decreasing the size and cost of generators; (C) to provide technical assistance and facilitate the distribution and sharing of information to develop more resilient electricity systems (including bulk systems and localized systems); and (D) to promulgate consumer-facing information and resources to inform the public on best practices and resources related to increasing resilience of electricity systems and reducing the impacts of extreme weather events on electricity systems. (2) Requirements In carrying out the program established under paragraph (1), the Secretary shall ensure, with respect to critical facilities— (A) provision of on-site back-up power with renewable resources, low-carbon liquid fuels, and on-site energy storage technologies; and (B) installation, at the transmission and distribution level, of interoperable technologies, advanced power flow control, dynamic line rating, topology optimization, and communications systems. (3) Interested party input In establishing the program under paragraph (1), the Secretary shall seek the input of State energy regulators, electric utilities (as defined in section 3 of the Federal Power Act ( 16 U.S.C. 796 (c) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary $100,000,000 to carry out this section, to remain available until expended. (2) Administrative costs Of the amount used to carry out this section, not more than 10 percent shall be used for salaries and expenses, administrative management, and oversight of the program established under subsection (b)(1). 202. Retrofits for fire-resilient communities (a) Definition of weatherization materials Section 412(9) of the Energy Conservation and Production Act ( 42 U.S.C. 6862(9) (1) in subparagraph (I), by striking and (2) by redesignating subparagraph (J) as subparagraph (K); and (3) by inserting after subparagraph (I) the following: (J) materials that are resistant to high heat and fire; and . (b) Weatherization program (1) In general Section 413(b)(6) of the Energy Conservation and Production Act ( 42 U.S.C. 6863(b)(6) (A) in subparagraph (C), by striking and (B) in subparagraph (D), by striking the period at the end and inserting ; and (C) by adding at the end the following: (E) owners of such dwelling units shall use fire- and drought-resistant building materials, including mass timber, and incorporate wildfire and drought prevention and mitigation planning, as directed by the State. . (2) Limitations Section 415(c) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c) (A) in paragraph (1)— (i) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and indenting appropriately; (ii) in the matter preceding clause (i) (as so redesignated), in the second sentence, by striking Labor to— (B) Labor and weatherization materials Labor, weatherization materials, and related matter described in subparagraph (A) includes— ; (iii) by striking (c)(1) Except (c) Financial assistance (1) Average cost (A) In general Except ; (iv) in subparagraph (A) (as so designated)— (I) by striking exceed an average of $6,500 exceed— (i) an average of $13,000 (adjusted annually for inflation) ; (II) in clause (i) (as so designated), by striking the period at the end and inserting ; or (III) by adding at the end the following: (ii) another average amount that is greater than the amount described in clause (i), if the Secretary determines it necessary to waive or adjust the average amount established under that clause. ; and (v) in subparagraph (B) (as so designated)— (I) in clause (iv) (as so redesignated), by striking , and ; and (II) in clause (v) (as so redesignated), by adding a period at the end; and (B) in paragraph (4), by striking $3,000 $6,000 (adjusted annually for inflation) 203. Wildfire detection, monitoring, and analysis equipment (a) In general Title VI of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 et seq. 607. Wildfire detection, monitoring, and analysis equipment To the extent practicable, the Secretary of Agriculture and the Secretary of the Interior shall— (1) expedite the placement of wildfire detection equipment, such as sensors, cameras, and other relevant equipment, in areas at risk of wildfire; (2) expand the use of satellite and remote sensing data and mobile technologies to assist wildfire response, management, and firefighter safety through improved situational awareness; (3) expedite any permitting required by the Secretary of Agriculture or the Secretary of the Interior for the installation, maintenance, or removal of wildfire detection equipment; (4) review permitting described in paragraph (3) and procurement requirements for wildfire detection equipment within the context of modern and innovative technology; (5) pursuant to the OPEN Government Data Act (title II of Public Law 115–435 (6) utilize new and existing technologies to analyze performance measurements and suppression effectiveness of wildland fire incidents. . (b) Technical amendment The table of contents for the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6501 Public Law 108–148 Sec. 607. Wildfire detection, monitoring, and analysis equipment. . III Research, Training, and Capacity Building 301. Western prescribed fire centers (a) In general The Secretary of Agriculture and the Secretary of the Interior (referred to in this section as the Secretaries center (b) Host institutions The 1 or more centers shall be— (1) located at 1 or more institutions of higher education; or (2) developed in collaboration with 1 or more institutions of higher education. (c) Goals The 1 or more centers shall advance the following goals: (1) Training individuals and conducting research on prescribed fire methods and other restoration methods relevant to the mitigation of wildfire risk. (2) Developing and advancing interdisciplinary science relating to wildfire, including social science and human dimensions of wildfire, in consultation with stakeholders who— (A) need that science; (B) will benefit from the outcomes of that science; and (C) will coordinate with 1 or more other centers in developing and advancing that science. (3) Conducting ongoing and forward-looking needs assessments among stakeholders, including Federal and State agencies and Indian Tribes, to determine common need requirements and emerging challenges to reduce wildfire risk and adapt communities to increased risk from wildfire, including the following hazard-related focus areas: (A) Increasing disaster resilience. (B) Mitigation and management methods. (C) Air quality. (D) Firestorm weather forecasting and burn-area debris flow forecasting, including empirical and modeling research. (4) Collaborating with Federal wildfire scientists at the Forest Service, the Department of the Interior, and other related agencies. (5) Identifying, through a detailed engagement process targeting defined end-users, the requirements and delivery mechanisms for products and services that are practical and will have an impact on mitigating wildfire risk. (6) Promoting technology transfer with pathways for dissemination, implementation, and application of research results on the ground, using and enhancing previous research. (7) Ensuring the connectivity and interoperability of distributed services to maximize synergies and benefits across services. (8) Developing open digital infrastructure to make research data, science, and models open for all sectors to use. (9) Understanding the effectiveness of historical and current wildfire management and suppression strategies, including on wildfires that start in wilderness areas, wilderness study areas, or inventoried roadless areas. (d) Location (1) In general The 1 or more centers shall be located in any State the entirety of which is located west of the 100th meridian. (2) Consultation The Secretaries shall consult with the Joint Fire Science Program to solicit and evaluate proposals for the location of the 1 or more centers. (3) Selection Not later than 1 year after the date of enactment of this Act, based on the consultation under paragraph (2), the Secretaries shall select a location for the 1 or more centers. 302. Innovative forest workforce development program (a) Definitions In this section: (1) Career in forestry and fire management The term career in forestry and fire management (A) in timber operations; (B) as a registered professional forester; (C) in vegetation treatment, including as a member of a hand crew, a machine operator, and in conducting prescribed fires as part of a fire restoration workforce that is capable of conducting large landscape restorative and maintenance prescribed fires; (D) in ecological restoration, including restoration of watersheds; (E) in wildland fire fighting; and (F) in community fire resilience, including workforce development projects. (2) Forestry and fire management The term forestry and fire management (3) Secretary The term Secretary (b) Grants authorized The Secretary shall establish a competitive grant program— (1) to assist in the development and utilization of innovative activities relating to workforce development in forestry and fire management and opportunities for careers in forestry and fire management; and (2) to expand public awareness about forestry and fire management and connect individuals to careers in forestry and fire management. (c) Selection of grant recipients In awarding grants under subsection (b), the Secretary shall, to the extent practicable, select nonprofit professional or service organizations, labor organizations, State agencies, community colleges, institutions of higher education, or other training and educational institutions— (1) that have qualifications and experience— (A) in the development of training programs and curricula relevant to the workforce needs of forestry and fire management; (B) working in cooperation with forestry and fire management; or (C) developing public education materials appropriate for communicating with groups of various ages and educational backgrounds; and (2) that will address the human resources and workforce needs of forestry and fire management. (d) Use of funds Grants awarded under subsection (b) may be used for activities such as— (1) targeted internships, apprenticeships, pre-apprenticeships, and post-secondary bridge programs for skilled forestry and fire management trades that provide— (A) on-the-job training; (B) skills development; (C) test preparation for skilled trade apprenticeships; (D) advance training in forestry and fire management relating to jobs as forest restorationists, members of hand crews, wildland fire fighters, machine operators, licensed timber operators, registered professional foresters, ecologists, biologists, or workers in construction in support of resilient infrastructure, including residential buildings; or (E) other support services to facilitate post-secondary success; (2) education programs designed for elementary, secondary, and higher education students that— (A) inform people about the role of forestry, vegetation management, and ecological restoration in the communities of those people; (B) increase the awareness of opportunities for careers in forestry and fire management and exposure of students to those careers through various work-based learning opportunities inside and outside the classroom; and (C) connect students to pathways to careers in forestry and fire management; (3) the development of a model curriculum and related vocational programs to be adopted by community colleges, which, to the extent practicable and feasible, shall— (A) provide professional training in implementing prescribed fire projects, including the knowledge and skills necessary to plan and implement broad-scale surface and ladder fuel treatments within the wildland-urban interface, wildlands, and urbanized areas, as appropriate; (B) include a focus on the ecological concerns, economics, and practices necessary to improve community safety and forest resilience; and (C) train students in— (i) the retrofitting of houses, including the use of fire-resistant materials and the maintenance of defensible space; (ii) urban forestry; and (iii) policies or guidance relating to the management of vegetation near utility infrastructure and relevant portions of electric utility wildfire mitigation plans; (4) regional industry and workforce development collaborations, including the coordination of candidate development, particularly in areas of high unemployment; (5) integrated learning laboratories in secondary educational institutions that provide students with— (A) hands-on, contextualized learning opportunities; (B) dual enrollment credit for post-secondary education and training programs; and (C) direct connection to industry or government employers; and (6) leadership development, occupational training, mentoring, or cross-training programs that ensure that workers are prepared for high-level supervisory or management-level positions. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary. 303. National community capacity and land stewardship grant program (a) Definitions In this section: (1) Community capacity The term community capacity (2) Disadvantaged community The term disadvantaged community (A) a low-income community (as defined in section 45D(e) (B) a community that includes a significant population that has been systematically denied a full opportunity to participate in aspects of economic, social, and civic life based on a particular characteristic, such as Black, Latino, Indigenous, and Native American persons, Asian Americans, Pacific Islanders, and other persons of color. (3) Eligible entity The term eligible entity (A) An organization described in section 501(c) (B) A collaborative group fiscally sponsored by an organization described in subparagraph (A). (C) A unit of local government. (D) An Indian Tribe. (E) A special district government, as defined by the Director of the Bureau of the Census. (4) Ecological integrity The term ecological integrity (5) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (6) Land stewardship activity The term land stewardship activity (A) Planning. (B) Collaboration and building community support. (C) Implementation on land other than National Forest System land. (D) Monitoring, including multiparty monitoring, and adaptive management. (7) Qualifying project The term qualifying project (A) Restoration of the ecological integrity of a forest, meadow, grassland, prairie, or other habitat. (B) Tribal management for aligned cultural and ecological values. (C) Enhancing community wildfire resilience in the wildland-urban interface. (D) Increasing equitable access to environmental education and volunteerism opportunities. (8) Restoration The term restoration (9) Secretary The term Secretary (A) the regional offices of the State and Private Forestry Deputy Area of the Forest Service; and (B) as appropriate, regional offices of other Deputy Areas of the Forest Service. (b) Purpose The purpose of this section is to support increasing community capacity, partnerships, and collaborations within and involving disadvantaged communities for land stewardship activities and restoration of ecological integrity on— (1) National Forest System land; (2) national grasslands; and (3) adjacent private, State, and trust land associated with the health and resilience of land described in paragraphs (1) and (2). (c) Administration (1) In general The Secretary may issue grants to eligible entities for increasing community capacity for land stewardship activities and related activities based on the criteria described in subsection (d). (2) Federal cost-share (A) In general The Secretary may fund up to 100 percent of the cost of land stewardship activities and related activities carried out using a grant issued under paragraph (1). (B) Matching eligibility A grant issued under this section may be considered a non-Federal matching contribution from the eligible entity that received the grant towards other sources of Federal funding. (3) Duration The Secretary may issue a grant under paragraph (1) for a period of 1 or more years. (4) Maximum grant amount The amount of a grant issued under paragraph (1) shall be not more than $50,000 per year. (5) Applicable laws The Secretary shall administer grants under paragraph (1) in accordance with all applicable Federal and State laws. (d) Criteria for awarding grants (1) In general Subject to paragraph (2), the Secretary shall award grants to eligible entities under subsection (c)(1) on a competitive basis in accordance with the following criteria: (A) The extent to which the proposed land stewardship activities benefit units of the National Forest System and national grasslands over the short and long term. (B) The extent to which valuable ecological, economic, and social benefits to disadvantaged communities, including job creation and business development or retention, are likely to result from the scope of the land stewardship activities. (C) The extent to which the grant would benefit disadvantaged communities that have historically received less investment in collaborative capacity. (D) The extent to which the proposal brings together diverse interests through planning, collaboration, implementation, or monitoring of land stewardship activities to benefit units of the National Forest System or national grasslands. (E) The extent to which the grant funds appear to be critical for the success of the eligible entity and the identified land stewardship activities. (F) The extent to which the budget for the land stewardship activities is reasonable given the anticipated outcomes. (2) Set-aside for Indian Tribes The Secretary shall allocate not less than 10 percent of the funding awarded under this section to Indian Tribes or eligible entities representing Indian Tribes. (e) Annual reviews (1) In general The Secretary shall establish and maintain an advisory panel composed of not more than 15 members to provide feedback each year to each regional office of the State and Private Forestry Deputy Area of the Forest Service on the extent to which the implementation of this section by the regional office is fulfilling the purpose described in subsection (b). (2) Inclusions The advisory panel established under paragraph (1) shall include representation from a diversity of public land stakeholders from across interest groups, including— (A) not fewer than 8 members representing the interests of a diversity of disadvantaged communities; and (B) not fewer than 2 members representing not fewer than 2 Indian Tribes. (3) Exemption The advisory panel established under paragraph (1) shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). (f) Report evaluating program implementation (1) In general Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report evaluating the implementation of this section, including— (A) a list of the eligible entities and land stewardship activities selected for funding under this section and the accomplishments of those activities; and (B) an evaluation of the extent to which the implementation of this section is fulfilling the purpose described in subsection (b). (2) Consultation; contracting In preparing the report under paragraph (1), the Secretary— (A) shall consult with the advisory panel established under subsection (e)(1); and (B) may contract with a third party to complete an evaluation of the implementation of this section to inform the report. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2023 through 2027. (2) Distribution The Secretary shall distribute amounts made available under paragraph (1) to the regional offices of the State and Private Forestry Deputy Area and, as appropriate, regional offices of other Deputy Areas, of the Forest Service to administer the grants under this section. (3) Administrative costs Not more than 10 percent of any amounts made available to carry out this section may be used for administrative management and program oversight.
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Wildfire Emergency Act of 2023
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Primacy Certainty Act of 2023 This bill modifies provisions of the underground injection control program established under the Safe Drinking Water Act related to the review of state applications to obtain responsibility for regulating Class VI wells, which are used to store captured carbon. The bill sets forth a process to give states primary enforcement responsibility for such wells if the Environmental Protection Agency (EPA) fails to meet specified deadlines. In addition, the bill prohibits the EPA from conditioning the approval of state applications on the inclusion of provisions that are not included in the applications or not explicitly required by the Safe Drinking Water Act.
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118 S1718 IS: Primacy Certainty Act of 2023 U.S. Senate 2023-05-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1718 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Sullivan Ms. Lummis Mr. Ricketts Committee on Environment and Public Works A BILL To amend the Safe Drinking Water Act to clarify the requisite timeline for making a decision on the approval or disapproval of a State underground injection control program, and for other purposes. 1. Short title This Act may be cited as the Primacy Certainty Act of 2023 2. State primary enforcement responsibility for Class VI wells (a) Amendments Section 1422(b) of the Safe Drinking Water Act ( 42 U.S.C. 300h–1(b) (1) in paragraph (2)— (A) by striking (2) Within ninety days (2) Required timeline (A) In general Within 90 days ; and (B) by adding at the end the following: (B) Notice related to State primary enforcement responsibility for Class VI wells (i) Definition of Class VI well In this subparagraph, the term Class VI well 42 U.S.C. 300h–9(a) (ii) Notice to State If the Administrator does not approve, disapprove, or approve in part and disapprove in part the State's underground injection control program for Class VI wells by not later than 180 days after the date on which the application of the State is submitted under paragraph (1)(A) or notice of the State is submitted under paragraph (1)(B), the Administrator shall transmit to the State, in writing, a detailed explanation that describes— (I) the status of the review of the application or notice, as applicable; (II) the reason for which a decision with respect to that application or notice has not yet been made; and (III) an itemized list of specific deficiencies with the application or notice to be addressed to receive approval of that application or notice, in accordance with the requirements of this title. (iii) Automatic approval for Class VI wells (I) In general If the Administrator has not approved, disapproved, or approved in part and disapproved in part a complete application submitted under paragraph (1)(A) or notice submitted under paragraph (1)(B) of a State's underground injection control program to regulate Class VI wells in writing by not later than the date that is 30 days after the end of the 180-day period described in clause (ii), that application or notice shall be considered approved by the Administrator if the State has established and implemented a primary enforcement authority program for 1 or more other classes of underground injection control wells (including adequate recordkeeping and reporting) to prevent underground injection that endangers drinking water sources. (II) Determination of completeness (aa) Deadline The Administrator shall determine whether an application submitted under paragraph (1)(A) or notice submitted under paragraph (1)(B) is complete for purposes of subclause (I), and provide notice to the State of any deficiencies in that application or notice, by not later than 10 days after the date on which the State submits the application or notice. (bb) Failure to make determination concerning completeness of Class VI primacy application or notice If the Administrator has not made a determination under item (aa) by the end of the 10-day period described in that subclause, on request of the State that submitted the application or notice, the application or notice shall be considered administratively complete. (C) Pending permits and applications for Class VI wells With respect to Class VI wells (as defined in subparagraph (B)(i)) and the efforts of a State to obtain from the Administrator primary enforcement responsibility of Class VI wells (as so defined), following the approval of an application under paragraph (1)(A) or notice under paragraph (1)(B) for a State, the Administrator shall, as expeditiously as possible— (i) render a decision on any pending permits or applications for the operation of Class VI wells (as so defined) in the State prior to that State assuming primary enforcement responsibility for Class VI wells (as so defined); and (ii) transfer to that State all pending permits, applications, and other information relevant to operating an underground injection control program to regulate Class VI wells (as so defined) not already in possession of the State following that State assuming primary enforcement responsibility for Class VI wells (as so defined). (D) Grounds for denial of Class VI well applications A denial or approval in part and disapproval in part with respect to an application or notice of a State to operate an underground injection control program to regulate Class VI wells (as defined in subparagraph (B)(i)) shall be based solely on a finding by the Administrator that the State does not meet the criteria described in paragraph (1)(A). (E) No conditions for decisions The Administrator shall not condition the approval of an application or notice of a State to operate an underground injection control program to regulate Class VI wells (as defined in subparagraph (B)(i)) on the inclusion of— (i) provisions not otherwise included in the application or notice on the date of submission; or (ii) any other provision not otherwise explicitly required by this title. ; and (2) by adding at the end the following: (4) Preapplication activities for Class VI wells With respect to Class VI wells (as defined in paragraph (2)(B)(i)) and the efforts of a State to obtain from the Administrator primary enforcement responsibility of Class VI wells (as so defined), the Administrator, acting through the individual designated under paragraph (5), shall work as expeditiously as possible with States to complete any necessary activities prior to the submission of an application under paragraph (1)(A) or notice under paragraph (1)(B), taking into consideration the need for a thorough and detailed application or notice, as applicable. (5) Application coordination for Class VI wells With respect to underground injection control programs of States, or portions of underground injection control programs of States, that regulate Class VI wells (as defined in paragraph (2)(B)(i)), the Administrator shall designate 1 individual to be responsible for coordinating for each State— (A) in accordance with paragraph (4), the completion of any necessary activities prior to the submission of an application submitted under paragraph (1)(A) or notice submitted under paragraph (1)(B); (B) the review of an application submitted under paragraph (1)(A) or notice submitted under paragraph (1)(B); and (C) the hiring of any additional staff necessary to carry out subparagraphs (A) and (B). (6) Evaluation of resources Not later than 90 days after the date of enactment of this paragraph, the Administrator, in consultation with the individual designated under paragraph (5), shall submit to the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report that describes— (A) the availability of staff and resources to promptly carry out the requirements of the amendments made by section 2(a) of the Primacy Certainty Act of 2023 (B) any funding necessary to promptly carry out the requirements of the amendments made by section 2(a) of the Primacy Certainty Act of 2023 . (b) Use of IIJA funds (1) Use for report Amounts made available to carry out section 40306(b) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 300h–9(b) 42 U.S.C. 300h–1(b) (2) Conforming amendment Section 40306(b) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 300h–9(b) (including carrying out paragraph (6) of section 1422(b) of the Safe Drinking Water Act ( 42 U.S.C. 300h–1(b) Primacy Certainty Act of 2023 2010)) (c) Rules of construction (1) Definitions In this subsection: (A) Administrator The term Administrator (B) Class VI well The term Class VI well 42 U.S.C. 300h–9(a) (2) Ability to deny or withdraw state primary enforcement responsibility Nothing in the amendments made by this section limits the ability of the Administrator— (A) to deny an application under paragraph (1)(A) of subsection (b) of section 1422 of the Safe Drinking Water Act ( 42 U.S.C. 300h–1 (B) to revoke primary enforcement responsibility in accordance with that Act ( 42 U.S.C. 300f et seq. (3) Applicability to new submissions The amendments made by this section shall apply to all applications under paragraph (1)(A) of subsection (b) of section 1422 of the Safe Drinking Water Act ( 42 U.S.C. 300h–1 (4) Applicability to prior submissions With respect to applications under paragraph (1)(A) of section 1422(b) of the Safe Drinking Water Act ( 42 U.S.C. 300h–1(b) (A) the 180-day period described in paragraph (2)(B)(ii) of that section shall begin on the date of enactment of this Act; and (B) the Administrator shall process and make decisions, pursuant to the requirements of this Act and the amendments made by this Act, on those applications and notices in the order in which the applications and notices were submitted.
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Primacy Certainty Act of 2023
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No Mask Mandates Act of 2023 This bill nullifies existing federal mask mandates and prohibits future actions to require individuals to wear face masks to respond to COVID-19 and other public health emergencies. Specifically, the bill nullifies the executive order issued on January 20, 2021, that addresses the use of face masks in federal buildings and on federal lands; and the emergency order issued by the Centers for Disease Control and Prevention on January 29, 2021, that required the use of face masks on public transportation conveyances and in transportation hubs until the order was struck down by a court on April 18, 2022. In addition, the bill prohibits (1) federal agencies or offices from issuing any future orders that mandate face masks or using previously appropriated federal funds to implement or enforce masking requirements to respond to COVID-19, and (2) the Department of Health and Human Services from requiring face masks in response to any declared public health emergency.
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118 S172 IS: No Mask Mandates Act of 2023 U.S. Senate 2023-01-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 172 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Cruz Committee on Health, Education, Labor, and Pensions A BILL To terminate any existing mask mandates imposed by the Federal Government, to prevent the implementation of new mask mandates, to preserve individual liberty, and for other purposes. 1. Short title This Act may be cited as the No Mask Mandates Act of 2023 2. Termination of face mask orders (a) Termination Effective on the date of enactment of this Act, the following shall be void and have no force or effect: (1) Executive Order 13991 (86 Fed. Reg. 7045), issued on January 20, 2021. (2) The order issued by the Centers for Disease Control and Prevention on January 29, 2021, pursuant to section 361 of the Public Health Service Act ( 42 U.S.C. 264 (b) No authority To issue subsequent orders Notwithstanding any other provision of law, no Federal agency or office may issue an order requiring persons to wear face masks in response to COVID–19. (c) No authority To issue mandates in response to a public health emergency Section 361 of the Public Health Service Act ( 42 U.S.C. 264 (f) Nothing in this section authorizes the Secretary to require persons to wear face masks in response to a public health emergency declared under section 319. . 3. Restrictions on the use of previously appropriated funds Notwithstanding any other provision of law, no funds previously appropriated by Congress may be used by any executive agency or department of the United States to develop, implement, or otherwise enforce any Federal rule, regulation, or order requiring persons to wear masks in response to COVID–19.
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No Mask Mandates Act of 2023
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