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MTSU Fall 2024 Software Engineering 14

Bicycle Commuter Act of 2023 This bill reinstates and expands the tax exclusion for employer-provided fringe benefits for bicycle commuting. It allows employees a bicycle commuting benefit equal to 30% of parking fringe benefits. The bill repeals the suspension period (2018-2025) applicable to such tax exclusion and revises definitions applicable to bicycle commuting benefits to make electric bicycles and certain scooters eligible for the tax exclusion.

118 S1724 IS: Bicycle Commuter 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. 1724 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Brown Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify employer-provided fringe benefits for bicycle commuting. 1. Short title This Act may be cited as the Bicycle Commuter Act of 2023 2. Reinstatement and expansion of employer-provided fringe benefits for bicycle commuting (a) Repeal of suspension of exclusion for qualified bicycle commuting benefits Section 132(f) (b) Expansion of bicycle commuting benefits Section 132(f)(5)(F) of such Code is amended to read as follows: (F) Definitions related to bicycle commuting benefits (i) Qualified bicycle commuting benefit The term qualified bicycle commuting benefit (I) any employer reimbursement during the 15-month period beginning with the first day of such calendar year for reasonable expenses incurred by the employee during such calendar year for the purchase (including associated finance charges), lease, rental (including a bikeshare), improvement, repair, or storage of qualified commuting property, or (II) the direct or indirect provision by the employer to the employee during such calendar year of the use (including a bikeshare), improvement, repair, or storage of qualified commuting property, if the employee regularly uses such qualified commuting property for travel between the employee’s residence, place of employment, a qualified parking facility, or a mass transit facility that connects the employee to their residence or place of employment. (ii) Qualified commuting property The term qualified commuting property (I) any bicycle (other than a bicycle equipped with any motor), (II) any electric bicycle, (III) any 2- or 3-wheel scooter (other than a scooter equipped with any motor), and (IV) any 2- or 3-wheel scooter propelled by an electric motor if such motor does not provide assistance if the speed of such scooter exceeds 20 miler per hour (or if the speed of such scooter is not capable of exceeding 20 miles per hour) and the weight of such scooter does not exceed 100 pounds. (iii) Electric bicycle The term electric bicycle (I) does not provide such assistance if the bicycle is moving in excess of 20 miler per hour, or (II) if such motor only provides such assistance when the rider is pedaling, does not provide such assistance if the bicycle is moving in excess of 28 miles per hour. (iv) Bikeshare The term bikeshare . (c) Limitation on exclusion Section 132(f)(2)(C) of such Code is amended to read as follows: (C) 30 percent of the dollar amount in effect under subparagraph (B) per month in the case of any qualified bicycle commuting benefit. . (d) No constructive receipt Section 132(f)(4) of such Code is amended by striking (other than a qualified bicycle commuting reimbursement) (e) Conforming amendments (1) Section 132(f)(1)(D) of such Code is amended by striking reimbursement benefit (2) Section 274(l) of such Code is amended by striking paragraph (2). (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022.

Bicycle Commuter Act of 2023

Red Tape Reduction Act of 2023 This bill modifies the reporting requirements for payments made in settlement of payment card and third party network transactions. Under current law, settlement organizations are not required to report information for transactions that do not exceed $600. This bill increases the reporting threshold so that settlement organizations are exempt from reporting requirements if the applicable transactions do not exceed $10,000, or there are no more that 50 such transactions.

118 S1725 IS: Red Tape Reduction 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. 1725 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Brown Mr. Cassidy Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the exception for de minimis payments by third party settlement organizations. 1. Short title This Act may be cited as the Red Tape Reduction Act of 2023 2. Modification of exception for de minimis payments by third party settlement organizations (a) In general Subsection (e) of section 6050W any participating payee if (1) the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions does not exceed $10,000, or (2) the aggregate number of such transactions does not exceed 50. . (b) Effective date The amendment made by this section shall apply to transactions settled after December 31, 2023.

Red Tape Reduction Act of 2023

Dark Web Interdiction Act of 2023 This bill establishes enhanced criminal penalties for distributing controlled substances via the dark web. It also establishes other programs and requirements to address the use of the dark web for illicit drug activities. (Dark web means the portions of the internet with hidden sites and services that (1) are not generally searchable, and (2) can only be accessed with specialized devices or services that conceal the identities and locations of users.) Specifically, the bill provides an enhanced criminal penalty for delivering, distributing, or dispensing controlled substances via the dark web. The bill also provides statutory authority for the Joint Criminal Opioid and Darknet Enforcement Task Force, which supports the investigation and prosecution of drug offenses committed via the dark web domestically and internationally. In addition, the Department of Justice must report on how and to what extent virtual currencies are used for opioid distribution via the dark web.

118 S1728 IS: Dark Web Interdiction 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. 1728 IN THE SENATE OF THE UNITED STATES May 18, 2023 Ms. Hassan Mr. Cornyn Committee on the Judiciary A BILL To prohibit the delivery of opioids by means of the dark web, and for other purposes. 1. Short title This Act may be cited as the Dark Web Interdiction Act of 2023 2. Findings and sense of Congress (a) Findings Congress finds the following: (1) The dark web is made up of websites and other network services that leverage overlay networks providing anonymity. These overlay networks use the internet but require specific software and configurations to access. The overlay networks use multiple encrypted traffic relays for which an individual relay computer knows its source of information and where the individual computer is sending the information but never knows both the original source and ultimate destination of the traffic simultaneously. This anonymity has provided criminals with the ability to host illicit material in a way that circumvents the ability of law enforcement agencies to serve legal process to remove or effectively investigate websites offering illegal content or goods for purchase or sharing. (2) Dark web marketplaces include e-commerce websites based on the dark web on which individuals use virtual currencies to engage in transactions involving drugs, weapons, malware, counterfeit currency, stolen credit cards, personal identifying information, forged documents, unlicensed pharmaceuticals, and other illicit goods. (3) Due to the anonymity provided by the dark web, illicit activities can be hosted from anywhere in the world without accountability to— (A) the Federal Government; (B) Federal laws; or (C) any other government or system of laws. (4) The use of the dark web to distribute illegal drugs has contributed and continues to contribute to the substance abuse crisis that is devastating communities across the United States. This devastation is due in large part to the fact that the dark web has made illicit goods obtainable anonymously. (5) Law enforcement agencies at every level of government continue to investigate drug trafficking and the sale of illegal goods and services through the dark web that occurs as a result of interactions on the dark web, both within the United States and at the international border of the United States, but the increased anonymity the internet provides has made it more difficult to identify and prosecute the individuals and organizations who— (A) administer or otherwise operate websites on the dark web that facilitate the distribution of illegal drugs, goods, or services; or (B) buy and sell illegal drugs, goods, or services through illicit marketplaces hosted on the dark web. (6) Despite difficulties in identifying and locating individuals and organizations who engage in drug trafficking on the dark web, law enforcement agencies have been effective in investigating and prosecuting the distribution of illegal drugs through illicit marketplaces on the dark web, as evidenced by Operation DisrupTor, which— (A) was announced in September 2020; (B) resulted in— (i) 179 arrests worldwide, including 121 arrests in the United States; (ii) the seizure of approximately 500 kilograms of drugs worldwide, including 274 kilograms of drugs in the United States; and (iii) the seizure of more than $6,500,000 worth of virtual currencies and cash; and (C) is an example of one of many cases conducted jointly by— (i) the Federal Bureau of Investigation; (ii) the Drug Enforcement Administration; (iii) Immigration and Customs Enforcement; (iv) Homeland Security Investigations; (v) United States Customs and Border Protection; (vi) the United States Postal Inspection Service; (vii) the Financial Crimes Enforcement Network; (viii) the Bureau of Alcohol, Tobacco, Firearms and Explosives; (ix) the Naval Criminal Investigative Service; (x) the Department of Justice; (xi) the Department of Defense; and (xii) additional local, State, and international law enforcement partners. (7) Although law enforcement agencies have succeeded in investigating the distribution and sale of illegal drugs, goods, and services that occurs as a result of interactions on the dark web, investigative and prosecutorial collaboration, innovation, and advancement are critical to— (A) increasing the capacity to combat the threat posed by the dark web and the illicit marketplaces hosted on the dark web; and (B) enhancing collaboration and coordination among Federal, State, Tribal, local, international and other law enforcement partners, as appropriate. (b) Sense of congress It is the sense of Congress that— (1) the dark web and illicit marketplaces hosted on the dark web facilitate the distribution of illegal drugs and pose a unique threat to the public health and national security in the United States; and (2) Congress should— (A) support law enforcement agencies and prosecutors at the Federal, State, Tribal, local, and international levels in their efforts to investigate and prosecute the distribution of illegal drugs, goods, and services through the dark web; and (B) increase the investigative and prosecutorial tools available to law enforcement agencies and prosecutors to address the distribution of illegal drugs, goods, and services through the dark web. 3. Definitions In this Act: (1) Dark web The term dark web 21 U.S.C. 841 (2) Director The term Director (3) Illicit marketplace The term illicit marketplace (4) Indian tribe The term Indian Tribe Indian tribe 25 U.S.C. 5304 (5) Opioid The term opioid 21 U.S.C. 802 (6) Task force The term task force 4. Offenses involving the dark web Section 401 of the Controlled Substances Act ( 21 U.S.C. 841 (i) Offenses involving dispensing of controlled substances by means of the dark web (1) Definition of dark web In this subsection, the term dark web (A) are not indexed by an internet search engine; and (B) are only accessible to users of specific devices, software, routing and anonymizing services, authorizations, or configurations that conceal the identities and locations of users. (2) Offense It shall be unlawful for any person to knowingly or intentionally— (A) deliver, distribute, or dispense a controlled substance by means of the dark web, except as authorized by this title; or (B) aid or abet (as such terms are used in section 2 of title 18, United States Code) any activity described in subparagraph (A) that is not authorized by this title. (3) Penalty Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines and policy statements to provide for a 2-level increase above the sentence otherwise applicable for a violation of paragraph (2). . 5. Joint criminal opioid and darknet enforcement task force (a) Establishment (1) In general There is established in the Federal Bureau of Investigation an interagency program that shall be known as the Joint Criminal Opioid and Darknet Enforcement Task Force. (2) Director The task force shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Purpose The purpose of the task force shall be to detect, disrupt, and dismantle illicit marketplaces. (c) Components (1) Representatives The task force shall include representatives from— (A) the Federal Bureau of Investigation; (B) the Drug Enforcement Administration; (C) the United States Postal Inspection Service; (D) Immigration and Customs Enforcement; (E) the Bureau of Alcohol, Tobacco, Firearms, and Explosives; (F) Homeland Security Investigations; (G) United States Customs and Border Protection; (H) the Department of Defense; (I) the Financial Crimes Enforcement Network; and (J) the Department of Justice. (2) Consultation The Director may consult with any State, Tribal, local, or international department or agency the Director determines necessary to carry out the purpose of the task force described in subsection (b). (d) Duties and functions To further the purpose of the task force described in subsection (b), the task force shall— (1) engage in— (A) proactive and reactive investigations; and (B) forensic and cyberforensic examinations; (2) provide forensic and cyberforensic, technical, preventive, and investigative training and assistance to— (A) prosecutors; and (B) law enforcement agencies; (3) develop best practices to assist Federal, State, Tribal, and local law enforcement agencies, prosecutors, and others, as appropriate, in the collection of evidence in order to determine and investigate possible nexuses to the dark web and virtual assets, including— (A) evidence logging; (B) evidence maintenance; and (C) evidence sharing; (4) develop multijurisdictional and multiagency responses and partnerships with Federal, international, local, and other law enforcement agencies, as appropriate, by— (A) establishing procedures for information sharing; (B) establishing lists of recommended specialized equipment and tools to investigate and prosecute the distribution of illicit drugs, goods, and services on the dark web; and (C) helping the agencies acquire the necessary knowledge, personnel, and specialized equipment to investigate and prosecute the distribution of illegal drugs, goods, and services through the dark web; (5) create novel investigative approaches to— (A) target emerging technologies that facilitate the distribution of opioids through illicit marketplaces on the dark web; and (B) build forensic capacity and expertise to meet the challenges posed by the technologies; (6) enhance collaboration and coordination with international partners; and (7) engage in any other activities the Director determines necessary to carry out the duties of the task force. (e) Guidance and training The task force shall provide guidance and training to officers and employees of the Federal Bureau of Investigation and other Federal, international, and other law enforcement agencies, as appropriate, relating to— (1) techniques and procedures to— (A) recognize evidence or potential evidence relating to the dark web; and (B) identify and recognize patterns and practices relating to the distribution of illegal drugs, services, and goods through the dark web; (2) the types of information that should be collected and recorded in information technology systems used by the Federal Bureau of Investigation to help— (A) identify administrators and operators of illicit marketplaces; (B) identify vendors, buyers, and other individuals involved in the distribution of opioids through illicit marketplaces; and (C) detect, disrupt, and dismantle illicit marketplaces; (3) procedures for systematic and routine information sharing within the Federal Bureau of Investigation and between Federal, State, Tribal, and local law enforcement agencies; and (4) any other training or guidance the Director determines necessary to carry out the duties of the task force. (f) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation, acting through the Director, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report, which shall include, for the previous year— (1) a summary of the activities and accomplishments of the task force; (2) a description of the investigative methods used by the task force, including an assessment of the effectiveness of the methods; (3) information on investigation and prosecution performance measures for the task force, including— (A) the number of investigations the task force conducted or assisted; (B) the number of illicit marketplaces detected, disrupted, or dismantled as a result of an investigation conducted or assisted by the task force; (C) the number of arrests relating to an investigation conducted or assisted by the task force; and (D) statistics that account for the disposition of investigations by the task force that did not result in an arrest or a prosecution; (4) an assessment of partnerships between the task force and other Federal, State, Tribal, and local law enforcement agencies, including the effectiveness of guidance and training provided by the task force to personnel of other Federal, State, Tribal, and law enforcement agencies; (5) an evaluation of the collaboration and coordination between the task force and international partners; (6) recommendations for additional congressional or legislative action, as appropriate, that would be useful or necessary to achieve the purpose of the task force described in subsection (b); (7) a summary of how transactions involving the distribution of illegal drugs, goods, and services through the dark web are financed; (8) a description of a plan to increase the capacity to investigate the distribution of illegal drugs, goods, and services through the dark web; and (9) recommendations for additional congressional or legislative action, as appropriate, that would improve the efforts of Federal agencies to detect, disrupt, and dismantle illicit marketplaces, including efforts to identify individuals and groups involved in the distribution of illegal drugs, goods, and services through the dark web. (g) Funding The Director shall carry out this section using amounts otherwise made available to the Attorney General. (h) Sunset This section shall cease to have force or effect on the date that is 5 years after the date of enactment of this Act. 6. Report on virtual currencies Not later than 1 year after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of the Treasury and the Secretary of Homeland Security, shall submit to Congress a report on the use of virtual currencies in the distribution of opioids through illicit marketplaces on the dark web, which shall include— (1) a summary of how virtual currencies are— (A) used to finance transactions involving the distribution of opioids through illicit marketplaces on the dark web; and (B) exchanged in the course of transactions described in subparagraph (A), including transactions involving— (i) peer-to-peer networks; (ii) virtual currency; (iii) money transmitters; or (iv) other financial institutions; (2) the number of instances involving the distribution of opioids through illicit marketplaces on the dark web in which an individual involved used a virtual currency to finance the distribution; (3) the most common types of virtual currencies used by individuals involved in the distribution of opioids through illicit marketplaces on the dark web; (4) an assessment of the capacity to investigate the use of virtual currencies in the distribution of opioids through illicit marketplaces on the dark web, including— (A) efforts to assist financial institutions in detecting, identifying, and reporting suspicious activity and money laundering; (B) efforts to obtain financial records and other documents from virtual currency operators and exchanges; (C) training and guidance to Federal, State, Tribal, and local law enforcement agencies and prosecutors; and (D) coordination and collaboration with international partners; and (5) recommendations for additional congressional or legislative action that would improve the efforts of Federal agencies to detect, disrupt, and dismantle illicit marketplaces on the dark web, including efforts to identify individuals using virtual currencies in the distribution of opioids through illicit marketplaces on the dark web. 7. Five-year update It is the sense of Congress that, not less frequently than once every 5 years, Congress should evaluate and, if necessary, update the definition of the term dark web 21 U.S.C. 841(i) 8. Severability If any portion of this Act, or the amendments made by this Act, or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the amendments made by this Act, and the application of this Act or the amendments made by this Act to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.

Dark Web Interdiction Act of 2023

Safe Interactions Act of 2023 This bill requires the Department of Health and Human Services to award grants to nonprofit disability organizations to develop training programs for law enforcement officers who may encounter individuals with disabilities.

118 S1731 IS: Safe Interactions 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. 1731 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Casey Mr. Moran Mrs. Gillibrand Ms. Murkowski Mr. Markey Mr. Murphy Mr. Merkley Mr. Menendez Mr. Blumenthal Ms. Hirono Ms. Duckworth Mr. Van Hollen Mr. Whitehouse Mr. Padilla Committee on Health, Education, Labor, and Pensions A BILL To provide grants to enable nonprofit disability organizations to develop training programs that support safe interactions between law enforcement officers and individuals with disabilities and older individuals. 1. Short title This Act may be cited as the Safe Interactions Act of 2023 2. Findings Congress finds the following: (1) Individuals with disabilities are 2.5 times more likely to be victims of violent crime. (2) Individuals with disabilities are 3 times more likely to be victims of a serious crime. (3) Individuals with disabilities make up between one-third and one-half of all individuals killed by law enforcement officers. 3. Purpose The purposes of this Act are to— (1) authorize the Secretary to award competitive grants to nonprofit disability organizations to administer enhanced training programs to law enforcement officers who may encounter or provide services to covered individuals, including— (A) individuals with mental health disabilities, including schizophrenia; (B) individuals who are deaf, deaf-blind, hard of hearing, or blind, are autistic, or have other intellectual or developmental disabilities; (C) older individuals with dementia or other cognitive impairments; and (D) individuals with any other disability or chronic health condition; (2) support, not replace, other specialized law enforcement officer training; and (3) (A) increase the awareness, knowledge, and understanding of law enforcement officers about covered individuals and their unique needs and applicable Federal civil rights laws; (B) reduce incidences of violence between law enforcement officers and covered individuals; (C) expand the knowledge of law enforcement officers, in areas such as the signs of disabilities, identifying people with disabilities, communicating with people with disabilities, and effective ways to approach covered individuals to minimize situations of risk to— (i) those individuals; and (ii) the law enforcement officers who intervene or provide services to those individuals; and (D) increase the knowledge of law enforcement officers of community resources available for covered individuals to ultimately limit interactions with law enforcement officers. 4. Definitions In this Act: (1) Covered grant The term covered grant (2) Covered individual The term covered individual (A) an older individual; or (B) an individual with a disability. (3) Eligible entity The term eligible entity (4) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (5) Individual with a disability The term individual with a disability 42 U.S.C. 12102 (6) Initial training program The term initial training program (7) Law enforcement officer The term law enforcement officer (A) authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law; or (B) authorized by law to supervise sentenced criminal offenders. (8) Nonprofit disability organization The term nonprofit disability organization (A) that serves covered individuals; and (B) (i) that is operated by a board of which the majority of members are covered individuals; (ii) that has an advisory panel of which the majority of members are covered individuals; or (iii) the majority of the employees of which are covered individuals. (9) Older individual The term older individual 42 U.S.C. 3002 (10) Partner academy The term partner academy (11) Partner agency The term partner agency (12) Refresher training program The term refresher training program (13) Secretary The term Secretary (14) State (A) State The term State (B) Freely associated states The term Freely Associated States 5. Grant program (a) In general The Secretary shall award competitive grants to nonprofit disability organizations to administer enhanced training programs to law enforcement officers who may encounter or provide services to covered individuals. (b) Application An eligible entity seeking a covered grant shall submit to the Secretary an application that— (1) (A) identifies a law enforcement training academy with which the eligible entity will partner to administer an initial training program; and (B) includes a memorandum of understanding entered into between the eligible entity and the law enforcement training academy; (2) describes the training program curriculum, which shall include training on how to interact with, identify, approach, and communicate with covered individuals that is provided, as of the date of submission of the application— (A) by the partner academy to new law enforcement officers; or (B) by any partner agency to existing law enforcement officers; (3) describes the learning objectives of the training programs that the eligible entity will administer using the grant; (4) describes the activities that will be carried out under the grant; (5) includes a timeline of the activities described in paragraph (4); and (6) demonstrates expertise in training related to covered individuals. (c) Preferences In awarding covered grants, the Secretary shall ensure— (1) geographic diversity of grant recipients, including grant recipients that serve rural localities; and (2) that the training funded by the grant is provided to multiple levels of law enforcement agencies, including local, county, State, and Tribal agencies. (d) Use of funds (1) Mandatory uses An eligible entity that receives a covered grant shall use the grant funds to— (A) modify the training provided by the partner academy to new law enforcement officers of each partner agency so that the academy provides not fewer than 8 hours of training on topics such as how to interact with, identify, approach, and communicate with covered individuals and applicable Federal civil rights laws, including not fewer than 4 hours of interactive learning taught by covered individuals; and (B) develop and implement an enhanced training program for existing law enforcement officers of each partner agency on safe, effective, and respectful interactions with covered individuals— (i) that includes— (I) awareness of and education about covered individuals, including— (aa) individuals with mental health disabilities, including schizophrenia; (bb) individuals who are deaf, deaf-blind, hard of hearing, or blind, are autistic, or have other intellectual or developmental disabilities; (cc) older individuals with dementia or other cognitive impairments; and (dd) individuals with any other disability or chronic health condition; (II) escalation avoidance and de-escalation techniques to be used when interacting with covered individuals, including procedures a law enforcement officer should follow to ensure the health and safety of a covered individual; and (III) communication strategies to be used when interacting with covered individuals, including individuals who do not use speech to communicate; (ii) that utilizes— (I) instructors who are covered individuals; or (II) guest instructors or speakers who are covered individuals; and (iii) in which each law enforcement officer participates not less frequently than 4 hours every year. (2) Optional uses An eligible entity that receives a covered grant may use the grant funds to— (A) expand an existing training program regarding topics such as interacting with, identifying, approaching, and communicating with covered individuals that was provided to law enforcement officers by a nonprofit disability organization in conjunction with the partner academy or a partner agency before the eligible entity received the grant; (B) reimburse staff members of the eligible entity for mileage and travel time expended to attend an initial training program or refresher training program occurring in person or online; (C) develop a model of training that utilizes volunteer instructors, except that the eligible entity shall pay any instructor, including a guest instructor, who is a covered individual; (D) acquire a computer system or software needed for the training programs; or (E) support the paid participation of individuals with disabilities and their family members as advisors. (e) Supplement, not supplant An eligible entity that receives a covered grant shall use the grant funds to supplement, and not supplant, any funds that would, in the absence of the grant funds, be made available from a State, political subdivision of a State, or Indian Tribe for the activities described in subsection (d). (f) Advisory council (1) In general An eligible entity that receives a covered grant shall establish an advisory council composed of 15 members to advise the eligible entity on activities carried out using the grant. (2) Membership An advisory council established under paragraph (1) shall— (A) be composed of— (i) 1 representative of the eligible entity who is a covered individual and shall serve as chair of the advisory council; (ii) 1 representative of the State law enforcement training academy or law enforcement agency for the State that the eligible entity serves, who shall serve as vice chair of the advisory council; (iii) 3 representatives of community-based organizations that support individuals with disabilities, not fewer than 2 of whom have a disability; (iv) 2 representatives of community-based organizations that support older adults; (v) 2 State officials or their designees; (vi) 1 representative of an organization providing victim services; (vii) 1 representative of a State public safety agency; (viii) 3 members of the public with knowledge of individuals with disabilities and older adults with cognitive impairment, including not fewer than 2 self-advocates or family members of a covered individual; and (ix) 1 active local or State law enforcement officer representing a labor or representative organization; and (B) include a majority of representation from racial and ethnic minority communities. (3) Duties An advisory council established under paragraph (1) shall— (A) advise the eligible entity and provide general oversight of grant activities carried out by the eligible entity, including development of the training curriculum and implementation of the training programs; and (B) provide the advisory council with recommendations for the sustainability and expansion of the training programs, such as the development of a train-the-trainer model. (g) Annual report (1) Report to Secretary by eligible entities Not later than 1 year after receiving a covered grant, and each year thereafter for the duration of the grant period, an eligible entity that receives a covered grant shall submit the following information to the Secretary with respect to the preceding year: (A) The number of individuals who benefitted from the training programs provided by the eligible entity using grant funds, including— (i) the number of individuals who were trained through the training programs, including the total number of new law enforcement officers who participated in the initial training program and existing law enforcement officers who participated in the refresher training program; and (ii) the estimated number of individuals who were impacted by the training programs. (B) Demographic data, including age, sex, and race, for the law enforcement officers who received the training. (C) The number of partner agencies that participated in the training programs. (D) Each partner law enforcement agency, including the city and State in which the headquarters and each local office of the agency are located, and the result of that partnership. (E) Any recommendations for improving the grant program carried out under this Act. (2) Report to Congress and the Attorney General by the Secretary Not later than 2 years after the date of enactment of this Act, and each year thereafter, the Secretary shall submit a report on the grant program carried out under this Act, with respect to the preceding year, to— (A) the Attorney General; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Appropriations of the Senate; (D) the Special Committee on Aging of the Senate; (E) the Committee on Health, Education, Labor, and Pensions of the Senate; (F) the Committee on the Judiciary of the House of Representatives; and (G) the Committee on Appropriations of the House of Representatives. (h) Evaluation (1) In general The Secretary shall use not more than 2 percent of the amounts made available under section 6 for administrative purposes and for an evaluation of the grant program carried out under this Act. (2) Independent evaluator The Secretary shall enter into a contract with a third-party entity that is unrelated to any recipient of a covered grant to carry out the evaluation under paragraph (1). (3) Contents In carrying out the evaluation under paragraph (1), the third-party entity contracted under paragraph (2) shall report to the Secretary and the Attorney General on— (A) the demographic characteristics of the population served by the training conducted by eligible entities using covered grants; and (B) any change in the occurrence of violence in the communities served by training described in subparagraph (A). 6. Authorization of appropriations There is authorized to be appropriated $100,000,000 for each of fiscal years 2023 through 2026 to carry out this Act.

Safe Interactions Act of 2023

Know Your App Act This bill requires the National Telecommunications and Information Administration (NTIA) to undertake actions to inform customers about the country of origin of applications (apps) and dangers of certain foreign apps. Specifically, the NTIA must require app stores with more than 20 million U.S. customers to prominently display the country of origin for each app they distribute. In addition, app stores must enable customers to filter out apps that originate from countries of concern. These are countries, identified by the Departments of the Treasury and Commerce, with laws that allow governmental control of content moderation, algorithm design, or user data. App store pages for apps originating from a country of concern must include a disclaimer that warns customers about the potential for a foreign government to control functions of the app. Additionally, app developers must (1) certify to app stores that the information about the app displayed on the app store page, including country of origin and ownership, is correct; and (2) notify app stores about relevant changes in the country of origin or ownership. If a developer fails to provide the certification or update incorrect information, the app store must remove the app. App stores must also establish (1) a reporting mechanism to allow individuals to anonymously report when information about an app is incorrect, and (2) written policies for developers to appeal the removal of an app from the store. The bill provides for enforcement by the Department of Justice.

118 S1732 IS: Know Your App 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. 1732 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Scott of South Carolina Mr. Wicker Mr. Lankford Committee on Commerce, Science, and Transportation A BILL To require application stores to publicly list the country of origin of the applications that they distribute, and to provide consumers the ability to protect themselves. 1. Short title This Act may be cited as the Know Your App Act 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) Minors engaging with internet-linked applications face heightened susceptibility to privacy risks and potential exploitation through those applications. It is crucial for parents and guardians to possess comprehensive knowledge about the applications being accessed so that they can make informed decisions to protect their children. (2) Many users are unaware of the country of origin of the applications they download and use, as well as the data handling practices of the developers behind those applications. This lack of transparency can lead to potential risks for users, including exposure to foreign government surveillance, data breaches, and privacy violations. Users have a right to know baseline information on the country of origin so that they can personally make decisions to mitigate the threat to their personal and biometric information. (3) The potential for foreign governments to access user data through internet-linked applications presents national security risks. These risks may include the collection of sensitive information, espionage, and potential influence over critical infrastructure. (4) Increasing transparency and providing users with the necessary information to make informed decisions about the applications they download can help protect consumer privacy and security. (b) Sense of Congress It is the sense of Congress that covered companies and developers already posses the information necessary to provide adequate transparency to consumers. 3. Public listing of country of origin of applications (a) Definitions In this section: (1) Application The term application (2) Application store The term application store (A) distributes applications from third-party developers to users of a computer, a mobile device, or any other general purpose computing device; and (B) has more than 20,000,000 users in the United States. (3) Application store page The term application store page (4) Assistant Secretary The term Assistant Secretary (5) Beneficial owner The term beneficial owner (A) means, with respect to a developer of an application, an individual who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise— (i) exercises substantial control over the developer; or (ii) owns or controls not less than 25 percent of the ownership interests of the developer; and (B) does not include— (i) a minor child, as defined in the State in which the entity is formed, if the information of the parent or guardian of the minor child is reported in accordance with this section; (ii) an individual acting as a nominee, intermediary, custodian, or agent on behalf of another individual; (iii) an individual acting solely as an employee of a corporation, limited liability company, or other similar entity and whose control over or economic benefits from such entity is derived solely from the employment status of the individual; (iv) an individual whose only interest in a corporation, limited liability company, or other similar entity is through a right of inheritance; or (v) a creditor of a corporation, limited liability company, or other similar entity, unless the creditor meets the requirements of subparagraph (A). (6) Country of concern The term country of concern (7) Country of origin The term country of origin (A) with respect to the developer of an application, means the country in which the developer is headquartered or principally operates; and (B) with respect to the beneficial owner of the developer of an application— (i) except as provided in clause (ii), means the country from which the beneficial owner principally exercises control over the developer; and (ii) if the beneficial owner exercises any control over the developer from a country of concern, means that country. (8) Covered company The term covered company (9) Developer The term developer (10) Primary country of origin The term primary country of origin (A) except as provided in subparagraph (B), means the country of origin of the developer of the application; and (B) if the country of origin of the beneficial owner of the developer of the application is a country of concern, means that country. (11) Prominent display The term prominent display (b) Requirements (1) Public listing The Assistant Secretary shall require a covered company to publicly list, in a prominent display on the application store page, the primary country of origin of each application distributed through an application store owned, controlled, or operated by the covered company. (2) Protections regarding certain foreign countries (A) Filter for certain applications The Assistant Secretary shall require a covered company to provide users of the covered company's application store with the option to filter out applications whose primary country of origin is a country of concern. (B) Disclaimer for certain applications The Assistant Secretary shall require that if the primary country of origin of an application is a country of concern, a covered company that distributes the application through an application store shall provide a disclaimer, in a prominent display on the application store page, that data from the application could be accessed by a foreign government. (3) Update of information (A) In general The Assistant Secretary shall require a developer to notify a covered company whose application store distributes the developer’s application of any change in— (i) the country of origin of the developer; (ii) the beneficial owner of the developer; or (iii) the country of origin of the beneficial owner of the developer. (B) Developer certification (i) In general The Assistant Secretary shall require a developer to certify to each covered company that owns, controls, or operates an application store through which the developer's application is distributed, not less frequently than annually, that the information displayed on the application store page with respect to the application, including primary country of origin and beneficial ownership, is up-to-date. (ii) Violations If a developer violates clause (i)— (I) the covered company shall issue the developer a series of not fewer than 3 warnings over a period of not more than 90 days; and (II) if the developer does not correct the violation by the date that is 90 days after the date on which the first warning is issued under subclause (I), the covered company shall remove the application of the developer from the application store. (4) Reporting mechanism The Assistant Secretary shall require a covered company to establish a mechanism that— (A) allows a user of the covered company's application store, an employee of a developer whose application is distributed through the covered company's application store, or an associated third party to report a potential violation of this subsection by a developer, including incorrect information displayed on the application store page; and (B) allows a report under subparagraph (A) to be made anonymously. (5) Written policy for appeals of removals The Assistant Secretary shall require a covered company to establish, for any application store owned, controlled, or operated by the covered company, a clear written policy for how a developer can appeal the removal of an application from the application store and have the application be reinstated. 4. List of foreign countries with national laws resulting in government control over applications (a) In general Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of the Treasury and the Secretary of Commerce shall jointly develop and submit to Congress a list of each foreign country that has in effect a national law that may subject a developer or application to control by the government of the country over content moderation, algorithm design, or user data transfers. (b) Publication With respect to the list developed under subsection (a)— (1) the Secretary of the Treasury shall make the list publicly available on the website of the Department of the Treasury; and (2) the Secretary of Commerce shall make the list publicly available on the website of the Department of Commerce. 5. Limitation of enforcement and regulation The Assistant Secretary may not exercise any enforcement authority or regulatory authority over a covered company or developer that is not provided under this Act, including through rulemaking. 6. Enforcement The Attorney General may bring a civil action in an appropriate district court of the United States against any covered company that violates this Act.

Know Your App Act

Community Wood Facilities Assistance Act of 2023 This bill makes changes to grant programs administered by the Forest Service to promote wood products. Specifically, the bill reauthorizes through FY2028 and modifies a program that supports capital costs for installing community wood energy systems and building innovative wood products facilities, including by increasing the maximum grant amount per facility. The bill also modifies a program that provides grants to develop and expand the market for innovative wood products. Specifically, the bill (1) modifies the grant priorities, and (2) increases the portion of a project's cost that may be covered by such a grant.

118 S1735 IS: Community Wood Facilities Assistance 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. 1735 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mrs. Feinstein Ms. Collins Mrs. Shaheen Mr. Kelly Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Farm Security and Rural Investment Act of 2002 to improve assistance to community wood facilities, and for other purposes. 1. Short title This Act may be cited as the Community Wood Facilities Assistance Act of 2023 2. Community Wood Facilities Grant Program Section 9013 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8113 (1) in the section heading, by striking Energy and Wood Innovation Facilities Grant (2) in subsection (a)— (A) in paragraph (1)(A)(iii), in the matter preceding subclause (I), by striking woody biomass, including primarily forest biomass, including processing or manufacturing (B) in paragraph (4), by striking Energy and Wood Innovation Facilities Grant (3) in subsection (b), by striking Energy and Wood Innovation Facilities Grant (4) in subsection (c)— (A) in paragraph (1), by striking 35 50 (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2); (5) in subsection (d), by striking exceed— exceed $5,000,000. (6) in subsection (e)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2) through (8) as paragraphs (1) through (7), respectively; and (C) in paragraph (1) (as so redesignated), by inserting or market competitiveness cost effectiveness (7) in subsection (f)— (A) by striking paragraph (2); (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (C) in paragraph (2) (as so redesignated), by striking use or retrofitting (or both) of existing sawmill construction, use, or retrofitting of forest products manufacturing (8) in subsection (g)— (A) in paragraph (1), by striking 5 megawatts of thermal energy or combined thermal and electric energy 15 megawatts of thermal energy (B) in paragraph (2), by striking 25 percent 50 percent (9) in subsection (h), by striking $25,000,000 for each of fiscal years 2019 through 2023 $50,000,000 for each of fiscal years 2024 through 2028 3. Wood Innovations Grant Program Section 8643 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 7655d (1) in the section heading, by striking Innovation Innovations (2) in subsection (c)— (A) in the subsection heading, by striking Incentivizing use of existing milling Expanding forest products manufacturing (B) by striking use or retrofitting (or both) of existing sawmill construction, use, or retrofitting for forest products manufacturing (3) in subsection (d), by inserting 50 percent of the amount

Community Wood Facilities Assistance Act of 2023

Farmers First Act of 2023 This bill extends through FY2028 and revises the Farm and Ranch Stress Assistance Network (FRSAN). This Department of Agriculture program provides competitive grants to states, Indian tribes, and qualified nonprofit organizations to provide stress assistance programs (i.e., professional agricultural behavioral health counseling, helplines, and resources) to individuals engaged in farming, ranching, and agriculture-related occupations. The bill specifies that the grant funding for farm telephone helplines and websites may also be used for crisis lines. Further, FRSAN grant recipients may establish referral relationships with providers, including Certified Community Behavioral Health Clinics, health centers, rural health clinics, and critical access hospitals.

113 S1736 IS: Farmers First 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. 1736 IN THE SENATE OF THE UNITED STATES May 18, 2023 Ms. Baldwin Ms. Ernst Mr. Moran Mr. Tester Ms. Stabenow Mr. Boozman Ms. Smith Ms. Collins Mr. Bennet Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food, Conservation, and Energy Act of 2008 to reauthorize the Farm and Ranch Stress Assistance Network. 1. Short title This Act may be cited as the Farmers First Act of 2023 2. Farm and Ranch Stress Assistance Network Section 7522 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 5936 (1) in subsection (b)(1)(A), by inserting , including crisis lines (2) in subsection (d), by striking $10,000,000 for each of fiscal years 2019 through 2023 $15,000,000 for each of fiscal years 2024 through 2028 (3) by striking subsection (e) and inserting the following: (e) Referrals to providers As part of the efforts of the recipient of a grant under subsection (a) to connect individuals to behavioral health counseling and wellness support and to ensure individuals have access to a comprehensive scope of mental health and substance use treatments and supports, when applicable, the grant recipient may establish referral relationships with— (1) certified community behavioral health clinics described in section 223 of the Protecting Access to Medicare Act of 2014 ( 42 U.S.C. 1396a Public Law 113–93 (2) health centers (as defined in section 330(a) of the Public Health Service Act ( 42 U.S.C. 254b(a) (3) rural health clinics (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) (4) Federally qualified health centers (as defined in that section); and (5) critical access hospitals (as defined in section 1861(mm) of the Social Security Act ( 42 U.S.C. 1395x(mm) .

Farmers First Act of 2023

Responsible Firearms Marketing Act This bill requires the Federal Trade Commission to study and report on potentially unfair or deceptive practices that may be prevalent in the advertising or marketing of firearms. Additionally, the commission must issue regulations prohibiting such practices, and the bill provides for enforcement by the commission.

118 S1737 IS: Responsible Firearms Marketing 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. 1737 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Blumenthal Mr. Booker Mr. Markey Mr. Murphy Mr. Welch Mr. Menendez Mr. Padilla Mrs. Feinstein Ms. Hirono Mr. Durbin Ms. Warren Mr. Reed Mr. Sanders Mr. Whitehouse Committee on Commerce, Science, and Transportation A BILL To direct the Federal Trade Commission to conduct a study and submit to Congress a report on unfair or deceptive acts or practices that may be prevalent in the advertising or marketing of firearms and to issue regulations to prohibit unfair or deceptive acts or practices related to the advertising or marketing of firearms, and for other purposes. 1. Short title This Act may be cited as the Responsible Firearms Marketing Act 2. Unfair or deceptive acts or practices related to the advertising or marketing of firearms (a) Study and report by the Federal Trade Commission (1) Study (A) In general The Commission shall conduct a study, using the Commission’s authority under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) (B) Considerations In conducting the study under subparagraph (A), the Commission shall consider— (i) advertising or marketing materials that may— (I) be designed to appeal to individuals who are younger than 18 years of age; or (II) imply or encourage illegal use of the advertised or marketed product; and (ii) advertising or marketing of semiautomatic assault weapons. (2) Report Not later than 2 years after the date of the enactment of this section, the Commission shall submit to Congress a report on the study conducted under paragraph (1), together with such recommendations for legislation or administrative action as the Commission determines appropriate. (3) Exemption from Paperwork Reduction Act Subchapter I of chapter 35 (b) Regulations (1) In general Not later than 18 months after submitting the report required by subsection (a)(2), the Commission shall promulgate regulations under section 553 of title 5, United States Code, to prohibit any manufacturer, dealer, or importer of firearms from engaging in any unfair or deceptive act or practice related to the advertising or marketing of firearms. (2) Requirements In promulgating regulations under paragraph (1), the Commission shall address— (A) unfair or deceptive advertising or marketing that— (i) may be designed to appeal to individuals who are younger than 18 years of age; (ii) may imply or encourage illegal use of the advertised or marketed product; or (iii) relates to the sale of semiautomatic assault weapons; and (B) any other unfair or deceptive acts or practices related to the advertising or marketing of firearms by manufacturers, dealers, or importers of firearms. (c) Enforcement (1) Unfair or deceptive acts or practices A violation of a regulation promulgated under subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (2) Powers of the Commission (A) In general The Commission shall enforce the regulations promulgated under subsection (b) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Privileges and immunities Any person who violates a regulation promulgated under subsection (b) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (d) Definitions In this section: (1) Commission The term Commission (2) Firearm; importer; manufacturer; dealer The terms firearm importer manufacturer dealer

Responsible Firearms Marketing Act

Small Business Innovation Voucher Act of 2023 This bill requires the Small Business Administration to establish the Innovation Voucher Grant Program to aid small businesses in carrying out research, development, or commercialization of new or innovative products and services.

118 S1739 IS: Small Business Innovation Voucher 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. 1739 IN THE SENATE OF THE UNITED STATES May 18, 2023 Ms. Cortez Masto Mr. Young Committee on Small Business and Entrepreneurship A BILL To require the Administrator of the Small Business Administration to establish an Innovation Voucher Grant Program. 1. Short title This Act may be cited as the Small Business Innovation Voucher Act of 2023 2. Definitions In this Act: (1) Administrator The term Administrator (2) Eligible entity The term eligible entity (A) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (B) a nonprofit research lab, institution, or other similar organization in the United States associated with educational or research activities, including a federally funded research and development center. (3) HUBZone The term HUBZone 15 U.S.C. 657a(b) (4) Program The term Program (5) Reservist The term Reservist (6) Rural area The term rural area (7) Service-connected The term service-connected (8) Small business concern; small business concern owned and controlled by veterans; small business concern owned and controlled by women The terms small business concern small business concern owned and controlled by veterans small business concern owned and controlled by women 15 U.S.C. 632 (9) Small business concern in an underserved market The term small business concern in an underserved market (A) that is located in— (i) a low- to moderate-income community; (ii) a HUBZone; (iii) a community that has been designated as an empowerment zone or an enterprise community under section 1391 (iv) a community that has been designated as a Promise Zone by the Secretary of Housing and Urban Development; (v) a community that has been designated as a qualified opportunity zone under section 1400Z–1 (vi) a rural area; (B) for which more than 50 percent of the employees reside in a low- to moderate-income community; (C) that has been in existence for not more than 2 years; (D) owned and controlled by socially and economically disadvantaged individuals, including minorities; (E) owned and controlled by women; (F) owned and controlled by veterans; (G) owned and controlled by service-disabled veterans; or (H) not less than 51 percent owned and controlled by 1 or more— (i) members of the Armed Forces participating in the Transition Assistance Program of the Department of Defense; (ii) Reservists; (iii) spouses of veterans, members of the Armed Forces, or Reservists; or (iv) surviving spouses of veterans who died on active duty or as a result of a service-connected disability. (10) Small business concern owned and controlled by socially and economically disadvantaged individuals The term small business concern owned and controlled by socially and economically disadvantaged individuals 15 U.S.C. 637(d)(3)(C) 3. Innovation Voucher Grant Program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the Innovation Voucher Grant Program (b) Purposes of program The purposes of the Program are— (1) to foster collaboration between small business concerns and research institutions or other similar organizations; (2) to facilitate access by small business concerns to capital-intensive infrastructure and advanced research capabilities; (3) to enable small business concerns to access technical expertise and capabilities that will lead to the development of innovative products; (4) to promote business dynamism and competition; (5) to stimulate United States leadership in advanced research, innovation, and technology; (6) to accelerate the development of an advanced workforce; and (7) to preserve and create new jobs. (c) Application (1) In general A small business concern desiring a grant under the Program shall submit to the Administrator an application with the eligible entity from which the small business concern will purchase technical assistance and services using funds awarded under the grant. (2) Selection Not later than 180 days after the deadline established by the Administrator to submit applications under paragraph (1), the Administrator shall select the recipients of the grants under the Program. (d) Evaluation In evaluating an application for a grant under the Program, the Administrator shall take into consideration— (1) the likelihood that funds awarded under the grant will be used to create or advance a novel product or service; (2) the feasibility of creating or advancing a novel product or service proposed to be created or advanced using funds awarded under the grant; and (3) whether creating or advancing a product or service proposed to be created or advanced using funds awarded under the grant could be accomplished without a grant awarded under the Program. (e) Amount A grant made under the Program shall be made in an amount of not less than $15,000 and not more than $75,000, which shall remain available to the grantee until expended. (f) Amounts for small business concerns (1) In general Except to the extent that the Administrator determines otherwise, not less than 40 percent of the amounts made available for the Program in a fiscal year shall be set aside and expended through— (A) small business concerns in an underserved market; or (B) small business concerns in a region or State that has historically been underserved by Federal research and development funds. (2) Remaining amount Any amount that is set aside under paragraph (1) in a fiscal year that is not expended by the end of the fiscal year shall be— (A) except as provided in subparagraph (B), available in the following fiscal year to make grants to small business concerns described in subparagraphs (A) and (B) of paragraph (1); and (B) on and after October 1, 2026, available to make grants to all small business concerns under the Program. (g) Federal share The Federal share of the cost of purchasing technical assistance and services described in subsection (a) using funds awarded under a grant made under the Program shall be— (1) not more than 75 percent, if the amount of the grant is less than $50,000; and (2) not more than 50 percent, if the amount of the grant is not less than $50,000. (h) Reports (1) Reports from grant recipients Not later than 180 days after the date on which a project carried out under a grant awarded under the Program is completed, the recipient of the grant shall submit to the Administrator a report on the project, including— (A) whether and how the project met the original expectations for the project; (B) how the results of the project were incorporated in the business of the grant recipient; and (C) whether and how the project improved innovation practices of the grant recipient. (2) Report of the Administrator Not later than 2 years after the date on which the Administrator establishes the Program, and every 2 years thereafter until the date on which the amounts appropriated for the Program are expended, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on grants awarded under the Program, including— (A) a description of the grants awarded; (B) the estimated number of products or services created or advanced under grants awarded under the Program that could have been created or advanced without grants awarded under the Program; and (C) a description of the impact of the Program on knowledge transfer and commercialization. (3) Final report of the Administrator Not later than 180 days after the date on which amounts appropriated for the Program are expended, the Administrator shall submit to the committees described in paragraph (2) a final report containing the information described in subparagraphs (A), (B), and (C) of that paragraph. 4. Authorization of appropriations (a) In general There is authorized to be appropriated to the Administrator to carry out the Program $10,000,000 for each of fiscal years 2023 through 2027, to remain available until expended. (b) Administrative costs Not more than 5 percent of amounts appropriated under subsection (a) may be used for administrative costs.

Small Business Innovation Voucher Act of 2023

Conservation Reserve Program Improvement Act of 2023 This bill revises the Conservation Reserve Program (CRP) of the Farm Service Agency. CRP is a land conservation program that provides an annual rental payment to farmers in exchange for farmers removing environmentally sensitive land from agricultural production and planting species that will improve environmental health and quality. Specifically, the bill permanently establishes a continuous enrollment procedure for land that will be enrolled under the State Acres for Wildlife Enhancement Initiative. Additionally, the bill provides federal cost sharing payments for the establishment of grazing infrastructure on all CRP contracts and practices, if grazing is included in the conservation plan and addresses a resource concern. It also provides federal cost sharing payments under CRP for management activities to implement the conservation plan that are not related to haying or grazing. Further, the bill increases the CRP annual rental payment limitation from $50,000 to $125,000.

118 S174 IS: Conservation Reserve Program Improvement 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. 174 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Thune Ms. Klobuchar Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food Security Act of 1985 to improve the conservation reserve program, and for other purposes. 1. Short title This Act may be cited as the Conservation Reserve Program Improvement Act of 2023 2. Conservation reserve program improvements (a) State acres for wildlife enhancement continuous enrollment Section 1231(d)(6)(A)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3831(d)(6)(A)(i) (1) in subclause (II), by striking and (2) by adding at the end the following: (IV) land that will be enrolled under the State acres for wildlife enhancement practice established by the Secretary; and . (b) Cost sharing payments for establishment of grazing infrastructure (1) In general Section 1234(b)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(1) (A) by striking establishing water (A) water ; (B) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; and (C) by adding at the end the following: (B) grazing infrastructure, including interior cross fencing, perimeter fencing, and water infrastructure (such as rural water connections, water wells, pipelines, and water tanks), under each contract, for all practices, if grazing is included in the conservation plan and addresses a resource concern. . (2) Reenrollment of land with grazing infrastructure Section 1231(h) of the Food Security Act of 1985 ( 16 U.S.C. 3831(h) (3) Land with grazing infrastructure On the expiration of a contract entered into under this subchapter that covers land that includes grazing infrastructure established with cost sharing assistance under section 1234(b)(1)(B)— (A) the Secretary shall consider that land to be planted for purposes of subsection (b)(1)(B); and (B) that land shall be eligible for reenrollment in the conservation reserve, subject to the requirements of this subchapter. . (c) Mid-Contract management for activities not relating to haying or grazing (1) Definition of management Section 1232(a)(5) of the Food Security Act of 1985 ( 16 U.S.C. 3832(a)(5) (as defined in section 1231A(a)) management (2) Management payments Section 1234(b)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(2) (B) Management payments The Secretary shall make cost sharing payments to an owner or operator under this subchapter for any management activity described in section 1232(a)(5), except for those management activities relating to haying or grazing. . (d) Payment limitation for rental payments Section 1234(g)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3834(g)(1) $50,000 $125,000

Conservation Reserve Program Improvement Act of 2023

Community College Agriculture Advancement Act of 2023 This bill authorizes the Department of Agriculture (USDA) to make competitive grants to assist eligible entities in maintaining and expanding their capacity to conduct workforce training, education, research, and outreach activities related to agriculture and similar disciplines. An eligible entity includes a junior or community college, or a consortium or alliance of two-year public colleges, supporting agriculture advancement. In awarding grants, USDA must give priority to entities coordinating with a local agriculture industry operator to provide experiential training and other opportunities for students. Grant funds may be used to expand and maintain the capacity of the eligible entity, including through the purchase or other acquisition of equipment and other infrastructure, the professional growth and development of faculty, and the development of apprenticeships and other work-based learning opportunities. An eligible entity may submit to USDA an application for designation and funding as a Center of Excellence for Agriculture Advancement. Funding received as a result of such a designation must be used to demonstrate agriculture best practices and to provide leadership in capacity building at a regional or national level.

118 S1740 IS: Community College Agriculture Advancement 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. 1740 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Hickenlooper Mrs. Fischer Ms. Klobuchar Mr. Young Mr. Wicker Ms. Baldwin Committee on Agriculture, Nutrition, and Forestry A BILL To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to authorize capacity building grants for community college agriculture and natural resources programs. 1. Short title This Act may be cited as the Community College Agriculture Advancement Act of 2023 2. Capacity building grants for community college agriculture and natural resources programs Subtitle K of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3310 et seq. 1473I. Capacity building grants for community college agriculture and natural resources programs (a) Definitions In this section: (1) Eligible entity The term eligible entity (A) a junior or community college supporting agriculture advancement; and (B) a consortium or alliance of 2-year public colleges supporting agriculture advancement. (2) Junior or community college The term junior or community college 20 U.S.C. 1058 (b) Competitive grants The Secretary shall make competitive grants to eligible entities to assist the eligible entities in maintaining and expanding the capacity of the eligible entities to conduct workforce training, education, research, and outreach activities relating to— (1) agriculture; and (2) other similar disciplines. (c) Priority In making grants under subsection (b), the Secretary shall give priority to an eligible entity coordinating with a local agriculture industry operator to provide experiential training and other opportunities for students. (d) Use of funds An eligible entity that receives a grant under subsection (b) may use the funds made available through the grant to expand and maintain the capacity of the eligible entity— (1) to successfully compete for funds from Federal grants and other sources to carry out educational, research, and outreach activities that address priority concerns of national, regional, State, and local interest; (2) to offer educational programming on agricultural industry jobs, including farm business management-related subjects, such as accounting, paralegal studies, and finance; (3) to disseminate information relating to the priority concerns described in paragraph (1) to interested members of the agriculture and other relevant communities and to the public; (4) to encourage members of those communities to participate in priority education, research, and outreach activities through providing matching funding from sources other than funds received through the grant; and (5) through— (A) the purchase or other acquisition of equipment and other infrastructure (not including the alteration, repair, renovation, or construction of buildings); (B) the professional growth and development of faculty; and (C) the development of apprenticeships and other work-based learning opportunities. (e) Centers of agriculture advancement (1) In general An eligible entity may submit to the Secretary an application for designation and funding as a center of excellence for agriculture advancement. (2) Use of funds A center of excellence for agriculture advancement designated under paragraph (1) shall use funding received as a result of that designation— (A) to demonstrate best practices relating to agriculture; and (B) to provide leadership in capacity building at a regional or national level. (f) Evaluation and report Not later than 3 years after the date of enactment of this section, the Secretary shall— (1) conduct an evaluation of activities carried out under this section; and (2) submit a report describing the evaluation conducted under paragraph (1) to— (A) the Committee on Agriculture of the House of Representatives; (B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Appropriations of the Senate. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2024 through 2029. .

Community College Agriculture Advancement Act of 2023

Forest Data Modernization Act of 2023 This bill modifies the Forest Inventory and Analysis (FIA) program of the Forest Service. Specifically, FIA must include forest carbon in its inventory. Further, FIA must carry out, as a data collection method, a timber products output study and a national woodland owner survey. FIA must include a clear definition of forest when reporting data. FIA's strategic plan must describe in detail the organization and procedures necessary to understand and report on changes in land cover and use, and evaluate carbon-related data variables. FIA must update the strategic plan not later than 180 days after this bill's enactment to include, among other things a plan to implement nationally consistent data collection protocols and procedures to improve the statistical precision of base program estimates; pathways to integrate and report on changes in forest carbon, including below-ground carbon; plans to collaborate with other federal agencies, nonfederal partners, and the private sector to integrate existing nationally available data sets and best available commercial technologies; and a plan to increase transparency and clarity in reporting. FIA (1) must establish an office, a data platform, or both to process and respond to complex data requests submitted by external organizations; and (2) may impose fees on the organizations submitting the requests.

115 S1743 IS: Forest Data Modernization 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. 1743 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Ossoff Mr. Cassidy Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Forest and Rangeland Renewable Resources Research Act of 1978 to modify the forest inventory and analysis program. 1. Short title This Act may be cited as the Forest Data Modernization Act of 2023 2. Forest inventory and analysis (a) In general Section 3(e) of the Forest and Rangeland Renewable Resources Research Act of 1978 ( 16 U.S.C. 1642(e) (1) in paragraph (1)— (A) by striking their resources the resources of those forests, including forest carbon, (B) by striking In compliance (A) In general In compliance ; and (C) by adding at the end the following: (B) Additional methods Under the program under this subsection, the Secretary shall carry out, as a data collection method— (i) a timber products output study; and (ii) a national woodland owner survey. ; (2) in paragraph (3)(C), by inserting including with respect to available forest carbon data, 2 decades, (3) in paragraph (4)— (A) in the second sentence, by striking The standards (B) Inclusions The standards described in subparagraph (A) ; (B) by striking (4) National standards and definitions (4) National consistency (A) Standards and definitions To ensure ; and (C) by adding at the end the following: (C) Terminology The Secretary shall include a clear description of the definition of forest (i) any data or report provided under the program under this subsection; (ii) Renewable Resource Assessments prepared under section 3(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1601(a) (iii) any data or report provided to an entity outside the United States. ; (4) in paragraph (6)— (A) in the matter preceding subparagraph (A), by striking Not later than 180 days after the date of enactment of this subsection, In accordance with paragraph (7), (B) by striking subparagraphs (D) and (E) and inserting the following: (D) the organization and procedures necessary to understand and report on changes in land cover and use; (E) the organization and procedures necessary to evaluate carbon-related data variables, including soil carbon, collected from forest inventory and analysis plots, timber products output studies, and national woodland owner surveys to ensure that carbon accounting information needs can be met; and ; and (5) by adding at the end the following: (7) Updates to strategic plan (A) In general Not later than 180 days after the date of enactment of this paragraph, the Secretary shall prepare an update to the strategic plan under paragraph (6) to include— (i) a plan to implement nationally consistent data collection protocols and procedures to improve the statistical precision of base program estimates; (ii) pathways to integrate and report on changes in forest carbon, including below-ground carbon; (iii) plans, including the identification of challenges, to collaborate with other Federal agencies, non-Federal partners, and the private sector to integrate existing nationally available data sets and best available commercial technologies, such as remote sensing, spatial analysis techniques, and other new technologies; (iv) a plan to increase transparency and clarity in reporting in accordance with paragraph (4)(C); (v) a plan to expand current data collection, further integrate remote sensing technology, or both, to include procedures to improve the statistical precision of estimates at the sub-State level; (vi) a plan to expand current data collection, further integrate remote sensing technology, or both, to include information on renewable biomass supplies and carbon stocks at the local, State, regional, and national levels, including by ownership type; and (vii) such other matters as the Secretary determines to be appropriate based on recommendations of the Forest Inventory and Analysis National User Group. (B) Submission Not later than 180 days after the date of enactment of this paragraph, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives the update to the strategic plan prepared under subparagraph (A). (C) Further updates Not later than 5 years after the date on which the update is submitted under subparagraph (B), and every 5 years thereafter, the Secretary shall— (i) prepare an additional update to the strategic plan; and (ii) submit the additional update to the committees described in subparagraph (B). (8) Accessibility The Secretary shall ensure that data collected under this subsection is— (A) easily accessible to all public- and private-sector entities; and (B) collected using means that ensure the confidentiality, in accordance with section 1770 of the Food Security Act of 1985 ( 7 U.S.C. 2276 (i) plot locations; (ii) nonaggregated data of woodland owners; and (iii) forest industry information. (9) Biennial compilations Biennially, the Secretary shall prepare and make publicly available a compilation of national forest inventory and analysis forest statistics, which shall be similar to the tables contained in the Renewable Resource Assessments prepared under section 3(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1601(a) (10) External complex data requests (A) In general The Secretary shall establish an office, a data platform, or both to process and respond to complex data requests submitted by external organizations relating to the program under this subsection. (B) Fees To cover the costs of processing of and responding to complex data requests described in subparagraph (A), the Secretary may impose fees on the external organizations submitting the requests. (11) Reports Each year, the Secretary shall publish as part of the forest inventory and analysis business report a detailed description of the progress of the Secretary in implementing the programmatic elements of the strategic plan described in paragraph (6), including— (A) the costs and priorities of the strategic plan; and (B) how the program under this subsection leverages new technology, improves and standardizes collection protocols, and increases workforce capacity. . (b) Remote sensing technologies Section 8632(1) of the Agriculture Improvement Act of 2018 ( 16 U.S.C. 1642 Public Law 115–334 technologies technologies, such as microwave, LiDAR, hyperspectral, and high-resolution remote sensing data for data collection, and machine learning for improved modeling,

Forest Data Modernization Act of 2023

SCORE for Small Business Act of 2023 This bill reauthorizes through FY2025 the Service Corps of Retired Executives (SCORE) program, outlines the duties of the SCORE Association, and requires the Small Business Administration (SBA) to cooperate with the association to carry out the program. Specifically, the bill requires the association to manage nationwide chapters of the program to enable volunteers participating in the program to provide personal, cost-free business expertise and facilitate education workshops to small businesses. The association must also offer online counseling through web-based platforms to small businesses. In consultation with the association, the SBA must ensure that the program (1) recruits diverse volunteers for each chapter of the program, and (2) provides services to rural and underserved communities.

118 S1744 IS: SCORE for Small Business 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. 1744 IN THE SENATE OF THE UNITED STATES May 18, 2023 Mr. Coons Mr. Cardin Mr. Markey Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to reauthorize the SCORE program, and for other purposes. 1. Short title This Act may be cited as the SCORE for Small Business Act of 2023 2. Definitions In this Act: (1) Administration; Administrator The terms Administration Administrator (2) SCORE Association; SCORE Program The terms SCORE Association SCORE program 15 U.S.C. 632 (3) Small business concern The term small business concern 15 U.S.C. 632 3. SCORE Program provisions and requirements Section 8 of the Small Business Act ( 15 U.S.C. 637 (1) in subsection (b)(1)(B)— (A) by striking a Service Corps of Retired Executives (SCORE) the SCORE program (B) by striking SCORE may the SCORE Association may (2) by striking subsection (c) and inserting the following: (c) SCORE program (1) Cooperative agreement The Administrator shall enter into a cooperative agreement with the SCORE Association to carry out the SCORE program, which shall include the following requirements: (A) Administrator duties The Administrator shall— (i) every 2 years, conduct a financial examination of the SCORE Association to ensure that any costs paid for with Federal funds are allowable, allocable, and reasonable; (ii) review and approve contracts entered into by the SCORE Association to provide goods or services for the SCORE program of a value greater than an amount determined by the Administrator; (iii) maintain a system through which the SCORE Association provides documentation relating to those contracts; and (iv) not later than 30 days after the receipt of a quarterly report on the achievements of the SCORE program submitted by the SCORE Association, reconcile differences between that report and the performance results of the SCORE program reported in a management information system of the Office of Entrepreneurial Development. (B) SCORE Association duties The SCORE Association shall— (i) manage nationwide chapters of the SCORE program; (ii) provide annual training to employees of the SCORE Association on generating and using program income from the SCORE program; (iii) submit documentation to the Administrator verifying the annual training is completed; (iv) maintain separation of funds donated to the SCORE Association from program income and funds received pursuant to a cooperative agreement; and (v) maintain and enforce requirements for volunteers participating in the SCORE program, including requirements that each volunteer shall— (I) based on the business experience and knowledge of the volunteer— (aa) provide personal counseling, mentoring, and coaching on the process of starting, expanding, managing, buying, and selling a business at no cost to individuals who own, or aspire to own, small business concerns; and (bb) facilitate free or low-cost education workshops for individuals who own, or aspire to own, small business concerns; and (II) as appropriate, use tools, resources, and expertise of other organizations to carry out the SCORE program. (C) Joint duties The Administrator, in consultation with the SCORE Association, shall ensure that the SCORE program and each chapter of the SCORE program— (i) develop and implement plans and goals to effectively and efficiently provide services to individuals in rural areas, economically disadvantaged communities, or other traditionally underserved communities, including plans for virtual, remote, and web-based initiatives, chapter expansion, partnerships, and the development of new skills by volunteers participating in the SCORE program; and (ii) reinforce an inclusive culture by recruiting diverse volunteers for the chapters of the SCORE program. (2) Online component In addition to providing in-person services, the SCORE Association shall maintain and expand online counseling services including webinars, electronic mentoring platforms, and online toolkits to further support entrepreneurs. (3) Accounting The SCORE Association shall— (A) maintain a centralized accounting and financing system for each chapter of the SCORE program; (B) maintain a uniform policy and procedures to manage Federal funds received pursuant to a cooperative agreement described in paragraph (1); and (C) maintain an employee of the SCORE Association to serve as a compliance officer to ensure expenditures of the SCORE program are fully compliant with any law, regulation, or cooperative agreement relating to the SCORE program. (4) Compensation The SCORE Association shall— (A) maintain a documented compensation policy that— (i) specifies the maximum rate of pay allowable for any individual in the SCORE Association; (ii) specifies the maximum percent of the aggregate salaries of employees of the SCORE Association that may be spent on individual performance awards to employees of the SCORE Association; and (iii) shall be reviewed annually by the SCORE Association and the Administrator; (B) prohibit payment of salaries or performance awards that exceed the limits set by the SCORE Association compensation policy; and (C) prohibit members of the Board of Directors of the SCORE Association or any employees of the SCORE Association from simultaneously serving on the Board of Directors of, or receiving compensation from, the SCORE Foundation without written approval from the Administrator. (5) Whistleblower protection requirements The SCORE Association shall— (A) annually update all manuals or other documents applicable to employees and volunteers of the SCORE Association or the SCORE program to include requirements relating to reporting procedures and protections for whistleblowers; and (B) conduct an annual training for employees and volunteers of the SCORE Association or the SCORE program on the requirements described in subparagraph (A) and encourage the use of the hotline established by the Office of the Inspector General of the Administration to submit whistleblower reports. (6) Published materials The SCORE Association shall ensure all published materials include written acknowledgment of Administration support of the SCORE program if those materials are paid for in whole or in part by Federal funds. (7) Privacy requirements (A) In general Neither the Administrator nor the SCORE Association may disclose the name, email address, address, or telephone number of any individual or small business concern receiving assistance from the SCORE Association without the consent of the individual or small business concern, unless— (i) the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (ii) the Administrator determines that a disclosure is necessary for the purpose of conducting a financial audit of the SCORE program, in which case disclosure shall be limited to the information necessary for the audit. (B) Administrator use of information This paragraph shall not— (i) restrict the access of the Administrator to SCORE program activity data; or (ii) prevent the Administrator from using SCORE program client information to conduct client surveys. (C) Standards (i) In general The Administrator shall, after opportunity for notice and comment, establish standards for— (I) disclosures with respect to financial audits described in subparagraph (A)(ii); and (II) conducting client surveys, including standards for oversight of the surveys and for dissemination and use of client information. (ii) Maximum privacy protection The standards issued under this subparagraph shall, to the extent practicable, provide for the maximum amount of privacy protection. (8) Annual report Not later than 180 days after the date of enactment of the SCORE for Small Business Act of 2023 (A) the total number and the number of unique clients counseled or trained under the SCORE program; (B) the total number of hours of counseling or training provided under the SCORE program; (C) the total number of local workshops provided under the SCORE program; (D) the total number of clients attending local workshops provided under the SCORE program; (E) to the extent practicable, the demographics of SCORE program clients and volunteers, which may include the gender, race, ethnicity, and age of each client or volunteer; (F) the number of SCORE program clients and volunteers who are veterans; (G) the number of referrals of SCORE program clients to other resources and programs of the Administration; (H) the results of SCORE program client satisfactory surveys, including a summary of any comments received from those clients; (I) the number of new businesses started by SCORE program clients; (J) the percentage of new revenue growth realizing by businesses assisted by the SCORE program; (K) to the extent practicable, the number of jobs created with assistance from the SCORE program; (L) the total cost of the SCORE program; (M) any recommendations of the Administrator to improve the SCORE program; (N) an explanation of how the SCORE program has been integrated with— (i) small business development centers; (ii) women’s business centers described in section 29; (iii) Veteran Business Outreach Centers described in section 32; (iv) other offices of the Administration; and (v) other public and private entities engaging in entrepreneurial and small business development; (O) the SCORE compensation policy for the relevant fiscal year, including— (i) a list of any changes to the compensation policy since the previous fiscal year; and (ii) justification if the maximum rate of pay allowable for any individual in the SCORE Association exceeds the maximum rate of pay allowable for an individual in the career Senior Executive Service employed at the Administration; (P) the names, positions, and salaries of any employees of the SCORE Association whose salaries exceed the maximum rate of pay allowable per the SCORE compensation policy; (Q) the percent of the aggregate salaries of employees of the SCORE Association spent on individual performance awards to employees of the SCORE Association, with a justification if this amount exceeds 10 percent; (R) the total amount of performance awards that have been disbursed or will be disbursed after the last day of the fiscal year in which the awards were earned and a justification for any awards that have been disbursed or will be disbursed outside the fiscal year in which the awards were earned; and (S) the names, positions, and salaries of any members of the Board of Directors of the SCORE Association or any employees of the SCORE Association that simultaneously serve on the Board of Directors of, or receive compensation from, the SCORE Foundation without written approval of the Administrator. . 4. Authorization of appropriations for the SCORE program Section 20 of the Small Business Act ( 15 U.S.C. 631 (i) SCORE program There are authorized to be appropriated to the Administrator to carry out the SCORE program such sums as are necessary for the Administrator to make grants or enter into cooperative agreements in a total amount that does not exceed $18,000,000 in each of fiscal years 2024 and 2025. . 5. Reporting requirements (a) Study and report on the future role of the SCORE program (1) Study The SCORE Association shall carry out a study on the future role of the SCORE program and develop a strategic plan for how the SCORE program will meet the needs of small business concerns during the 5-year period beginning on the date of enactment of this Act, with specific objectives for the first, third, and fifth years of the 5-year period. (2) Report Not later than 180 days after the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing— (A) all findings and determinations made in carrying out the study required under paragraph (1); (B) the strategic plan developed under paragraph (1); and (C) an explanation of how the SCORE Association plans to achieve the strategic plan, assuming both stagnant and increased funding levels. (b) Administrator report on leased space Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing an assessment of the cost of leased space that is donated to the SCORE Association. (c) Online component report Not later than 3 months after the last day of the first full fiscal year following the date of enactment of this Act, the SCORE Association shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the effectiveness of the online counseling services required under paragraph (2) of section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) (1) how the SCORE Association determines electronic mentoring and webinar needs, develops training for electronic mentoring, establishes webinar criteria curricula, and evaluates webinar and electronic mentoring results; (2) the internal controls that are used and a summary of the topics covered by the webinars; and (3) performance metrics, including the number of small business concerns counseled by, the number of small business concerns created by, the number of jobs created and retained by, and the funding amounts directed towards those online counseling services. 6. Technical and conforming amendments (a) Small Business Act The Small Business Act ( 15 U.S.C. 631 et seq. (1) in section 3 ( 15 U.S.C. 632 (gg) SCORE program definitions In this Act: (1) SCORE program The term SCORE program (2) SCORE Association The term SCORE Association (3) SCORE Foundation The term SCORE Foundation ; (2) in section 7 ( 15 U.S.C. 636 (A) in subsection (b)(12)— (i) in the paragraph heading, by striking score SCORE program (ii) in subparagraph (A), by striking Service Corps of Retired Executives SCORE program (B) in subsection (m)(3)(A)(i)(VIII), by striking Service Corps of Retired Executives SCORE program (3) in section 20(d)(1)(E) ( 15 U.S.C. 631 Service Corps of Retired Executives program SCORE program (4) in section 22 ( 15 U.S.C. 649 (A) in subsection (b)— (i) in paragraph (1), by striking Service Corps of Retired Executives authorized by section (8)(b)(1) SCORE program (ii) in paragraph (3), by striking Service Corps of Retired Executives SCORE program (B) in subsection (c)(12), by striking Service Corps of Retired Executives authorized by section 8(b)(1) SCORE program (b) Other laws (1) Small Business Reauthorization Act of 1997 Section 707 of the Small Business Reauthorization Act of 1997 ( 15 U.S.C. 631 Service Corps of Retired Executives (SCORE) program SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) (2) Veterans Entrepreneurship and Small Business Development Act of 1999 Section 301 of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking Service Core of Retired Executives (described in section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) SCORE SCORE program described in section 8(c) of the Small Business Act ( 15 U.S.C. 637(c) SCORE program (ii) in paragraphs (1), (2), and (3), by striking SCORE the SCORE program (iii) in paragraph (2), by striking the establishing (B) in subsection (b), by striking SCORE the SCORE program (3) Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 The Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 ( 15 U.S.C. 636 (A) in section 3, by striking paragraph (5) and inserting the following: (5) the term SCORE program 15 U.S.C. 637(c) ; and (B) in section 201(c)(2)(B)(i), by striking Service Corps of Retired Executives SCORE program (4) Children’s Health Insurance Program Reauthorization Act of 2009 Section 621 of the Children’s Health Insurance Program Reauthorization Act of 2009 ( 15 U.S.C. 657p (A) in subsection (a), by striking paragraph (4) and inserting the following: (4) the term SCORE program 15 U.S.C. 637(c) ; and (B) in subsection (b)(4)(A)(iv), by striking Service Corps of Retired Executives SCORE program (5) Energy Policy and Conservation Act Section 337(d)(2)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6307(d)(2)(A) Service Corps of Retired Executives (SCORE) SCORE program

SCORE for Small Business Act of 2023

Sergeant First Class Michael Clark TRICARE Reserve Parity Act This bill extends the period of eligibility for health benefits under TRICARE Reserve Select for immediate family members to three years beyond the date of the death of a member of a reserve component. Under current law, the eligibility period continues for six months beyond the date of the death.

118 S1755 IS: Sergeant First Class Michael Clark TRICARE Reserve Parity Act U.S. Senate 2023-05-30 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. 1755 IN THE SENATE OF THE UNITED STATES May 30, 2023 Mr. Blumenthal Ms. Warren Committee on Armed Services A BILL To amend title 10, United States Code, to extend the period during which certain survivors of a member of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces are eligible for health benefits under TRICARE Reserve Select. 1. Short title This Act may be cited as the Sergeant First Class Michael Clark TRICARE Reserve Parity Act 2. Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve Section 1076d(c) of title 10, United States Code, is amended by striking six months three years

Sergeant First Class Michael Clark TRICARE Reserve Parity Act

Fair Courts Act of 2023 This bill prohibits a federal court from granting a form of relief that has nationwide applicability unless the case is heard and determined by a panel of three district court judges. This relief includes granting an injunction that restrains the federal government or federal officers, an order that vacates a federal regulation, or a stay of any such relief. The bill also requires a district court to ensure that a case does not have greater than a 25% chance to be assigned to particular judge. The chief judge of the circuit is allowed to assign judges from adjacent districts to other districts that do not have enough judges to comply. District courts must also publish orders regarding the division of business among judges.

118 S1758 IS: Fair Courts Act of 2023 U.S. Senate 2023-05-30 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. 1758 IN THE SENATE OF THE UNITED STATES May 30, 2023 Mr. Wyden Committee on the Judiciary A BILL To address the rising trend of venue-shopping in Federal courts. 1. Short title This Act may be cited as the Fair Courts Act of 2023 2. Reinstating 3-judge requirement for suits seeking nationwide relief (a) In general Chapter 155 2282. Nationwide relief; three-judge court required (a) Definition In this section, the term nationwide relief (1) an interlocutory or permanent injunction restraining the Federal Government or a Federal officer with respect to any person other than the plaintiff; (2) any order that vacates a Federal regulation on a nationwide basis; and (3) a stay of execution of a judgment granting relief described in paragraph (1) or (2). (b) Requirement (1) In general A court of the United States or judge thereof may not grant any form of nationwide relief unless the application therefor is heard and determined by a district court of 3 judges under section 2284. (2) Exceptions Paragraph (1) shall not apply to the Supreme Court of the United States or a court of appeals of the United States. (3) Rule of construction Nothing in this section shall be construed to expand or limit the forms of relief that the courts of the United States may grant. . (b) Technical and conforming amendment The table of sections for chapter 155 2282. Nationwide relief; three-judge court required. . 3. Random assignment of cases (a) Division of business among district judges Section 137 of title 28, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Random assignment of cases (1) In general In establishing rules for the division of business among district judges, a district court shall ensure that the probability that an action, suit, or proceeding is assigned to any particular judge does not exceed 25 percent. (2) Exceptions Paragraph (1) shall not apply to— (A) a criminal proceeding; (B) an action, suit, or proceeding that is related to another action, suit, or proceeding pending before a judge of the district court; (C) an application for a writ of habeas corpus under section 2242 or any related proceeding; or (D) a motion to vacate, set aside, or correct a sentence under section 2252 or any related proceeding. (3) Low-population districts (A) Definition In this paragraph, the term low-population district (B) Use of judges from adjacent districts The chief judge of the circuit in which a low-population district is located may assign 1 or more judges from 1 or more districts that are adjacent to, and in the same State as, the low-population district to serve in the low-population district as necessary to ensure that the probability that an action, suit, or proceeding is assigned to any particular judge does not exceed 25 percent, as required under paragraph (1). (C) Exception Notwithstanding paragraph (1), if there are no adjacent districts within the same State as a low-population district, the probability that an action, suit, or proceeding is assigned to any particular judge in the low-population district may not be greater than the percentage obtained by dividing the number 1 by the number of judges within the low-population district. . (b) Three-Judge courts Section 2284(b)(1) of title 28, United States Code, is amended— (1) in the first sentence, by striking designate two randomly designate three (2) in the second sentence, by striking , and the judge to whom the request was presented, 4. Publication of division orders Section 137 of title 28, United States Code, as amended by section 3, is amended by adding at the end the following: (d) Publication of division orders A district court shall publish any order for the division of business among district judges with other standing orders on the website of the district. .

Fair Courts Act of 2023

Expanding Agricultural Exports Act of 2023 This bill expands and extends through FY2029 the Market Access Program and Foreign Market Development Cooperator Program of the Department of Agriculture.

118 S176 IS: Expanding Agricultural Exports 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. 176 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. King Ms. Ernst Ms. Smith Ms. Collins Mr. Grassley Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Trade Act of 1978 to extend and expand the Market Access Program and the Foreign Market Development Cooperator Program. 1. Short title This Act may be cited as the Expanding Agricultural Exports Act of 2023 2. Findings Congress finds that— (1) between 1977 and 2019, the export promotion programs of the Department of Agriculture— (A) have added an average of $9,600,000,000 annually to the value of United States agricultural exports, equal to a total of nearly $648,000,000,000, or 13.7 percent, in additional export revenue; and (B) have generated a net return of $24.50 for every dollar invested; (2) between 2002 and 2019, the export promotion programs of the Department of Agriculture— (A) have contributed to the creation of up to 225,800 full- and part-time jobs across the United States economy; and (B) have added up to $45,000,000,000 in gross economic output and $22,300,000,000 in gross domestic product; (3) communities across the United States producing agricultural commodities as varied as apples, cotton, beef, soybeans, rice, wheat, dairy, corn, citrus, wine, pork, peanuts, cranberries, lentils, tree nuts, timber, poultry, potatoes, and seafood have utilized the export promotion programs of the Department of Agriculture to increase access to foreign markets; (4) private sector contributions have helped maintain the public-private partnership between the Department of Agriculture and private agricultural groups as available funds from the Department of Agriculture have declined, with private contributions representing approximately 70 to 77 percent of the funds available for export promotion from 2013 to 2019; (5) foreign competitors have expanded their agricultural export promotion programs at a far faster rate than the United States, placing United States producers at a competitive disadvantage in international markets; (6) the economic impact of the export promotion programs of the Department of Agriculture has eroded in recent years, as funding for the Market Access Program has remained static since 2006 and funding for the Foreign Market Development Cooperator Program has remained static since 2002, while inflation has increased; and (7) a recent academic analysis found that doubling public funding for the Market Access Program and the Foreign Market Development Cooperator Program, coupled with increasing private contributions ranging from 10 to 20 percent, would result in average annual gains in agricultural exports of approximately $7,400,000,000. 3. Agricultural trade promotion and facilitation Section 203(f) of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5623(f) (1) in paragraph (2)— (A) by striking 2019 through 2023 2024 through 2029 (B) by striking $255,000,000 $489,500,000 (2) in paragraph (3)(A)— (A) in the matter preceding clause (i), by striking 2019 through 2023 2024 through 2029 (B) in clause (i), by striking $200,000,000 $400,000,000 (C) in clause (ii), by striking $34,500,000 $69,000,000

Expanding Agricultural Exports Act of 2023

Protecting our Students in Schools Act of 2023 This bill prohibits the use of corporal punishment in schools that receive federal funding. Specifically, the bill authorizes the Department of Education (ED) to take specified actions (e.g., withholding funds and issuing cease-and-desist orders) for schools that allow school personnel, law enforcement officers, or school security guards to subject students to corporal punishment. The bill also establishes enforcement provisions, including a private right of action for a student who has been subjected to corporal punishment. Each state educational agency (SEA) that receives federal funding must submit specified information to ED, including a school climate report that describes the SEA's policies and procedures related to exclusionary and aversive discipline practices in schools. Additionally, the bill authorizes ED to award three-year grants to SEAs and, through them, subgrants to local educational agencies to implement positive behavioral interventions and supports to address student behavior and reduce exclusionary and aversive discipline practices. ED must promulgate regulations as necessary to ensure compliance with the bill. The Department of Defense and the Department of the Interior must ensure that the schools they operate or fund also comply with these regulations.

118 S1762 IS: Protecting our Students in Schools Act of 2023 U.S. Senate 2023-05-30 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. 1762 IN THE SENATE OF THE UNITED STATES May 30, 2023 Mr. Murphy Mr. Brown Mr. Casey Mr. Durbin Mr. Sanders Mr. Van Hollen Committee on Health, Education, Labor, and Pensions A BILL To prohibit the use of corporal punishment in schools, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Protecting our Students in Schools 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. Purposes. Sec. 3. Definitions. Title I—Prohibition of Corporal Punishment Sec. 101. Prohibition of corporal punishment. Sec. 102. Civil actions by the Attorney General. Sec. 103. Enforcement by the Office for Civil Rights. Sec. 104. Parent notification and protection and advocacy systems. Title II—State Activities and Grant Program Sec. 201. State plan and enforcement. Sec. 202. Grant authority. Title III—Additional Provisions Sec. 301. Federal regulations. Sec. 302. Other schools. Sec. 303. Limitation of authority. Sec. 304. Applicability to private schools and home schools. Sec. 305. Severability. Sec. 306. Authorization of appropriations. 2. Purposes The purposes of this Act are to— (1) eliminate the use of corporal punishment in schools; (2) ensure, regardless of sexual orientation, gender identity or expression, sex, race, color, national origin, disability, or religion, the health and safety of all students and program personnel in schools and promote a positive school climate and culture; (3) assist States, local educational agencies, and schools in improving school climate and culture by implementing positive behavioral interventions and supports, and other models (including models such as restorative justice interventions, trauma-informed care, multi-tiered system of supports, crisis and de-escalation interventions, implicit bias training, and culturally responsive teaching), to address student behavior and work to eliminate the use of exclusionary and aversive discipline practices or interventions; (4) ensure all program personnel have the supports and training necessary to implement positive behavioral interventions and supports and other models to address student behavior and improve school climate and culture; and (5) collect and analyze data on exclusionary and aversive discipline practices or interventions in schools. 3. Definitions In this Act: (1) Corporal punishment The term corporal punishment (2) ESEA terms The terms elementary school evidence-based local educational agency outlying area parent secondary school Secretary State State educational agency 20 U.S.C. 7801 (3) Exclusionary discipline The term exclusionary discipline (4) Model The term model (5) Positive behavioral interventions and supports The term positive behavioral interventions and supports (A) means a schoolwide, systematic approach that embeds evidence-based practices and data-driven decision-making to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all students (including students with the most complex and intensive behavioral needs); and (B) encompasses a range of systemic and individualized positive strategies to teach and reinforce school-expected behaviors, while discouraging and diminishing undesirable behaviors. (6) Program The term program (A) all of the operations of a local educational agency, system of vocational education, or other school system; (B) a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act ( 42 U.S.C. 9831 et seq. (C) an elementary school or secondary school that is not a public school that enrolls a student who receives special education and related services under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. (7) Program personnel (A) In General Subject to subparagraph (B), the term program personnel (i) school leaders; (ii) teachers; (iii) specialized instructional support personnel; (iv) paraprofessionals; or (v) other staff. (B) Exclusion Notwithstanding subparagraph (A), program personnel shall not include a law enforcement officer or a school security guard. (8) Protection and advocacy system The term protection and advocacy system 42 U.S.C. 15043 (9) Law enforcement officer The term law enforcement officer (A) means any person who— (i) is a State, Tribal, or local law enforcement officer (as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 (ii) is assigned by the employing law enforcement agency to a program, who is contracting with a program, or who is employed by a program; and (B) includes an individual referred to as a school resource officer (10) School security guard The term school security guard (A) Assisting program personnel in safety incidents. (B) Educating students in crime and illegal drug use prevention and safety. (C) Developing or expanding community justice initiatives for students. (D) Training students in conflict resolution and supporting restorative justice programs. (E) Serving as a liaison between the program and outside agencies, including other law enforcement agencies. (F) Screening students or visitors to the program for prohibited items. (11) Student The term student I Prohibition of Corporal Punishment 101. Prohibition of corporal punishment (a) Prohibition No student shall be subjected to corporal punishment by program personnel, a law enforcement officer, or a school security guard under any program which receives Federal financial assistance. (b) Private right of action A student who has been subjected to corporal punishment by program personnel, a law enforcement officer, or a school security guard in violation of subsection (a), or the parent of such student, may file a civil action in any Federal or State court of competent jurisdiction against the program under which the violation is alleged to have occurred for attorneys’ fees, expert fees, injunctive relief, and compensatory damages. 102. Civil actions by the Attorney General Whenever the Attorney General receives a complaint in writing signed by a parent (including a legal guardian) or a group of parents (including legal guardians) to the effect that the minor children of such a parent or parents are being deprived by a program of the right under this Act to not be subject to corporal punishment by program personnel, law enforcement officers, or school security guards and the Attorney General believes the complaint is meritorious, the Attorney General is authorized, after giving notice of such complaint to the appropriate program and after certifying that the Attorney General is satisfied that such program has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder. 103. Enforcement by the Office for Civil Rights (a) Referral to Office for Civil Rights The Secretary shall refer any complaint alleging a violation of section 101(a) to the Office for Civil Rights of the Department of Education for an investigation. (b) Process for referral Not later than 90 days after the date of the enactment of this Act, the Secretary shall develop and implement a procedure for receiving a complaint alleging a violation of section 101(a). (c) Failure To comply In the event that a program has failed to comply with section 101(a), the Secretary shall carry out at least one of the following: (1) Withhold from such program, in whole or in part, further payments (including payments for administrative costs) under an applicable program (as such term is defined in section 400(c) of the General Education Provisions Act ( 20 U.S.C. 1221(c) 20 U.S.C. 1234d (2) Enter into a compliance agreement in accordance with section 457 of the General Education Provisions Act ( 20 U.S.C. 1234f (3) Issue a complaint to compel compliance of such program through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act ( 20 U.S.C. 1234e (d) Cessation of withholding of funds If the Secretary determines (whether by certification or other appropriate evidence) that a program that is subject to the withholding of payments under subsection (c)(1) of this section has cured the failure providing the basis for the withholding of payments on a date that is within one year from the date on which such payments were first withheld, the Secretary shall— (1) cease the withholding of payments with respect to that program under such subsection; and (2) reimburse all the withheld payments under such subsection to such program. (e) Withheld funds The funds appropriated or made available for the payments that were withheld under subsection (c)(1) shall be available for expenditure to that program pursuant to this subsection for up to one year from the date upon which the determination in subsection (d) was made. (f) Rule of construction Nothing in this section shall be construed to limit the Secretary’s authority under the General Education Provisions Act ( 20 U.S.C. 1221 et seq. 104. Parent notification and protection and advocacy systems (a) Notification If a student is subject to corporal punishment committed by program personnel, a law enforcement officer, or a school security guard at a program, the program serving such student shall notify, in writing, not later than 24 hours after such use of force occurs, the facts of such use of force to— (1) the parent or parents of such student; (2) the State educational agency; and (3) the local law enforcement agency. (b) Notification for students with disabilities In the case of a student described in subsection (a) who is an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 (1) in addition to the notification described in such subsection, notify, in writing, not later than 24 hours after the use of force described in such subsection occurs, the facts of such use of force to the relevant protection and advocacy system; and (2) provide any information to the relevant protection and advocacy system that the protection and advocacy system may require. (c) Restatement of authority Protection and advocacy systems shall have the same authorities and rights provided under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15041 et seq. II State Activities and Grant Program 201. State plan and enforcement (a) State requirements In accordance with the schedule specified in subsection (c), each State educational agency that receives Federal financial assistance shall provide to the Secretary— (1) in the case of a State that did not prohibit corporal punishment in schools before the date of enactment of this Act, a written assurance that— (A) all programs located in such State have been notified of the requirements of this Act; (B) all program personnel of such State educational agency have received training with respect to such requirements; (C) parents of students served by such State educational agency have been notified of the requirements, rights, and remedies available under this Act; and (D) the notification required under subparagraph (C) is publicly available on the website of the State educational agency; (2) in the case of a State that prohibited corporal punishment in schools before the date of enactment of this Act, a written assurance that all programs located in such State have been notified of the requirements of this Act; and (3) a school climate report that includes a description of— (A) the policies and procedures of the State educational agency with respect to exclusionary and aversive discipline practices or interventions in such schools; (B) how the State educational agency plans to implement, is implementing, or has implemented positive behavioral interventions and supports and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions in the public elementary and secondary schools of such State as required under section 1111(g)(1)(C) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(g)(1)(C) (C) efforts of the State educational agency to ensure program personnel receive the supports and training necessary to implement the interventions, supports, and other models described in subparagraph (B). (b) Local educational agency requirements In accordance with the schedule specified in subsection (c), each local educational agency shall submit to the State educational agency a report that includes the information the State educational agency determines necessary to comply with the requirements of subsection (a). (c) Submission schedule States and local educational agencies shall make the submissions required under subsections (a) and (b) as follows: (1) The initial submissions shall be made not later than one year after the date of enactment of this Act and on an annual basis during each of the 3 years following the year of the first submission. (2) After the expiration of the 3-year period described in paragraph (1), subsequent submissions shall be made not less frequently than once every two years. (d) Report For each year in which the Secretary receives submissions from States in accordance with the schedule specified in subsection (c), the Secretary shall— (1) submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report summarizing the findings of the school climate reports received from States for such year; and (2) make the school climate reports publicly available. (e) Enforcement (1) In general (A) Use of remedies If a State educational agency fails to comply with subsection (a), the Secretary shall carry out at least one of the following: (i) Withhold, in whole or in part, further payments under an applicable program (as such term is defined in section 400(c) of the General Education Provisions Act ( 20 U.S.C. 1221(c) 20 U.S.C. 1234d (ii) Enter into a compliance agreement in accordance with section 457 of the General Education Provisions Act ( 20 U.S.C. 1234f (iii) Issue a complaint to compel compliance of the State educational agency through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act ( 20 U.S.C. 1234e (B) Cessation of withholding of funds If the Secretary determines (whether by certification or other appropriate evidence) that a State educational agency that is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for the withholding of payments within one year from the date on which such payments were first withheld, the Secretary shall— (i) cease the withholding of payments with respect to the State educational agency under such subparagraph; and (ii) reimburse all the withheld payments under such subparagraph to such State educational agency. (2) Withheld funds The funds appropriated or made available for the payments that were withheld under paragraph (1)(A)(i) shall be available for expenditure to that program pursuant to this paragraph for up to one year from the date upon which the determination in paragraph (1)(B) was made. (3) Rule of construction Nothing in this subsection shall be construed to limit the Secretary’s authority under the General Education Provisions Act ( 20 U.S.C. 1221 et seq. 202. Grant authority (a) In general From the amount appropriated under section 306, the Secretary may award grants to State educational agencies to improve school climate and culture by implementing positive behavioral interventions and supports and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions in public elementary schools and secondary schools. (b) Duration of grant (1) In general A grant under this section shall be awarded to a State educational agency for a three-year period. (2) Reapplication At the end of a grant period described in paragraph (1), a State educational agency desiring a subsequent grant under this section may be eligible for such grant if such State educational agency— (A) submits an application under subsection (c); and (B) demonstrates— (i) that such State educational agency effectively used grant funds to carry out the required activities under subsection (e) during the previous grant period; and (ii) with respect to such State educational agency, a decrease in at least one of the following: (I) Exclusionary and aversive discipline practices or interventions, including in-school suspensions, out-of-school suspensions, and expulsions. (II) School-related arrests. (III) Referrals of students to law enforcement. (3) Data A State educational agency shall, with respect to the data used under paragraph (2)(B)(ii)— (A) cross-tabulate such data and disaggregate by race, gender, disability, and English learner status; and (B) redact all personally identifiable information from such data. (c) Application (1) In general Each State educational agency desiring 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— (A) information on how the State educational agency will carry out the required activities specified in subsection (e); (B) a description of how the State educational agency will improve school climate and culture by reducing the use of exclusionary and aversive discipline practices or interventions; (C) a description of how the State educational agency will implement positive behavioral interventions and supports, and other models (including models such as restorative justice interventions, trauma-informed care, multi-tiered system of supports, crisis and de-escalation interventions, implicit bias training, and culturally responsive teaching), to address student behavior and work to eliminate the use of exclusionary and aversive discipline practices or interventions; and (D) a description of how the State educational agency will develop and implement high-quality training for program personnel designed to improve school climate and culture and increase the use of positive behavioral interventions and supports and other models to address student behavior and reduce the use of exclusionary and aversive discipline practices or interventions. (2) Priority In awarding grants under this section, the Secretary shall give priority to State educational agencies— (A) with a high percentage of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, and referrals of students to law enforcement; (B) that lack positive behavioral interventions and supports and other models to improve school climate and culture; or (C) that are in most need of assistance relating to improving school climate and culture by reducing the use of exclusionary and aversive discipline practices or interventions, as determined by the Secretary. (d) Authority To make subgrants (1) In general A State educational agency receiving a grant under this section may use such grant funds to award subgrants, on a competitive basis in accordance with subsection (e)(2), to local educational agencies. (2) Application A local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable State educational agency at such time, in such manner, and containing such information as the State educational agency may require, including the information described in subparagraphs (A) through (D) of subsection (c)(1) with respect to the local educational agency. (e) Required activities (1) In general A State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section shall use such grant or subgrant funds to carry out the following: (A) Developing and implementing high-quality training for program personnel designed to— (i) improve school climate and culture; (ii) increase use of positive behavioral interventions and supports and other models to address student behavior; and (iii) reduce the use of exclusionary and aversive discipline practices or interventions and the discriminatory and disproportionate impact such practices have on students based on their race, ethnicity, gender, or disability. (B) Providing technical assistance to improve school climate and culture by implementing positive behavioral interventions and supports, and other models (including models such as restorative justice interventions, trauma-informed care, multi-tiered system of supports, crisis and de-escalation interventions, implicit bias training, and culturally responsive teaching), to address student behavior and work to eliminate the use of exclusionary and aversive discipline practices or interventions. (C) Researching, developing, implementing, and evaluating models, policies, and procedures to reduce the use of exclusionary and aversive discipline practices or interventions in public elementary schools and secondary schools. (2) Priority A State educational agency or local educational agency shall prioritize carrying out the activities specified in subparagraphs (A) through (C) of paragraph (1) in public elementary schools and secondary schools— (A) in which a disproportionately high percentage of students who have been subjected to disciplinary proceedings or have otherwise experienced the application of such a school’s discipline policies, practices, and procedures, relative to such school’s total student population, are students of color or students with disabilities (as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 (B) with a high percentage of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, and referrals of students to law enforcement; (C) that lack positive behavioral interventions and supports and other models to improve school climate and culture; or (D) that have demonstrated meaningful community engagement in selecting models to improve school climate and culture. (f) Evaluation and report (1) Local educational agency reports Each local educational agency receiving a subgrant under this section shall, at the end of the grant period for such subgrant, prepare and submit to the State educational agency a report that— (A) evaluates the progress of the local educational agency toward carrying out the required activities under subsection (e); and (B) includes any additional information the State educational agency determines necessary to complete the report required under paragraph (2). (2) State educational agency reports Each State educational agency receiving a grant under this section shall, at the end of the three-year grant period for such grant, prepare and submit to the Secretary a report that— (A) evaluates the State’s progress toward carrying out the required activities under subsection (e); (B) includes data on the impact of the grant program on school climate and culture during such grant period, including, with respect to the State educational agency, data on the prevalence of, and increase or decrease in— (i) exclusionary and aversive discipline practices or interventions, including in-school suspensions, out-of-school suspensions, and expulsions; (ii) school-related arrests; and (iii) student referrals to law enforcement; (C) includes the number of high-quality school climate and culture trainings conducted for program personnel during such grant period; (D) describes the models implemented to improve school climate and culture during such grant period; (E) specifies the number of subgrants made under subsection (d) and the local educational agencies that were awarded such subgrants; and (F) includes such information as the Secretary may require. (3) Data A State educational agency shall, with respect to the data described in paragraph (2)(B)— (A) cross-tabulate and disaggregate the data in the same manner as under subsection (b)(3)(A); and (B) redact all personally identifiable information from such data. (4) Publication Not later than one year after receiving a report under paragraph (2), the Secretary shall make the report publicly available on the website of the Department of Education. (g) Funds available for the Department of the Interior From the amount appropriated under section 306, the Secretary shall allocate— (1) 0.5 percent of such funds to the Secretary of the Interior for activities under this section with respect to schools operated or funded by the Department of the Interior, under such terms and conditions as the Secretary may prescribe; and (2) 0.5 percent of such funds for activities under this section with respect to schools operated in the outlying areas, under such terms and conditions as the Secretary may prescribe. III Additional Provisions 301. Federal regulations (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue such regulations as are necessary to reasonably ensure compliance with this Act. (b) Negotiated rulemaking process In carrying out subsection (a), the Secretary shall use a negotiated rulemaking process described in section 1601 and section 1602 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6571 establish a negotiated rulemaking process; 302. Other schools (a) Department of Defense The Secretary of Defense shall ensure that schools operated or funded by the Department of Defense Education Activity or otherwise operated or funded by the Department of Defense for the education of military-connected dependents comply with the regulations promulgated by the Secretary pursuant to this Act. (b) Department of Interior The Secretary of the Interior shall ensure that schools operated or funded by the Department of the Interior comply with the regulations promulgated by the Secretary pursuant to this Act. 303. Limitation of authority (a) In general Nothing in this Act shall be construed— (1) to restrict or limit, or allow the Secretary to restrict or limit, any other rights or remedies otherwise available to students or parents under Federal, State, or local law or regulation; or (2) to restrict or limit Federal, State, or local laws, regulations, or policies that provide for more stringent prohibitions or limitations on the use of corporal punishment than the prohibitions or limitations that are provided for in this Act. (b) Law enforcement officer duties Nothing in this Act shall be construed to prevent a sworn law enforcement officer from carrying out the lawful duties of the officer under otherwise applicable law. (c) Rule of construction on enforcement Nothing in this Act shall be construed to affect the enforcement of title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. 20 U.S.C. 1681 et seq. 29 U.S.C. 794 20 U.S.C. 3401 et seq. 304. Applicability to private schools and home schools (a) Private schools Nothing in this Act shall be construed to affect any private school that does not receive, or does not serve students who receive, support in any form from any program or activity supported, in whole or in part, with Federal funds. (b) Home schools Nothing in this Act shall be construed to— (1) affect a home school, whether or not a home school is treated as a private school or home school under State law; or (2) consider parents who are schooling a child at home as program personnel. 305. Severability If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remaining provisions of this Act and the application of such provisions to any person or circumstance shall not be affected thereby. 306. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2024 and each fiscal year thereafter.

Protecting our Students in Schools Act of 2023

Western Wildfire Support Act of 2023 This bill establishes activities to address wildfires. The bill requires the Department of Agriculture (USDA) and the Department of the Interior to establish spatial fire management plans before the end of FY2026. The bill establishes accounts in the Treasury for addressing wildfires, a program to train and certify citizens who wish to be able to volunteer to assist USDA or Interior during a wildland fire incident, a program to award grants to eligible states or units of local government to acquire slip-on tank and pump units for a surge capacity of resources for fire suppression, the Theodore Roosevelt Genius Prize for the management of wildfire-related invasive species, and the Management of Wildfire-Related Invasive Species Technology Advisory Board. The bill also requires the Department of Defense (DOD) to reimburse a state or federal agency for the costs of wildfire suppression as a result of a fire caused by DOD activity, requires the Joint Fire Science Program to work with unmanned aircraft test ranges to carry out research and development of unmanned aircraft system fire applications, requires federal and state disaster preparedness programs to include postdisaster assistance, and authorizes the Federal Emergency Management Agency to provide funding to a state agency to establish and operate a website to provide information relating to postfire recovery funding and resources to a community or an individual impacted by a wildland fire.

116 S1764 IS: Western Wildfire Support Act of 2023 U.S. Senate 2023-05-31 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. 1764 IN THE SENATE OF THE UNITED STATES May 31 (legislative day, May 30), 2023 Ms. Cortez Masto Committee on Energy and Natural Resources A BILL To improve Federal activities relating to wildfires, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Western Wildfire Support Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Preparation Sec. 101. Firefighting accounts. Sec. 102. Reimbursement for wildfires caused by military training. Sec. 103. Strategic wildland fire management planning. Sec. 104. Accounts to assist communities in planning and preparing for wildfires. Sec. 105. Community support during disaster response. TITLE II—Wildfire detection and suppression support Sec. 201. Wildfire detection equipment. Sec. 202. Grant program for slip-on tank units. Sec. 203. Assistance to States for operation of air tankers. Sec. 204. Research and development of unmanned aircraft system fire applications. Sec. 205. Study on effects of drone incursions on wildfire suppression. Sec. 206. Study on wildfire detection equipment and integration of artificial intelligence technologies. TITLE III—Post-fire recovery support Sec. 301. Funding for online guides for post-fire assistance. Sec. 302. Long-Term Burned Area Recovery account. Sec. 303. Prize for wildfire-related invasive species reduction. 2. Definitions In this Act: (1) Congressional committees The term congressional committees (A) the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate; and (B) the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives. (2) Federal land The term Federal land (A) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 (B) units of the National Park System; (C) units of the National Wildlife Refuge System; (D) land held in trust by the United States for the benefit of Indian Tribes or members of an Indian Tribe; and (E) land in the National Forest System. (3) National Forest System (A) In general The term National Forest System 16 U.S.C. 1609(a) (B) Exclusion The term National Forest System (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. (ii) National Forest System land east of the 100th meridian. (4) Secretaries The term Secretaries (A) the Secretary of the Interior; and (B) the Secretary of Agriculture. (5) Secretary concerned The term Secretary concerned (A) the Secretary of the Interior, in the case of Federal land under the jurisdiction of the Secretary of the Interior; and (B) the Secretary of Agriculture, in the case of Federal land under the jurisdiction of the Secretary of Agriculture. I Preparation 101. Firefighting accounts (a) Establishment of accounts There are established in the Treasury of the United States the following accounts: (1) The Firefighting Operations account for the Department of Agriculture. (2) The Firefighting Operations account for the Department of the Interior. (b) Budget activities within accounts The following activities shall be specified for funding within each Firefighting Operations account established by subsection (a): (1) Ground-based firefighting operations. (2) Aircraft use in firefighting operations. (c) Authorization of appropriations (1) Ground-based firefighting operations (A) Department of Agriculture There is authorized to be appropriated for fiscal year 2024 and each fiscal year thereafter to the account established by subsection (a)(1) not more than $3,000,000,000 for ground-based firefighting operations. (B) Department of the Interior There is authorized to be appropriated for fiscal year 2024 and each fiscal year thereafter to the account established by subsection (a)(2) not more than $1,000,000,000 for ground-based firefighting operations. (2) Aircraft use in firefighting operations There is authorized to be appropriated for fiscal year 2024 and each fiscal year thereafter to the accounts established by subsection (a), a total amount of not more than $500,000,000 for aircraft use in firefighting operations. (d) Presidential budget requests For fiscal year 2025 and each fiscal year thereafter, each Secretary concerned shall submit through the budget request of the President and in accordance with subsection (c), a request for amounts in the Wildland Fire Management appropriation account of the Secretary concerned to carry out the activities described in subsection (e). (e) Authorized activities (1) In general The Secretaries shall use amounts provided to the respective accounts established under subsection (a) as follows: (A) The Secretary of Agriculture shall use amounts appropriated under subsection (c)(1)(A) to carry out management activities for active wildfires through the Forest Service, except that none of the amounts may be used for the operation of aircraft. (B) The Secretary of the Interior shall use amounts appropriated under subsection (c)(1)(B) to carry out management activities for active wildfires, except that none of the amounts may be used for the operation of aircraft. (C) The Secretary concerned shall use amounts appropriated under subsection (c)(2) to acquire, by contract or purchase, and use aircraft, including unmanned aerial systems, for operations relating to wildland fires. (2) Limitation The Secretary concerned shall not use to carry out any activity authorized by paragraph (1)(C) amounts appropriated to accounts of the Secretary concerned other than amounts in the accounts established by subsection (a) specified for activities described in subsection (b)(2). (f) Accounting reports (1) In general Each Secretary concerned shall submit to the congressional committees monthly accounting reports regarding the amounts that have been obligated and expended under this section during the preceding month of the applicable fiscal year. (2) Inclusions Each report under paragraph (1) shall include a description of, with respect to the period covered by the report— (A) Federal ground-based equipment costs; (B) Federal aircraft use costs; (C) Federal personnel costs; (D) on-incident and off-incident support costs; and (E) funding allocated from the Wildland Fire Management account of the Secretary concerned to pay for administrative costs. (3) Requirements Each report under paragraph (1) shall be prepared in accordance with applicable national fire plan reporting procedures. 102. Reimbursement for wildfires caused by military training (a) Reimbursement required The Secretary of Defense shall, on application by a State or Federal agency, reimburse the State or Federal agency for the reasonable costs of the State or Federal agency for services provided in connection with fire suppression as a result of a fire caused by military training or other actions carried out by the Armed Forces or employees of the Department of Defense. (b) Limitation Services reimbursable under subsection (a) shall be limited to services proximately related to the fire for which reimbursement is sought. (c) Application Each application from a State or Federal agency for reimbursement for costs under subsection (a) shall provide an itemized request of the services covered by the application, including the costs of the services. (d) Funds Reimbursements under subsection (a) shall be made from amounts authorized to be appropriated to the Department of Defense for operation and maintenance. 103. Strategic wildland fire management planning (a) In general Not later than September 30, 2026, the Secretary concerned shall, in accordance with this section, establish a series of spatial fire management plans. (b) Use of existing plans To comply with this section, the Secretary concerned may use a fire management plan in existence on the date of enactment of this Act. (c) Updates To be valid, a spatial fire management plan established under this section shall not be in use for longer than the 10-year period beginning on the date on which the plan is established. (d) Sub-Unit plans The Secretary concerned shall establish a spatial fire management plan for each unit of Federal land with more than 10 acres of burnable vegetation under the jurisdiction of the Secretary concerned. (e) Contents For each spatial fire management plan established under this section, the Secretary concerned shall— (1) base the plans on a landscape-scale risk assessment that includes— (A) risks to firefighters; (B) risks to communities; (C) risks to highly valuable resources; and (D) other relevant considerations determined by the Secretary concerned; (2) include direction, represented in spatial form, from land management plans and resource management plans; (3) in coordination with States, delineate potential wildland fire operational delineations that— (A) identify potential control locations; and (B) specify the places in which firefighters will not be sent because of the presence of unacceptable risk, including areas determined by the Secretary concerned as— (i) exceeding a certain slope; (ii) containing too high of a volume of hazardous fuels, under certain weather conditions; or (iii) containing other known hazards; (4) include a determination of average severe fire weather for the plan area; (5) include prefire planning provisions; (6) include a plan for postfire activities that— (A) would better enable a Burned Area Emergency Response Team working on a large fire incident to address emergency stabilization and erosion quickly; and (B) specifies ways in which the Burned Area Emergency Response Team would seek to prevent the proliferation of invasive species in working on the large fire incident; and (7) include, at a minimum, any other requirement determined to be necessary by the Secretary concerned. (f) Consistency with management plans The spatial fire management plans established under this section shall be consistent with the fire management objectives and land management objectives in the applicable land management plan or resource management plan. (g) Revisions to land management plans and resource management plans A revision to a land management plan or resource management plan shall consider fire ecology and fire management in a manner that facilitates the issuance of direction for an incident response. (h) Engagement during land management planning A supervisory employee of the Department of the Interior or the Department of Agriculture that is funded through a Firefighting Operations account established under section 101 shall participate directly in the creation or revision of an applicable land management plan or resource management plan to incorporate an assessment, protocol, or plan developed under this Act into the planning process. 104. Accounts to assist communities in planning and preparing for wildfires (a) Establishment of accounts There are established in the Treasury of the United States the following accounts: (1) The Community-Supported Land-Use Planning Assistance account for the Department of Agriculture. (2) The Community-Supported Land-Use Planning Assistance account for the Department of the Interior. (b) Budget activities within accounts The following activities shall be specified for funding within each Community-Supported Land-Use Planning Assistance account established by subsection (a): (1) The Firewise Program operated by the National Fire Protection Association. (2) Community wildfire protection programs. (3) The Fire-Adapted Communities Learning Network. (4) Vegetation management by communities. (c) Authorization of appropriations There are authorized to be appropriated for fiscal year 2024 and each fiscal year thereafter for the accounts established by subsection (a) such sums as are necessary to carry out this section, not to exceed $200,000,000. (d) Presidential budget requests For fiscal year 2025 and each fiscal year thereafter, each Secretary concerned shall submit through the budget request of the President and in accordance with subsection (c), a request for amounts in the Wildland Fire Management appropriation account of the Secretary concerned to carry out the activities described in subsection (b). (e) Authorized activities The Secretary concerned shall use amounts in the accounts established by subsection (a) as follows: (1) With respect to amounts appropriated for the activity described in subsection (b)(1), the Secretary concerned may— (A) cosponsor the Firewise Program; and (B) support the expansion of the Firewise Communities/USA Recognition Program to additional at-risk communities. (2) With respect to amounts appropriated for the activity described in subsection (b)(2), the Secretary concerned may provide assistance to at-risk communities to establish and revise— (A) a community wildfire protection plan (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (B) a community evacuation plan. (3) With respect to amounts appropriated for the activity described in subsection (b)(3), the Secretary concerned shall establish a small grant program to address local hazard reduction on Federal, State, or private land, subject to the conditions that— (A) a grant provided under the program— (i) may be awarded to an organization in an at-risk community to address, in a sole instance, a hazardous fuel in a specific location, including piling and burning, and implementing a prescribed fire on private land; (ii) shall not exceed $20,000; and (iii) shall require cost-sharing assistance in an amount equal to not less than 10 percent of the amount of the grant; (B) the work identified for funding under the grant shall be accomplished by a team composed of, at a minimum— (i) a private citizen; (ii) a representative of a nonprofit organization; and (iii) a local fire department, including a volunteer fire department; (C) to be eligible for a grant under the program, a strategic plan outlining the means by which the applicant will address a hazardous fuel shall be submitted to the Secretary concerned; and (D) on completion of a grant project, the grant recipient shall— (i) submit to the Secretary concerned a report; and (ii) participate in training another grant recipient during the following fiscal year. (4) With respect to amounts appropriated for the activity described in subsection (b)(4), the Secretary concerned may provide cost-sharing assistance for the establishment and operation of a local program in an at-risk community to assist homeowners in the disposal of brush and slash generated by hazard reduction activities. 105. Community support during disaster response (a) In general The Secretaries shall establish a program to train and certify a citizen who wishes to be able to volunteer to assist the Secretaries during a wildland fire incident. (b) Service (1) In general The Secretaries shall establish several categories of service for each manner in which a volunteer certified under this section may provide assistance. (2) Direct suppression of wildland fires No volunteer certified under this section may engage in an operation to directly suppress a wildland fire. (3) Direction A volunteer under this section shall— (A) report to a designee of an incident commander prior to providing any assistance on a wildland fire; and (B) operate continuously under the direction of the designee while providing assistance on a wildland fire. (c) Certification (1) Criteria (A) In general The Secretaries shall certify volunteers to provide assistance for each category of service established under subsection (b). (B) Establishment of criteria The Secretaries shall establish criteria for a volunteer to be certified for each category of service. (C) Attendance Attendance at training conducted under paragraph (2) shall be 1 of the criteria established under subparagraph (B). (D) Assessment The Secretaries shall assess the knowledge, skills, or abilities, of a person prior to certifying a person to become a volunteer. (2) Training (A) In general The Secretaries shall regularly conduct training for citizens who desire to be certified as volunteers. (B) Content The training shall include, at a minimum, a safety component in an effort to minimize inherent threats to volunteers and maximize the safety of a volunteer, to the maximum extent practicable, as a volunteer provides assistance on a wildland fire. (C) Frequency The Secretaries shall offer, at a minimum, 1 training session in each State with significant wildfire risk, not less than every 2 years. (3) Identification (A) In general On the certification of a volunteer, the Secretary concerned shall provide to the volunteer a means of identification as a volunteer. (B) Display A volunteer certified under this section shall display, continuously while assisting in a wildland fire, the means of identification. II Wildfire detection and suppression support 201. Wildfire detection equipment To the extent practicable, the Secretary concerned 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 data to assist wildfire response; and (3) expedite any permitting required by the Secretary concerned for the installation, maintenance, or removal of wildfire detection equipment. 202. Grant program for slip-on tank units (a) In general The Secretaries shall establish a program to award to an eligible State or unit of local government each year grants to acquire slip-on tank and pump units (referred to in this section as slip-on units (b) Eligibility (1) In general To be eligible to receive a grant under this section, a State or unit of local government shall— (A) submit an application at such time, in such manner, and containing such information as the Secretaries may require; and (B) contribute non-Federal funds in accordance with paragraph (2). (2) Cost-share requirements The non-Federal share of the cost of acquiring slip-on units using a grant under this section shall be not less than 25 percent. (c) Use of funds (1) In general Grants awarded under this section shall be used only for the acquisition of not fewer than 30 slip-on units. (2) Restrictions A recipient of a grant under this section— (A) shall be responsible for the cost of the maintenance and use of the slip-on units; and (B) may not use grant funds for a cost described in subparagraph (A). (d) Requirements for operation of slip-On units A recipient of a grant under this section shall— (1) in maintaining and storing the slip-on units— (A) store and mount a slip-on unit on a vehicle only during— (i) a period of extreme fire danger; or (ii) an active wildland fire; (B) designate a vehicle and personnel to be used with each slip-on unit; (C) make any necessary modification to a designated vehicle to ensure compatibility with the use of the slip-on unit; (D) train designated personnel to use the slip-on unit; (E) ensure designated personnel possess elementary wildland fire management skills, including post-fire-front structure-protection tactics; and (F) maintain each slip-on unit in good, usable condition for a period of not fewer than 20 years; (2) during a large, active wildland fire— (A) staff each designated vehicle equipped with a slip-on unit with— (i) a person designated under paragraph (1)(B); and (ii) a trained firefighter, regardless of whether the trained firefighter is paid, a volunteer, or off-duty but paid; (B) organize each designated vehicle equipped with a slip-on unit into a team with other designated vehicles under the direction of a qualified task force leader; and (C) use each designated vehicle equipped with a slip-on unit primarily for the purpose of following behind the wildland fire front— (i) to prevent homes from igniting; and (ii) to alert fire engines of structures that have ignited; and (3) comply with any other requirements determined to be necessary by the Secretaries, including any minimum requirements for a slip-on unit and any additional required equipment. 203. Assistance to States for operation of air tankers The Secretary concerned may provide funding to States to enable States to operate not more than 50 single-engine air tankers if— (1) the single-engine air tanker is government-owned and contractor-operated or government-owned and government-operated; (2) a State receiving funding for a single-engine air tanker under this section shares the cost with the Secretary of the acquisition and operation of the aircraft; and (3) the single-engine air tanker— (A) shall be used for initial attack; and (B) shall not be used for large fire aviation support. 204. Research and development of unmanned aircraft system fire applications (a) Definitions In this section: (1) Covered unmanned aircraft test range The term covered unmanned aircraft test range (2) Unmanned aircraft system The term unmanned aircraft system (b) Joint fire science program The Secretary of the Interior shall, acting through the Joint Fire Science Program, work with covered unmanned aircraft test ranges to carry out research and development of unmanned aircraft system fire applications. (c) Authorization of appropriations There are authorized to be appropriated to the Secretary of the Interior such sums as are necessary to carry out this section. 205. Study on effects of drone incursions on wildfire suppression (a) Definitions In this section: (1) Drone The term drone (2) Drone incursion The term drone incursion (3) Secretary The term Secretary (b) Study required The Secretary, in consultation with the Secretary of Agriculture, acting through the Chief of the Forest Service, shall conduct a study on the effects of drone incursions on wildfire suppression with respect to land managed by the Department of the Interior or the Department of Agriculture. (c) Study contents In conducting the study required under subsection (b), the Secretary shall— (1) determine, for each of the 5 most recent calendar years— (A) the number of occurrences in which a drone incursion interfered with wildfire suppression; and (B) the effect of each occurrence described in subparagraph (A) on— (i) the length of time required to achieve complete suppression; (ii) the effectiveness of aerial firefighting responses; and (iii) the amounts expended by the Federal Government; and (2) evaluate the feasibility and effectiveness of various actions to prevent drone incursions, including— (A) the use of reasonable force to disable, damage, or destroy a drone; (B) the seizure of a drone, including seizure with a net device; and (C) the dissemination of educational materials relating to the effects of drone incursions on wildfire suppression. (d) Report Not later than 18 months 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 describing— (1) the findings of the study required under subsection (b); and (2) any recommendations of the Secretary relating to those findings. 206. Study on wildfire detection equipment and integration of artificial intelligence technologies (a) In general The Secretaries shall conduct a study on— (1) the effectiveness and limitations on the deployment and application of each wildfire detection equipment technology with respect to detection, confirmation, geolocation, predictability of wildfire spread, suppression resource management, post-fire forensics, and surface rehabilitation; (2) how each technology described in paragraph (1), with proper and timely deployment and use, can provide for the most effective and efficient means of dealing with the threat and the reality of wildland fires; (3) the integration of artificial intelligence with real-time imagery and weather data provided by wildfire detection equipment technology; and (4) how the integration of artificial intelligence described in paragraph (3) can enhance the value of each wildfire detection equipment technology, individually and collectively. (b) Submission and public availability Not later than 2 years after the date of enactment of this Act, the Secretaries shall submit to the congressional committees and make publicly available the results of the study conducted under subsection (a). III Post-fire recovery support 301. Funding for online guides for post-fire assistance (a) Use of services of other agencies Section 201(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131(a) (1) in paragraph (7), by striking the period at the end and inserting ; and (2) by adding at the end the following: (8) post-disaster assistance. . (b) Funding for online guides for assistance Section 201 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5131 (e) Funding for online guides for assistance (1) In general The Administrator of the Federal Emergency Management Agency may enter into a cooperative agreement to provide funding to a State agency established under subsection (c) to establish and operate a website to provide information relating to post-fire recovery funding and resources to a community or an individual impacted by a wildland fire. (2) Management A website created under this subsection shall be— (A) managed by the State agency; and (B) suitable for the residents of the State of the State agency. (3) Content The Administrator may enter into a cooperative agreement to establish a website under this subsection only to provide 1 or more of the following: (A) A list of Federal, State, and local sources of post-fire recovery funding or assistance that may be available to a community after a wildfire. (B) A list of Federal, State, and local sources of post-fire recovery funding or assistance that may be available to an individual impacted by a wildfire. (C) A technical guide that lists and explains the costs and benefits of alternatives available to a community to mitigate the impacts of wildfire and prepare for potential flooding. (4) Cooperation A State agency that enters into a cooperative agreement under this subsection shall cooperate with the Secretary of the Interior, the Secretary of Agriculture, and the Administrator of the Federal Emergency Management Agency in developing a website under this subsection. (5) Updates A State agency that receives funding to establish a website under this subsection shall update the website not less than once every 6 years. . 302. Long-Term Burned Area Recovery account (a) Establishment of account There is established in the Treasury of the United States the Long-Term Burned Area Recovery account for the Department of Agriculture. (b) Authorization of appropriations There are authorized to be appropriated for fiscal year 2024 and each fiscal year thereafter for the account established by subsection (a) such sums as are necessary to carry out the activities described in subsection (d), not to exceed $100,000,000. (c) Presidential budget requests For fiscal year 2025 and each fiscal year thereafter, the Secretary of Agriculture shall submit through the budget request of the President and in accordance with subsection (b), a request for amounts in the Wildland Fire Management appropriation account to carry out the activities described in subsection (d). (d) Authorized activities The Secretary of Agriculture shall use amounts in the account established by subsection (a) for rehabilitation projects— (1) that begin not earlier than 1 year after the date on which the wildfire was contained; (2) that are— (A) scheduled to be completed not later than 3 years after the date on which the wildfire was contained; and (B) located at sites impacted by wildfire on non-Federal or Federal land; (3) that restore the functions of an ecosystem or protect life or property; and (4) not less than 10 percent of the total costs of which are paid for with non-Federal funds. (e) Prioritization of funding The Secretary of Agriculture shall prioritize, on a nationwide basis, projects for which funding requests are submitted under this section, based on— (1) downstream effects on water resources; and (2) public safety. 303. Prize for wildfire-related invasive species reduction Section 7001(d) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 16 U.S.C. 742b Public Law 116–9 (1) by striking paragraph (8)(A) paragraph (9)(A) (2) by striking paragraph (8)(B) paragraph (9)(B) (3) by redesignating paragraph (8) as paragraph (9); (4) by inserting after paragraph (7) the following: (8) Theodore Roosevelt Genius Prize for management of wildfire-related invasive species (A) Definitions In this paragraph: (i) Board The term Board (ii) Prize competition The term prize competition (B) Authority Not later than 180 days after the date of enactment of the Western Wildfire Support Act of 2023 15 U.S.C. 3719 Theodore Roosevelt Genius Prize for the management of wildfire-related invasive species (i) to encourage technological innovation with the potential to advance the mission of the National Invasive Species Council with respect to the management of wildfire-related invasive species; and (ii) to award 1 or more prizes annually for a technological advancement that manages wildfire-related invasive species. (C) Advisory board (i) Establishment There is established an advisory board, to be known as the Management of Wildfire-Related Invasive Species Technology Advisory Board (ii) Composition The Board shall be composed of not fewer than 9 members appointed by the Secretary, who shall provide expertise in— (I) invasive species; (II) biology; (III) technology development; (IV) engineering; (V) economics; (VI) business development and management; (VII) wildfire; and (VIII) any other discipline, as the Secretary determines to be necessary to achieve the purposes of this paragraph. (iii) Duties Subject to clause (iv), with respect to the prize competition, the Board shall— (I) select a topic; (II) issue a problem statement; (III) advise the Secretary regarding any opportunity for technological innovation to manage wildfire-related invasive species; and (IV) advise winners of the prize competition regarding opportunities to pilot and implement winning technologies in relevant fields, including in partnership with conservation organizations, Federal or State agencies, federally recognized Indian Tribes, private entities, and research institutions with expertise or interest relating to the management of wildfire-related invasive species. (iv) Consultation In selecting a topic and issuing a problem statement for the prize competition, the Board shall consult widely with Federal and non-Federal stakeholders, including— (I) 1 or more Federal agencies with jurisdiction over the management of invasive species; (II) 1 or more Federal agencies with jurisdiction over the management of wildfire; (III) 1 or more State agencies with jurisdiction over the management of invasive species; (IV) 1 or more State agencies with jurisdiction over the management of wildfire; (V) 1 or more State, regional, or local wildlife organizations, the mission of which relates to the management of invasive species; and (VI) 1 or more wildlife conservation groups, technology companies, research institutions, institutions of higher education, industry associations, or individual stakeholders with an interest in the management of wildfire-related invasive species. (v) Requirements The Board shall comply with all requirements under paragraph (9)(A). (D) Administration by the National Invasive Species Council The Secretary, acting through the Director of the National Invasive Species Council, shall administer the prize competition. (E) Judges (i) Appointment The Secretary shall appoint not fewer than 3 judges who shall, except as provided in clause (ii), select the 1 or more annual winners of the prize competition. (ii) Determination by Secretary The judges appointed under clause (i) shall not select any annual winner of the prize competition if the Secretary makes a determination that, in any fiscal year, none of the technological advancements entered into the prize competition merits an award. (F) Report to Congress Not later than 60 days after the date on which a cash prize is awarded under this paragraph, 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 on the prize competition that includes— (i) a statement by the Board that describes the activities carried out by the Board relating to the duties described in subparagraph (C)(iii); (ii) a description of the 1 or more annual winners of the prize competition; and (iii) a statement by 1 or more of the judges appointed under subparagraph (E) that explains the basis on which the 1 or more winners of the prize competition was selected. (G) Termination of authority The Board and all authority provided under this paragraph shall terminate on December 31, 2028. ; and (5) in paragraph (9) (as so redesignated)— (A) in subparagraph (A), in the matter preceding clause (i), by striking or (7)(C)(i) (7)(C)(i), or (8)(C)(i) (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking or (7)(D)(i) (7)(D)(i), or (8)(D)(i) (ii) in clause (i)(VII), by striking and (7)(E) (7)(E), and (8)(E)

Western Wildfire Support Act of 2023

Stop Mental Health Stigma in Our Communities ActThis bill requires the Substance Abuse and Mental Health Services Administration (SAMHSA) to undertake various activities to address mental and behavioral health issues among the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) populations.Specifically, SAMHSA must develop and implement an outreach and education strategy to promote behavioral and mental health and reduce stigma associated with mental health conditions and substance abuse among AANHPI populations.Additionally, SAMHSA must study (1) mental health and substance use disorders among AANHPI youth, including the number of individuals who attempted suicide or died by suicide or drug overdose; and (2) strategies for increasing AANHPI representation in the behavioral and mental health workforce.

118 S1773 IS: Stop Mental Health Stigma in Our Communities Act U.S. Senate 2023-05-31 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. 1773 IN THE SENATE OF THE UNITED STATES May 31 (legislative day, May 30), 2023 Ms. Hirono Ms. Cortez Masto Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide for a national outreach and education strategy and research to improve behavioral health among the Asian American, Native Hawaiian, and Pacific Islander population, while addressing stigma against behavioral health treatment among such population. 1. Short title This Act may be cited as the Stop Mental Health Stigma in Our Communities Act 2. Definitions In this Act: (1) AANHPI The term AANHPI (2) Secretary Except as otherwise specified, the term Secretary 3. Findings Congress finds the following: (1) The AANHPI community is among the fastest growing population groups in the United States. It is a diverse population representing over 30 countries, making up more than 50 distinct ethnic groups, and speaking more than 100 languages and dialects. (2) There is a growing mental health crisis in the United States, particularly for AANHPI individuals. AANHPI individuals with mental health challenges have the lowest rates of mental health service utilization compared to other racial or ethnic populations. In 2021, only 25 percent of Asian adults with a mental health challenge received treatment in the past year. Although suicide is the eleventh leading cause of death, it is the leading cause of death for AANHPI youth. From 2018 to 2020, AANHPI youth between the ages of 10 to 24 years were the only racial or ethnic population in this age category where suicide was the leading cause of death. (3) Such mental health disparities within the AANHPI community may be attributed to systemic barriers to accessing mental health services, including stigma attached to mental health, limited availability of and access to culturally and linguistically appropriate services, and insufficient research. (4) Insufficient research on AANHPI communities often leads to an inaccurate representation of their experiences and needs. It is imperative to disaggregate AANHPI population data to better understand the range of mental health issues for each subpopulation so that specific culturally and linguistically appropriate solutions can be developed. (5) Critical investments are necessary to reduce stigma and improve mental health within AANHPI communities, including increasing culturally and linguistically appropriate outreach education and mental health services, improving representation of AANHPI individuals among behavioral health providers, and strengthening disaggregated data collection in research. 4. National AANHPI behavioral health outreach and education strategy Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. 553. National AANHPI behavioral health outreach and education strategy (a) In general The Secretary, acting through the Assistant Secretary, shall, in coordination with the Director of the Office of Minority Health, the Director of the National Institutes of Health, and the Director of the Centers for Disease Control and Prevention, and in consultation with advocacy and behavioral health organizations serving populations of Asian American, Native Hawaiian, and Pacific Islander individuals or communities, develop and implement a national outreach and education strategy to promote behavioral health and reduce stigma associated with mental health and substance use disorders within the Asian American, Native Hawaiian, and Pacific Islander population. Such strategy shall— (1) be designed to meet the diverse cultural and language needs of the various Asian American, Native Hawaiian, and Pacific Islander populations; (2) be developmentally and age appropriate; (3) increase awareness of symptoms of mental illnesses common within subgroups of such population, taking into account differences within subgroups, such as gender, gender identity, age, sexual orientation, or ethnicity; (4) provide information on evidence-based, culturally and linguistically appropriate, and adapted interventions and treatments; (5) ensure full participation of, and engage, both consumers and community members in the development and implementation of materials; and (6) seek to broaden the perspective among both individuals in Asian American, Native Hawaiian, and Pacific Islander communities and stakeholders serving such communities to use a comprehensive public health approach to promoting behavioral health that addresses a holistic view of health by focusing on the intersection between behavioral and physical health. (b) Reports Beginning not later than 1 year after the date of the enactment of the Stop Mental Health Stigma in Our Communities Act (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2024 through 2028. . 5. Study and report on the AANHPI youth mental health crisis (a) Study (1) In general The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, in coordination with the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, and the Director of the Office of Minority Health, shall conduct a study on behavioral health among AANHPI youth. (2) Elements Such study required under paragraph (1) shall include an assessment of— (A) the prevalence, risk factors, and root causes of mental health challenges, substance misuse, and mental health and substance use disorders among AANHPI youth; (B) the prevalence among AANHPI youth of attempted suicide, nonfatal substance use overdose, and death by suicide or substance use overdose; and (C) AANHPI youth that received treatment for mental health and substance use disorders. (b) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and make publicly available, a report on the findings of the study conducted under subsection (a), including— (1) identification of the barriers to accessing behavioral health services for AANHPI youth; (2) identification of root causes of mental health challenges and substance misuse among AANHPI youth; (3) recommendations for actions to be taken by the Secretary to improve behavioral health among AANHPI youth; (4) recommendations for legislative or administrative action to improve the behavioral health of AANHPI youth experiencing depression, suicide, and overdose, and to reduce the prevalence of depression, suicide, and overdose among AANHPI youth; and (5) such other recommendations as the Secretary determines appropriate. (c) Data Any data included in the study or report under this section shall be disaggregated by race, ethnicity, age, sex, gender identity, sexual orientation, geographic region, disability status, and other relevant factors, in a manner that protects personal privacy and that is consistent with applicable Federal and State privacy law. (d) Authorization of appropriations For purposes of carrying out this section, there is authorized to be appropriated $1,500,000 for fiscal year 2024. 6. Study and report on strategies on the AANHPI behavioral health workforce shortage (a) Study (1) In general The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, in coordination with the Administrator of the Health Resources and Services Administration, the Secretary of Labor, and the Director of the Office of Minority Health, shall conduct a study on strategies for increasing the behavioral health professional workforce that identify as AANHPI. (2) Elements Such study required under paragraph (1) shall consider— (A) the total number of licensed behavioral health providers in the United States who identify as AANHPI; (B) with respect to each such provider, information regarding the current type of license, geographic area of practice, and type of employer (such as hospital, Federally-qualified health center, school, or private practice); (C) information regarding the cultural and linguistic capabilities of such providers, including languages spoken proficiently; and (D) the relevant barriers to enrollment in behavioral health professional education programs and entering the behavioral workforce for AANHPI individuals. (b) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and make publicly available, a report on the findings of the study conducted under subsection (a), including— (1) identification of AANHPI licensed behavioral health providers’ knowledge and awareness of the barriers to quality behavioral health care services faced by AANHPI individuals, including stigma, limited English proficiency, and lack of health insurance coverage; (2) recommendations for actions to be taken by the Secretary to increase the number of AANHPI licensed behavioral health professionals; (3) recommendations for legislative or administrative action to improve the enrollment of AANHPI individuals in behavioral health professional education programs; and (4) such other recommendations as the Secretary determines appropriate. (c) Data Any data included in the study or report under this section shall be disaggregated by race, ethnicity, age, sex, gender identity, sexual orientation, geographic region, disability status, and other relevant factors, in a manner that protects personal privacy and that is consistent with applicable Federal and State privacy law. (d) Definition In this section the term licensed behavioral health provider (e) Authorization of appropriations For purposes of carrying out this section, there is authorized to be appropriated $1,500,000 for fiscal year 2024.

Stop Mental Health Stigma in Our Communities Act

Abraham Accords Cybersecurity Cooperation Act of 2023 This bill allows the Department of Homeland Security (DHS) to, in consultation with the Department of State, engage in activities to strengthen network defense and cybersecurity collaboration between Abraham Accords countries and the United States. This bill may not be construed to modify or expand any existing authority granted to DHS or the State Department. (The Abraham Accords are agreements to normalize or improve relations between Israel and four members of the Arab League: the United Arab Emirates, Bahrain, Morocco, and Sudan.)

118 S1777 IS: Abraham Accords Cybersecurity Cooperation Act of 2023 U.S. Senate 2023-05-31 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. 1777 IN THE SENATE OF THE UNITED STATES May 31 (legislative day, May 30), 2023 Ms. Rosen Ms. Ernst Mr. Booker Mr. Lankford Mrs. Gillibrand Committee on Foreign Relations A BILL To engage in cybersecurity cooperation with Abraham Accords countries, and for other purposes. 1. Short title This Act may be cited as the Abraham Accords Cybersecurity Cooperation Act of 2023 2. Sense of Congress It is the sense of Congress that the United States should seek to strengthen cybersecurity collaboration between the Abraham Accords countries, including by expanding joint cybersecurity training activities and information-sharing, in order to increase collective cybersecurity and resilience, address shared cybersecurity threats, and promote normalization and regional integration efforts. 3. Definitions In this Act: (1) Abraham Accords The term Abraham Accords (A) the Abraham Accords Declaration, done at Washington, DC, September 15, 2020; (B) the Abraham Accords Peace Agreement: Treaty of Peace, Diplomatic Relations and Full Normalization Between the United Arab Emirates and the State of Israel, done at Washington, DC, September 15, 2020; (C) the Abraham Accords: Declaration of Peace, Cooperation, and Constructive Diplomatic and Friendly Relations, done at Washington, DC, September 15, 2020, between the State of Israel and the Kingdom of Bahrain; and (D) the Joint Declaration of the Kingdom of Morocco, the United States, and the State of Israel, done at Rabat December 22, 2020. (2) Abraham Accords country The term Abraham Accords country (3) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Homeland Security of the House of Representatives; and (D) the Committee on Foreign Affairs of the House of Representatives. (4) Critical infrastructure The term critical infrastructure 42 U.S.C. 5195c(e) (5) Ransomware attack The term ransomware attack 6 U.S.C. 650 4. Cybersecurity cooperation with Abraham Accords countries (a) Purpose In support of the goals of the Abraham Accords and in furtherance of the mission of the Department of Homeland Security, the Secretary of Homeland Security, in consultation with the Secretary of State, may engage in activities to strengthen network defense and cybersecurity collaboration between Abraham Accords countries and the United States in order to, while protecting human rights and respect for civil rights, civil liberties, and individual privacy, address shared cybersecurity threats, including nation state targeting of critical infrastructure and ransomware attacks. (b) Activities Activities to further the purpose described in subsection (a), may include— (1) participating in information sharing with Abraham Accords countries regarding cybersecurity threats and incidents; (2) providing technical assistance to Abraham Accords countries to coordinate cybersecurity incident response to cyberattacks, including support to national computer security incident response teams; and (3) conducting joint cybersecurity training activities and other information sharing activities relating to cybersecurity with Abraham Accords countries, including by— (A) encouraging participation by Abraham Accords countries in the National Cyber Exercise Program established under section 2220B of the Homeland Security Act of 2002 ( 6 U.S.C. 665h (B) conducting an annual table-top cybersecurity exercise carried out in conjunction with Abraham Accords countries. 5. Reports Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 years, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate committees of Congress a report and briefing on— (1) implementation of this Act, including a description of the progress made toward achieving the goals described in section 4(a) and any challenges related to implementation; and (2) plans to expand cybersecurity cooperation with each Abraham Accords country. 6. Rule of construction Nothing in this Act shall be construed to modify or expand any existing authority granted to the Secretary of Homeland Security or the Secretary of State.

Abraham Accords Cybersecurity Cooperation Act of 2023

Agrivoltaics Research and Demonstration Act of 2023 This bill requires the Department of Agriculture (USDA) to conduct a study, research, and demonstrations regarding agrivoltaic systems. The bill defines agrivoltaic system as a system under which solar energy production and agricultural production, including crop or animal production, occurs in an integrated manner on the same piece of land through the duration of a project. Specifically, the bill directs USDA to study agrivoltaic systems, which includes conducting a review of current research and identifying research gaps. USDA must also develop a five-year plan for using USDA's research, extension, outreach, conservation, and renewable energy activities to better support agrivoltaic systems that do not displace agricultural production. USDA must also develop a definition for agrivoltaic system for the purposes of incorporating these systems into federal agriculture and energy programs, and investment tax credits. In addition, the Agricultural Research Service must establish and maintain a network of agrivoltaic systems research and demonstration sites in multiple U.S. regions to investigate increasing agricultural productivity and profitability, enhancing agricultural resilience and the capacity to mitigate and adapt to climate change, protecting biodiversity, and increasing economic opportunities in rural communities.

118 S1778 IS: Agrivoltaics Research and Demonstration Act of 2023 U.S. Senate 2023-05-31 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. 1778 IN THE SENATE OF THE UNITED STATES May 31 (legislative day, May 30), 2023 Mr. Heinrich Mr. Braun Committee on Agriculture, Nutrition, and Forestry A BILL To require the Secretary of Agriculture to carry out a study and research and demonstration on agrivoltaic systems. 1. Short title This Act may be cited as the Agrivoltaics Research and Demonstration Act of 2023 2. Agrivoltaic systems (a) Definition of agrivoltaic system In this section, the term agrivoltaic system (b) Study (1) In general The Secretary of Agriculture (referred to in this section as the Secretary (A) a review of the current research and gaps in research relating to the regional compatibility of different species of livestock with different agrivoltaic panel and agrivoltaic system designs, including— (i) the optimal height of and distance between solar panels for— (I) livestock grazing; and (II) shade for livestock; (ii) manure management considerations; (iii) fencing requirements; (iv) other animal handling considerations; and (v) the incorporation of apiculture; (B) an assessment of animal breeding research needs with respect to beneficial and compatible characteristics and behaviors of different species of grazing animals in agrivoltaic systems; (C) a review of the current research and gaps in research relating to the regional compatibility of different crop types with different agrivoltaic system designs, including— (i) the optimal height of and distance between solar panels for— (I) plant shading; and (II) farm equipment use; (ii) the impact on crop yield; (iii) the impact on soil moisture and water availability; and (iv) market opportunities to sell crops at a premium price; (D) an assessment of plant breeding research needs with respect to beneficial and compatible characteristics of different crops, including specialty and perennial crops, in agrivoltaic systems; (E) a risk-benefit analysis of agrivoltaic systems in different regions of the United States, including a comparison between the total greenhouse gas impact of agrivoltaic systems and solar energy systems that displace agricultural production; (F) an assessment of the economic scalability of agrivoltaic systems across different agricultural land types, production systems, and regional markets; (G) an assessment of the types of agricultural land best suited and worst suited for agrivoltaic systems; (H) an assessment of how to best develop agrivoltaic systems on a national and local scale consistent with— (i) maintaining or increasing agricultural production; (ii) increasing agricultural resilience; (iii) retaining prime farmland; (iv) increasing economic opportunities in farming and rural communities; (v) reducing nonfarmer ownership of farmland; and (vi) enhancing biodiversity; (I) an assessment of the unique risk management and crop insurance needs of agrivoltaic systems; (J) an assessment of how Federal procurement of agricultural products could help build a market for agricultural products from farms with agrivoltaic systems; and (K) an assessment of appropriate modifications to better incorporate agrivoltaic systems into existing Federal— (i) agricultural conservation programs; (ii) agricultural risk management programs, including Federal crop insurance; (iii) renewable energy programs; (iv) agricultural procurement programs; and (v) investment tax credits. (2) 5-year plan Based on the study under paragraph (1), the Secretary shall develop a 5-year plan for using the research, extension, outreach, conservation, and renewable energy activities of the Department of Agriculture to better support agrivoltaic systems that do not displace agricultural production. (3) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of the study conducted under paragraph (1). (4) Regulatory definition (A) In general Based on the study under paragraph (1), the Secretary, in consultation with the Secretary of Energy and farm and conservation groups, shall develop a definition of the term agrivoltaic system (i) agricultural conservation programs; (ii) agricultural risk management programs, including Federal crop insurance; (iii) renewable energy programs; (iv) agricultural procurement programs; and (v) investment tax credits. (B) Considerations In developing the definition of agrivoltaic system (i) using or modifying the definition described in subsection (a); (ii) regional needs and variations in climate, soils, costs, existing infrastructure, and market access for agrivoltaic system products; (iii) existing State and local agrivoltaic system policies and definitions; and (iv) such other factors as the Secretary determines to be appropriate. (c) Agrivoltaic system research and demonstration (1) In general The Secretary, acting through the Administrator of the Agricultural Research Service and in coordination with the Director of the National Institute of Food and Agriculture and the relevant research programs of the Department of Energy, shall establish and maintain a network of research and demonstration sites operated by the Agricultural Research Service to investigate and demonstrate agrivoltaic systems in multiple regions of the United States, including arid, semi-arid, and wet agricultural zones, that— (A) increase agricultural productivity and profitability; (B) enhance agricultural resilience and the capacity to mitigate and adapt to climate change; (C) protect biodiversity; and (D) increase economic opportunities in farming and rural communities. (2) Collaboration In establishing and maintaining the network described in paragraph (1), the Secretary shall collaborate with USDA Climate Hubs and extension programs to share research findings and translate research findings into educational, outreach, and technical assistance materials for agricultural producers. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2024 through 2028.

Agrivoltaics Research and Demonstration Act of 2023

Formula 3.0 Act This bill provides duty-free treatment to certain infant formula and infant formula base powder. The bill defines infant formula base powder as a dry mixture of protein, fat, and carbohydrates that requires only the addition of vitamins and minerals in order to meet the definition of the term infant formula in the Federal Food, Drug, and Cosmetic Act. It must be (1) imported by a party that has been determined by the Food and Drug Administration (FDA) to be authorized to lawfully market infant formula in the United States or has received a letter of enforcement discretion from the FDA relating to the marketing of its infant formula in the United States, and (2) intended to be used in manufacturing infant formula in the United States. The bill also removes the limitation on the aggregate quantity of certain infant formula containing oligosaccharides (carbohydrates) that may enter the United States in any calendar year.

118 S1782 IS: Formula 3.0 Act U.S. Senate 2023-05-31 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. 1782 IN THE SENATE OF THE UNITED STATES May 31 (legislative day, May 30), 2023 Mr. Lee Mr. Menendez Mrs. Britt Mr. Wicker Mr. Budd Mr. Daines Committee on Finance A BILL To provide for the entry of infant formula and infant formula base powder free of duty and free of quantitative limitation. 1. Short title This Act may be cited as the Formula 3.0 Act 2. Duty-free entry of infant formula; termination of tariff-rate quota on infant formula (a) In general Chapter 19 of the Harmonized Tariff Schedule of the United States is amended as follows: (1) By striking Additional U.S. Note 2. (2) By inserting after Additional U.S. Note 3 the following: 4. For purposes of subheading 1901.90.57, the term infant formula base powder infant formula 21 U.S.C. 321(z) (a) imported by a party that— (1) has been determined by the Food and Drug Administration to be authorized to lawfully market infant formula in the United States; or (2) has received a letter of enforcement discretion for the Food and Drug Administration relating to the marketing of its infant formula in the United States; and (b) intended to be used in manufacturing infant formula in the United States. . (3) By striking subheadings 1901.10.11 and 1901.10.16 and the superior text to such subheadings and inserting the following, with the article description having the same degree of indentation as the article description for subheading 1901.10.62: 1901.10.12 Infant formula containing oligosaccharides Free $1.217/ kg+ 17.5% . (4) By striking subheadings 1901.10.26 and 1901.10.29 and inserting the following, with the article description for subheading 1901.10.23 having the same degree of indentation as the article description for subheading 1901.10.21: 1901.10.23 Infant formula Free $1.217/kg + 17.5% 1901.10.24 Other $1.035/kg + 14.9% $1.217/kg + 17.5% Other: 1901.10.25 Infant formula Free 35% 1901.10.28 Other 14.9% 35% . (5) By striking subheadings 1901.10.33 and 1901.10.36 and the superior text to such subheadings and inserting the following, with the article description having the same degree of indentation as the article description for subheading 1901.10.62: 1901.10.34 Infant formula containing oligosaccharides Free $1.217/ kg+ 17.5% . (6) By redesignating subheadings 1901.90.60 and 1901.90.61 as subheadings 1901.90.55 and 1901.90.56, respectively. (7) By striking subheading 1901.90.62 and inserting the following, with the article description having the same degree of indentation as the article description for subheading 1901.10.56, as redesignated by paragraph (6): 1901.90.57 Infant formula base powder, as defined in additional U.S. note 4 to this chapter Free $1.127/kg + 16% 1901.90.58 Other $1.035/kg +13.6% Free (BH, CL, JO, KR, MA, OM, PE, SG) $1.127/kg + 16% . (b) Conforming amendments Additional U.S. Note 10 to chapter 4 of the Harmonized Tariff Schedule of the United States is amended by striking 1901.90.61 1901.90.56 (c) Effective date The amendments made by this section apply with respect to articles entered, or withdrawn for warehouse for consumption, on or after the date that is 120 days after the date of the enactment of this Act.

Formula 3.0 Act

Mental Health Workforce and Language Access Act of 2023 This bill requires the Department of Health and Human Services (HHS) to award supplemental grants to certain federally qualified health centers (FQHCs) for recruiting and retaining mental health care providers who are fluent in another language besides English. HHS must award the grants to FQHCs that are already receiving federal assistance to support outpatient primary care for low-income individuals or other underserved populations. Additionally, HHS must give preference to FQHCs where at least 10% of the patients are best served in a language other than English.

118 S1784 IS: Mental Health Workforce and Language Access Act of 2023 U.S. Senate 2023-05-31 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. 1784 IN THE SENATE OF THE UNITED STATES May 31 (legislative day, May 30), 2023 Mr. Heinrich Mr. Cornyn Mr. Padilla Committee on Health, Education, Labor, and Pensions A BILL To increase language access to behavioral health services at eligible health centers, and for other purposes. 1. Short title This Act may be cited as the Mental Health Workforce and Language Access Act of 2023 2. Demonstration program to increase language access at eligible health centers (a) Grants The Secretary shall carry out a demonstration program consisting of awarding grants to eligible health centers to recruit, hire, employ, and supervise qualified behavioral health professionals who— (1) are proficient in speaking and understanding both spoken English and at least one other spoken language, including any necessary specialized vocabulary, terminology, and phraseology; (2) are able to effectively, accurately, and impartially communicate directly with limited English proficient individuals in their primary language; and (3) are, or will be, employed— (A) directly by the eligible health center; or (B) through a contract between the eligible health center and the qualified behavioral health professional under which such professional provides services as part of the eligible health center's workforce or under supervision by the health center, in order to provide behavioral health services in another language. (b) Preference In selecting grant recipients under subsection (a), the Secretary shall give preference to eligible health centers at which at least 10 percent of the patients are best served in a language other than English, as indicated by data in the Uniform Data System of the Health Resources and Services Administration (or any successor database). (c) Outreach An eligible health center receiving a grant under this section shall use a portion of the grant funds to disseminate information about the behavioral health services supported through the grant. (d) Reports (1) Initial report Not later than 6 months after the first grants are awarded under subsection (a), the Secretary shall submit to the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives, the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate, and other appropriate congressional committees, a report on the implementation of the program under this section. Such report shall include— (A) the languages spoken by the qualified behavioral health professionals recruited pursuant to a grant under subsection (a); (B) the eligible health center at which each such professional was placed; (C) how many eligible health centers received grants under subsection (a); (D) an analysis, conducted in consultation with the eligible health centers receiving grants under subsection (a), of the effectiveness of such grants at increasing language access to behavioral health services; and (E) best practices, developed in consultation with eligible health centers receiving grants under subsection (a), for the recruitment and retention of qualified behavioral health professionals at such health centers. (2) Final report Not later than the end of fiscal year 2026, the Secretary shall submit to the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives, the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate, and other appropriate congressional committees, a final report on the implementation of the program under this section, including the information, analysis, and best practices described in subparagraphs (A) through (E) of paragraph (1). (e) Definitions In this section: (1) The term eligible health center 42 U.S.C. 254b (2) The term qualified behavioral health professional (A) a behavioral and mental health professional (as defined in section 331(a)(3)(E)(i) of the Public Health Service Act ( 42 U.S.C. 254d(a)(3)(E)(i) (B) a substance use disorder counselor; (C) an occupational therapist; or (D) an individual who— (i) has not yet been licensed or certified to serve as a professional listed in any of subparagraphs (A) through (C); and (ii) will serve at the eligible health center under the supervision of a licensed individual or certified professional so listed. (3) The term Secretary (f) Funding Subject to the availability of appropriations, out of amounts otherwise appropriated under section 760(g) of the Public Health Service Act ( 42 U.S.C. 294k(g)

Mental Health Workforce and Language Access Act of 2023

Stop Fentanyl Overdoses Act of 2023This bill establishes several programs and requirements to address the use of fentanyl and related substances, including public health programs and programs to support law enforcement activities.For example, the bill requires federal agencies to prioritize data collection and reporting about fentanyl in existing drug surveillance programs, such as the Centers for Disease Control and Prevention's Overdose Data to Action program. It also establishes training and grant programs to support state and local agencies with fentanyl detection and tracking.The bill also requires the Department of State to report on countries that are the principal sources of synthetic drugs trafficked in the United States, and it requires the Government Accountability Office to report on the impact of the Drug Enforcement Administration's High Intensity Drug Trafficking Areas program on illicit fentanyl that is imported via mail and cargo.The bill also establishes programs to support education and treatment relating to opioid use, including a grant program for state and local agencies to provide educational resources and a program to provide treatment in federal prisons. It also provides immunity from civil and criminal liability for those who administer opioid overdose reversal drugs (e.g., naloxone).   

118 S1785 IS: Stop Fentanyl Overdoses Act of 2023 U.S. Senate 2023-05-31 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. 1785 IN THE SENATE OF THE UNITED STATES May 31 (legislative day, May 30), 2023 Mr. Markey Ms. Warren Mr. Booker Mr. Carper Mr. Wyden Mr. Welch Mr. Menendez Mr. Merkley Mr. Blumenthal Mr. Heinrich Committee on Health, Education, Labor, and Pensions A BILL To establish programs to address addiction and overdoses caused by illicit fentanyl and other opioids, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Stop Fentanyl Overdoses Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Fentanyl Sec. 101. Enhanced fentanyl surveillance. Sec. 102. Collection of overdose data. Sec. 103. Public health support for law enforcement. Sec. 104. Fentanyl detection. Sec. 105. Grants to improve public health surveillance in forensic laboratories. TITLE II—Stemming the Supply of Fentanyl Sec. 201. Report on countries that produce synthetic drugs. Sec. 202. GAO report on international mail and cargo screening. TITLE III—Overdose prevention and substance use disorder treatment programs Sec. 301. Opioid treatment education. Sec. 302. GAO study on naloxone access. Sec. 303. Increasing access to medication for opioid overdose reversal; exemption from requirements of the Drug Supply Chain Security Act. Sec. 304. Grant program on harms of drug misuse. Sec. 305. Good Samaritan immunity. Sec. 306. Report on overdose prevention centers. Sec. 307. Prisons and substance use disorder treatment. 2. Definitions In this Act: (1) Fentanyl-related substance The term fentanyl-related substance (2) Secretary The term Secretary I Fentanyl 101. Enhanced fentanyl surveillance (a) CDC surveillance program Part J of title III of the Public Health Service Act is amended by inserting after section 392A ( 42 U.S.C. 280b–1 392B. Enhanced fentanyl surveillance (a) Definition In this section, the term fentanyl-related substance (b) Data collection The Director of the Centers for Disease Control and Prevention shall enhance the Overdose Data to Action program and other drug surveillance programs of the Centers for Disease Control and Prevention by— (1) encouraging States, political subdivisions of States, and territories to participate in such programs; (2) increasing and accelerating the collection of data on fentanyl, fentanyl-related substances, other synthetic opioids, and new emerging drugs of abuse (including harmful adulterants of fentanyl, such as xylazine), including the collection of related overdose data from medical examiners and drug treatment admissions and information regarding drug seizures; and (3) utilizing available and emerging information on fentanyl, fentanyl-related substances, other synthetic opioids, and new emerging drugs of abuse, including information from— (A) the High Intensity Drug Trafficking Areas program under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998; (B) the National Drug Early Warning System; (C) State and local public health authorities; (D) Federal, State, and local public health laboratories; and (E) drug seizures by Federal, State, and local law enforcement agencies, including information from the National Seizure System and the National Forensic Laboratory Information System of the Drug Enforcement Administration. (c) Information sharing The Director of the Centers for Disease Control and Prevention shall publicly disseminate data collected under this section. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. . (b) Law enforcement reporting Each Federal law enforcement agency shall report information on all drug seizures by that agency to the Drug Enforcement Administration for inclusion in the National Seizure System. (c) GAO report Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) publish a report analyzing how Federal agencies can improve their collection, reporting, sharing, and analytic use of drug seizure data across Federal agencies and with States and local governments; and (2) include in such report an analysis of how well available data on drug seizures can measure progress toward reducing drug trafficking into and within the United States, as outlined in strategies such as the National Drug Control Strategy of the Office of National Drug Control Policy. 102. Collection of overdose data (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall commence a study on how to most efficiently track overdoses by type of drug, including fentanyl. (b) Grant program (1) In general Upon completion of the study under subsection (a), and taking into consideration the results of such study, the Secretary shall award grants to States to facilitate the collection of data with respect to fentanyl-involved overdoses. (2) Requirement As a condition on receipt of a grant under this subsection, an applicant shall agree to share the data collected pursuant to the grant with the Centers for Disease Control and Prevention. (3) Preference In awarding grants under this subsection, the Secretary shall give preference to applicants whose grant proposals demonstrate the greatest need for collecting timely and accurate data on overdoses. 103. Public health support for law enforcement (a) Support for fentanyl detection and handling The Secretary, in consultation with the Attorney General, shall carry out a program to provide to Federal, State, and local law enforcement agencies training on accurate information about fentanyl and how to detect and handle fentanyl. (b) Evidence-Based The program under subsection (a) shall comply with evidence-based guidelines, including the Fentanyl Safety Recommendations for First Responders 104. Fentanyl detection (a) Testing of contaminants The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in coordination with the Director of the Centers for Disease Control and Prevention, shall continue to improve efforts to enhance screening and identification of contaminants in drugs to prevent overdoses. (b) Research into technologies (1) Definition of chemical screening device In this subsection, the term chemical screening device (2) Research The Secretary shall conduct or support research for the development or improvement of portable and affordable technologies relating to testing drugs for fentanyl and fentanyl-related substances, including chemical screening device methods. (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as are necessary. 105. Grants to improve public health surveillance in forensic laboratories Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. PP Confronting the use of heroin, fentanyl, and associated synthetic drugs 3061. Authority to make grants to address public safety through improved forensic laboratory data (a) Purpose The purpose of this section is to assist States and units of local government in— (1) carrying out programs to improve surveillance of heroin, fentanyl, fentanyl-related substances, and associated synthetic drugs to enhance public health; (2) improving the ability of States, Tribes, and units of local government to carry out such programs; and (3) carrying out the activities as described in section 101 of the STOP Fentanyl Act of 2023 (b) Grant authorization The Attorney General, acting through the Director of the Bureau of Justice Assistance, may make grants to States and units of local government to improve surveillance of heroin, fentanyl, fentanyl-related substances, and associated synthetic drugs to enhance public health. (c) Grant projects To improve surveillance of seized heroin, fentanyl, and associated synthetic drugs Grants made under subsection (b) shall be used for programs, projects, and other activities to— (1) reimburse State, local, or forensic science laboratories to help address backlogs of untested samples of heroin, fentanyl, and associated synthetic drugs; (2) reimburse State, local, or other forensic science laboratories for procuring equipment, technology, or other support systems if the applicant for the grant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in improved efficiency of laboratory testing and help prevent future backlogs; (3) reimburse State, local, or other forensic science laboratories for improved, real time data exchange with the Centers for Disease Control and Prevention on fentanyl, fentanyl-related substances, and other associated synthetic drugs present in the local communities; and (4) support State, tribal, and local health department services deployed to address the use of heroin, fentanyl, and associated synthetic drugs. (d) Limitation Not less than 60 percent of the amounts made available to carry out this section shall be awarded for the purposes under paragraph (1) or (2) of subsection (c). (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. (f) Allocation (1) Population allocation Seventy-five percent of the amount made available to carry out this section in a fiscal year shall be allocated to each State that meets the requirements of section 2802 so that each State shall receive an amount that bears the same ratio to the 75 percent of the total amount made available to carry out this section for that fiscal year as the population of the State bears to the population of all States. (2) Discretionary allocation Twenty-five percent of the amount made available to carry out this section in a fiscal year shall be allocated pursuant to the discretion of the Attorney General for competitive grants to States or units of local government with high rates of primary treatment admissions for polysubstance use, including heroin and other opioids, for use by State or local law enforcement agencies. (3) Minimum requirement Notwithstanding paragraphs (1) and (2), each State shall receive not less than 0.6 percent of the amount made available to carry out this section in each fiscal year. (4) Certain territories (A) In general For purposes of the allocation under this section, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as 1 State. (B) Allocation amongst certain territories For purposes of subparagraph (A), 67 percent of the amount allocated shall be allocated to American Samoa and 33 percent shall be allocated to the Commonwealth of the Northern Mariana Islands. . II Stemming the Supply of Fentanyl 201. Report on countries that produce synthetic drugs Not later than 1 year after the date of enactment of this Act, the Secretary of State shall submit to the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on Energy and Commerce of the House of Representatives a report— (1) identifying the countries the Secretary determines are the principal producers of synthetic drugs trafficked into the United States; (2) assessing how and why those countries are producing such drugs; and (3) describing measures the Secretary plans to take to reduce the flow of such drugs into the United States. 202. GAO report on international mail and cargo screening Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report reviewing the impact of the High Intensity Drug Trafficking Areas program on illicit fentanyl and fentanyl-related substances imported through international mail and cargo, including discussion of the following: (1) The volume of fentanyl and fentanyl-related substances being imported into the United States by means of international mail and cargo. (2) The potential impact of increased screening for illicit fentanyl and fentanyl-related substances on— (A) deterring drug trafficking in the United States; (B) interdicting fentanyl and fentanyl-related substances that were manufactured outside of the United States and intended, or attempted, to be imported into the United States; (C) the number of Federal criminal prosecutions based on the manufacture, distribution, or possession of fentanyl or fentanyl-related substances, disaggregated by demographic data, including sex, race, and ethnicity, of the offender; (D) the charges brought in such prosecutions; (E) the impacts of prosecutions on reducing demand and availability to users; and (F) the development of new fentanyl-related substances. (3) The need for noninvasive technology in screening for fentanyl and fentanyl-related substances, taking into account the findings pursuant to paragraphs (1) and (2). III Overdose prevention and substance use disorder treatment programs 301. Opioid treatment education Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. 553. Opioid treatment education (a) In general The Secretary shall award grants to States and local governmental entities to provide education to stakeholders, including health care providers, criminal justice professionals, and substance use disorder treatment personnel, on the current state of research on treatment for opioid use disorder, including— (1) the use of opioid agonists or partial agonists; and (2) the potential benefits of the use of opioid agonists or partial agonists for affected individuals. (b) Report Not later than 1 year after the date of enactment of the STOP Fentanyl Act of 2023 (1) The number of people reached by educational materials funded pursuant to grants under subsection (a). (2) The geographic areas where people received such educational materials. (3) The remaining populations and areas targeted for awareness of such educational materials, including the characteristics of such populations and areas, such as the type of stakeholder. (4) The outcomes of education provided pursuant to grants under subsection (a), as determined by the Secretary. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. . 302. GAO study on naloxone access (a) In general The Comptroller General of the United States shall conduct a study on actions that may be taken to ensure appropriate access and affordability of naloxone for individuals seeking to purchase naloxone. Such study shall address what is known about— (1) coverage of naloxone (in any available form), including whether naloxone can be covered as an over-the-counter drug under a group health plan or group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 42 U.S.C. 1395 et seq. 42 U.S.C. 1396 et seq. (2) the out-of-pocket cost to consumers purchasing naloxone— (A) with a prescription, with and without coverage under any such plan or coverage; (B) over-the-counter, with and without coverage under any such plan or coverage; and (C) via standing order; and (3) other factors impacting coverage, including barriers in covering naloxone as an over-the-counter drug, the relative net costs of naloxone when purchased over-the-counter without insurance coverage compared to when purchased with a prescription and covered under a group health plan or health insurance coverage, and the availability of naloxone purchased and distributed through public health entities. (b) Report Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that contains the findings of the study conducted under subsection (a). 303. Increasing access to medication for opioid overdose reversal; exemption from requirements of the Drug Supply Chain Security Act (a) Transactions Section 581(24)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360eee(24)(B) (1) by redesignating clauses (xvii) and (xviii) as clauses (xviii) and (xix), respectively; and (2) by inserting after clause (xvi) the following: (xvii) the distribution of an opioid antagonist indicated for emergency treatment of opioid overdose, such as naloxone, by or to an overdose prevention, syringe services program, or other harm reduction service; . (b) Wholesale distribution Section 503(e)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(e)(4) (1) by redesignating subparagraphs (R) and (S) as subparagraphs (S) and (T), respectively; and (2) by inserting after subparagraph (Q) the following: (R) the distribution of an opioid antagonist indicated for emergency treatment of opioid overdose, such as naloxone, by or to an overdose prevention, syringe services program, or other harm reduction service; . 304. Grant program on harms of drug misuse Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. 554. Grant program on harms of drug misuse (a) In general The Assistant Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, shall award grants to States and political subdivisions of States to support the delivery of overdose prevention services, including distribution of opioid reversal agents approved by the Food and Drug Administration, such as naloxone, fentanyl strips, and other harm reduction services that address the harms of drug misuse, including by— (1) connecting individuals at risk for, or with, a substance use disorder to overdose education, counseling, and health education; and (2) encouraging such individuals to take steps to reduce the harms associated with substance misuse. (b) Considerations In awarding grants under this section, the Assistant Secretary shall prioritize grants to applicants that are— (1) organizations providing culturally competent care in terms of considerations based on race, language, ethnicity, gender, sexuality, or disability; or (2) proposing to serve areas with— (A) a higher proportion of the population who meet criteria for dependence on, or abuse of, illicit drugs; (B) a higher drug overdose death rate; and (C) a greater behavioral health and substance use disorder workforce need. (c) Special considerations A recipient of a grant under this section shall— (1) ensure that not less than 60 percent of the grant funds are used for harm reduction programs; and (2) prioritize the delivery of opioid antagonists to— (A) people who use opioids or illicit drugs; (B) families of such people; (C) first responders, such as law enforcement personnel and nonemergency services, such as firefighters and park rangers; and (D) community service providers, such as library, school, and public transportation personnel. (d) Use of grant awards A recipient of a grant under this section may use grant funds for the following: (1) Adapting, maintaining, and expanding essential services provided by harm reduction service organizations to address the risks of drug overdose and contraction of infectious disease. (2) Maintaining or hiring staff. (3) Supporting program operational costs, including staff, rent, and vehicle purchase or maintenance. (4) Program supplies. (5) Support and case management services. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. . 305. Good Samaritan immunity (a) In general Part B of title II of the Public Health Service Act ( 42 U.S.C. 238 et seq. 249. Good Samaritan immunity (a) Limitation on civil liability for individuals who administer opioid overdose reversal drugs (1) In general Notwithstanding any other provision of law, except as provided in paragraph (2), no individual shall be liable in any Federal or State proceeding for harm caused by the emergency administration of an opioid overdose reversal drug to an individual who has or reasonably appears to have suffered an overdose from heroin or another opioid, if the individual administers the opioid overdose reversal drug in good faith. (2) Exception Paragraph (1) shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug. (3) Definition of opioid overdose reversal drug In this subsection, the term opioid overdose reversal drug (b) Immunity from liability (1) Immunity (A) In general An individual described in subparagraph (B) shall not be cited, arrested, prosecuted, criminally liable, or subject to any sanction for a violation of a condition of supervised release under section 404 of the Controlled Substances Act for the possession or use of a controlled substance, or under any other provision of Federal law regulating the misuse of prescription drugs, as a result of seeking medical assistance as described in clause (i), (ii), or (iii) of subparagraph (B). (B) Individual described An individual referred to in subparagraph (A) is an individual who, in good faith and in a timely manner— (i) seeks medical assistance for another individual who is experiencing a drug overdose; (ii) seeks medical assistance for himself or herself for a drug overdose; or (iii) is the subject of a request for medical assistance for another individual who is experiencing a drug overdose. (2) Preemption This subsection preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this subsection, unless such laws provide greater protection from liability. (3) Definitions In this section: (A) Controlled substance The term controlled substance (B) Drug overdose The term drug overdose (C) Prescription drug The term prescription drug (D) Seeks medical assistance; seeking medical assistance The terms seeks medical assistance seeking such medical assistance (i) reporting a drug or alcohol overdose or other medical emergency to a law enforcement authority, the 9–1–1 system, a poison control center, or a medical provider; (ii) assisting another individual who is making a report described in clause (i); or (iii) providing care by administering a drug to someone who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance. . (b) Public awareness campaign The Secretary, in coordination with the Administrator of the Drug Enforcement Administration, shall carry out a campaign to increase public awareness of the limitations on civil and criminal liability established by section 249 of the Public Health Service Act (as added by subsection (a)). 306. Report on overdose prevention centers The Secretary shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall— (1) not later than 2 years after the date of the agreement, submit to Congress a report on overdose prevention centers; and (2) include in the report required under paragraph (1)— (A) identification of barriers to operating overdose prevention centers; (B) a compilation of the data available to measure effectiveness of overdose prevention centers on preventing and reducing regional rates of overdose deaths, and practices utilized at overdose prevention centers to improve access to medication for opioid use disorder and recovery services; (C) identification of best practices at overdose prevention centers to promote individual and public health, provide resources to individuals and families, improve access to substance use disorder and behavioral health services, and reduce stigma; (D) recommendations for developing integrated care settings inclusive of overdose prevention sites and incorporating overdose prevention sites into referral networks; and (E) recommended approaches to overdose prevention services that may serve as effective strategies for recovery for people using fentanyl, fentanyl-related substances, other synthetic opioids, and new emerging drugs of abuse (including harmful adulterants of fentanyl, such as xylazine). 307. Prisons and substance use disorder treatment (a) Prisons and medication-Assisted treatment (1) In general The Director of the Bureau of Prisons, in collaboration with the Director of the Office of National Drug Control Policy, shall establish a program to offer— (A) all drugs that are approved by the Food and Drug Administration for treatment of a substance use disorder; (B) counseling and other psychosocial treatments for the treatment of substance use disorder; and (C) evidence-based withdrawal management services to individuals in the custody of the Bureau of Prisons to provide a comprehensive treatment approach substance use disorders. (2) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as are necessary. (b) Residential substance abuse treatment for State prisoners Section 1904(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10424(d) (1) by striking means (1) means ; (2) by striking the period at the end and inserting ; and (3) by adding at the end the following: (2) includes any such course of comprehensive individual and group substance abuse treatment services using medication-assisted treatment for opioid use disorder (including the use of any drug approved or licensed by the Food and Drug Administration for such treatment). .

Stop Fentanyl Overdoses Act of 2023

Afghan Allies Protection Act of 2023 This bill makes an additional 20,000 special immigrant visas available to eligible citizens or nationals of Afghanistan who assisted U.S. efforts there and addresses related issues. (Generally, these visas are available to individuals who were employed in Afghanistan by the U.S. government or the International Security Assistance Force for at least one year.) Specifically, the bill expands the window of eligibility for meeting certain requirements for such visas. Currently, an applicant must complete the employment requirements by the end of 2024, and the bill extends this window to the end of 2029. Similarly, the bill extends the deadline to apply for a visa with the Chief of Mission from the end of 2024 to the end of 2029. The bill also makes these visas available to otherwise eligible individuals who could not complete the employment requirements due to an injury sustained during the employment. The bill also addresses the processing of these visas, including by (1) requiring each relevant federal agency to designate a senior official to oversee the integrity and efficiency of visa processing; (2) authorizing the use of virtual video meetings to sign applications and to give oaths; (3) requiring the Department of State to reimburse applicants for the cost of medical examinations required by immigration law, if the applicant petitions for such reimbursement; and (4) requiring the State Department to develop a strategy to address pending applications.

110 S1786 IS: Afghan Allies Protection Act of 2023 U.S. Senate 2023-06-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1786 IN THE SENATE OF THE UNITED STATES June 1, 2023 Mrs. Shaheen Mr. Wicker Committee on the Judiciary A BILL To amend the Afghan Allies Protection Act of 2009 to authorize additional special immigrant visas, to require a strategy for efficient processing, and to establish designated senior special immigrant visa coordinating officials, and for other purposes. 1. Short title This Act may be cited as the Afghan Allies Protection Act of 2023 2. Sense of Congress It is the sense of Congress that— (1) section 1248(h) of the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 8 U.S.C. 1157 Public Law 111–8 (2) the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense should take all necessary steps to designate such senior coordinating officials; (3) all criteria relating to the requirements for special immigrant visa applicants under the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 8 U.S.C. 1157 Public Law 111–8 8 U.S.C. 1101 (4) in the case of any individual with respect to whom the Chief of Mission has erroneously denied a request for approval to apply for a special immigrant visa under the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 8 U.S.C. 1157 Public Law 111–8 8 U.S.C. 1101 (A) not appealed; (B) submitted an appeal; or (C) had an appeal denied; and (5) each applicant for a special immigrant visa under the Afghan Allies Protection Act of 2009 ( Public Law 111–8 8 U.S.C. 1101 3. Authorizing additional Afghan special immigrant visas Section 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 8 U.S.C. 1101 (1) in paragraph (3)(F)— (A) in the subparagraph heading, by striking Fiscal years 2015 through 2022 Fiscal years 2015 through 2029 (B) in the matter preceding clause (i), by striking 38,500 58,500 (C) in clause (i), by striking December 31, 2024 December 31, 2029 (D) in clause (ii), by striking December 31, 2024 December 31, 2029 (2) in paragraph (13), in the matter preceding subparagraph (A), by striking January 31, 2025 January 31, 2030 4. Exemption for Afghans injured or killed in the course of employment Section 602(b)(2)(A) of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 8 U.S.C. 1101 (1) in paragraph (2)(A)— (A) by amending clause (ii) to read as follows: (ii) (I) was or is employed in Afghanistan on or after October 7, 2001, for not less than 1 year— (aa) by, or on behalf of, the United States Government; or (bb) by the International Security Assistance Force (or any successor name for such Force) in a capacity that required the alien— (AA) while traveling off-base with United States military personnel stationed at the International Security Assistance Force (or any successor name for such Force), to serve as an interpreter or translator for such United States military personnel; or (BB) to perform activities for the United States military personnel stationed at International Security Assistance Force (or any successor name for such Force); or (II) in the case of an alien who was wounded or seriously injured in connection with employment described in subclause (I), was employed for any period until the date on which such wound or injury occurred, if the wound or injury prevented the alien from continuing such employment; ; and (B) in clause (iii), by striking clause (ii) clause (ii)(I) (2) in paragraph (13)(A)(i), by striking subclause (I) or (II)(bb) of paragraph (2)(A)(ii) item (aa) or (bb)(BB) of paragraph (2)(A)(ii)(I) (3) in paragraph (14)(C), by striking paragraph (2)(A)(ii) paragraph (2)(A)(ii)(I) (4) in paragraph (15), by striking paragraph (2)(A)(ii) paragraph (2)(A)(ii)(I) 5. Strategy for the efficient processing of all Afghan special immigrant visa applications and appeals Section 602 of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 8 U.S.C. 1101 (1) in subsection (a), in the matter preceding paragraph (1), by striking In this section Except as otherwise explicitly provided, in this section (2) in subsection (b), by adding at the end the following: (16) Department of State strategy for efficient processing of applications and appeals (A) In general Not later than 180 days after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Homeland Security, the Secretary of Defense, the head of any other relevant Federal agency, the appropriate committees of Congress, and civil society organizations (including legal advocates), shall develop a strategy to address applications pending at all steps of the special immigrant visa process under this section. (B) Elements The strategy required by subparagraph (A) shall include the following: (i) A review of current staffing levels and needs across all interagency offices and officials engaged in the special immigrant visa process under this section. (ii) An analysis of the expected Chief of Mission approvals and denials of applications in the pipeline in order to project the expected number of visas necessary to provide special immigrant status to all approved applicants under this Act during the several years after the date of the enactment of this paragraph. (iii) A plan for collecting and disaggregating data on— (I) individuals who have applied for special immigrant visas under this section; and (II) individuals who have been issued visas under this section. (iv) An assessment as to whether adequate guidelines exist for reconsidering or reopening applications for special immigrant visas under this section in appropriate circumstances and consistent with applicable laws. (v) An assessment of the procedures throughout the special immigrant visa application process, including at the Portsmouth Consular Center, and the effectiveness of communication between the Portsmouth Consular Center and applicants, including an identification of any area in which improvements to the efficiency of such procedures and communication may be made. (C) Form The strategy required by subparagraph (A) shall be submitted in unclassified form but may include an classified annex. (D) Appropriate committees of Congress defined In this paragraph, the term appropriate committees of Congress (i) the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Homeland Security and Government Affairs, and the Committee on Armed Services of the Senate; and (ii) the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Homeland Security, and the Committee on Armed Services of the House of Representatives. . 6. Senior coordinating officials Section 602(b)(2)(D)(ii) of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 8 U.S.C. 1101 (III) Senior special immigrant visa coordinating officials (aa) In general The head of each Federal agency that employs a national of Afghanistan who may be eligible for a special immigrant visa under this section, and the head of each Federal agency that is integral to the processing of such visas (including the Department of State, the Department of Defense, the Department of Homeland Security, and the Department of Health and Human Services), shall designate a senior coordinating official to oversee the efficiency and integrity of the processing of visas for such nationals of Afghanistan. (bb) Qualifications An official designated under item (aa) shall be of a sufficient seniority to allow for interagency coordination and responsiveness among the relevant Federal agencies. (cc) Responsibilities and clearances Such an official shall be given the responsibilities and clearances described in items (aa),(bb), and (cc) of subclause (II). . 7. Authority for reimbursement of medical examinations in cases of economic hardship Section 602 of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 8 U.S.C. 1101 (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Medical examinations (1) Reimbursement Subject to the amounts provided in advance in appropriations Acts, the Secretary of State shall, on receipt of a petition for reimbursement, reimburse an alien described in subparagraph (A), (B), or (C) of subsection (b)(2) for the costs incurred by the alien for any medical examination required under the immigration laws (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) (2) Petition Not later than the date on which an alien receives Chief of Mission approval pursuant to subsection (b), the alien shall submit to a consular officer of the United States in the foreign country in which the alien is located a petition for reimbursement for any medical examination required under the immigration laws. (3) Consular officer determination (A) In general Not later than 7 business days after the date on which a petition under paragraph (2) is submitted, a consular officer of the United States shall provide to the alien who submitted the petition a written notice of approval or denial of the petition. (B) Explanation of denial A written notice of denial under subparagraph (A) shall be accompanied by an explanation for the denial and instructions for appealing the denial. (4) Appeals process The Secretary of State shall establish a process by which an alien may appeal the denial of a petition under this subsection. (5) Cap on reimbursement A reimbursement approved under this subsection may not exceed the fair market value of medical examinations, as determined by the Secretary of State, in the applicable foreign country. (6) Payment before examination The Secretary of State, on a case-by-case basis, may approve and disburse payment for a medical examination in advance of the medical examination. . 8. Authorization of virtual interviews Section 602(b)(4) of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 (D) Virtual interviews Notwithstanding section 222(e) of the Immigration and Nationality Act ( 8 U.S.C. 1202(e) . 9. Annual report on efficiency improvements to application processing for certain Iraqi and Afghan translators and interpreters (a) In general Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall publish on the internet website of the Department of State a report that describes the efficiency improvements made with respect to the processes by which applications for special immigrant visas under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 8 U.S.C. 1101 (b) Elements Each report required by subsection (a) shall include the following: (1) For each month of the preceding fiscal year, the number of aliens who have applied for special immigrant visas under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 8 U.S.C. 1101 (2) The number of visas issued to principal and derivative applicants under such section during the preceding fiscal year. (3) The number of visas that remained authorized and available at the end of the preceding fiscal year. (4) In the case of a failure to process an application for such a visa that has been pending for more than one year, the reasons for such failure. (5) The total number of applications for such visas that are pending as of the date of the report due to— (A) failure to receive approval through the normal course of the process of adjudicating applications; and (B) an insufficient number of visas available. (6) The number of, and reasons for, denials or rejections of such applications. (c) Initial report In addition to the elements under subsection (b), the initial report submitted under subsection (a) shall include the number of visas converted under Section 2 of Public Law 110–242 8 U.S.C. 1101

Afghan Allies Protection Act of 2023

China Defense Spending Transparency ActThis bill requires the Defense Intelligence Agency (DIA) to submit a report to Congress comparing the defense budgets of the United States and China. The report must be made available to the public on the DIA website.

118 S1791 IS: China Defense Spending Transparency Act U.S. Senate 2023-06-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1791 IN THE SENATE OF THE UNITED STATES June 1, 2023 Mr. Romney Mr. Manchin Mr. Sullivan Mr. King Select Committee on Intelligence A BILL To require the Director of the Defense Intelligence Agency to conduct a comparative study on the defense budgets of the People's Republic of China and the United States, and for other purposes. 1. Short title This Act may be cited as the China Defense Spending Transparency Act 2. Comparative study on defense budget transparency of the People’s Republic of China and the United States (a) Study required (1) Defense intelligence agency study Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency shall complete and submit to the appropriate committees of Congress a public comparative study on the defense budgets of the People’s Republic of China and the United States. (2) Methodology The study required by paragraph (1) shall employ a robust methodology that— (A) does not depend on the official pronouncements of the Government of the People’s Republic of China or the Chinese Communist Party; (B) takes into account the military-civil fusion present in the People's Republic of China; and (C) employs the building block method of analysis or a similar method of analysis. (3) Goal The goal of the study required by paragraph (1) shall be to provide the people of the United States with an accurate comparison of the defense spending of the People’s Republic of China and the United States. (4) Public availability The Director shall make the study required by paragraph (1) available to the public on the internet website of the Defense Intelligence Agency. (b) Elements The study required by this section shall do the following: (1) Determine the amounts invested by each subject country across functional categories for spending, including— (A) defense-related research and development; (B) weapons procurement from domestic and foreign sources; (C) operations and maintenance; (D) pay and benefits; and (E) military pensions. (2) Consider the effects of purchasing power parity and market exchange rates, particularly on nontraded goods. (3) Estimate the magnitude of omitted spending from official defense budget information and account for such spending in the comparison. (4) Exclude spending related to veterans’ benefits, other than military pensions provided to veterans. (c) Considerations The study required by this section may take into consideration the following: (1) The effects of State-owned enterprises on the defense expenditures of the People’s Republic of China. (2) The role of differing acquisition policies and structures with respect to the defense expenditures of each subject country. (3) Any other matter relevant to evaluating the resources dedicated to the defense spending or the various military-related outlays of the People’s Republic of China. (d) Form The study required by this section shall be submitted in unclassified form, but may include a classified annex. (e) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

China Defense Spending Transparency Act

Fairness in Higher Education Accreditation Act This bill establishes additional requirements for an accrediting agency to be recognized by the Department of Education as a reliable authority on the quality of education being offered at an institution of higher education (IHE). Specifically, the bill prohibits an accrediting agency from considering (1) the diversity, equity, and inclusion policies of an IHE; and (2) the racial composition of the accepted applicants, students, or the faculty or staff of an IHE. An IHE that is subject to a denial, withdrawal, or termination of accreditation as a result of an accrediting agency's violation of this prohibition may pursue a civil action. The bill also requires an accrediting agency to assess the IHE's success in ensuring a right of free inquiry (with an exception for religious IHEs). In the case of a public IHE that is legally required to abide by the First Amendment, the bill defines free inquiry as compliance with (1) the First Amendment, including protections for freedom of speech, association, press, religion, assembly, and petition; and (2) the IHE's own written policies regarding academic freedom. In the case of a private IHE, free inquiry refers to adherence to the IHE's written institutional policies concerning freedom of speech, association, press, religion, assembly, petition, and academic freedom.

118 S1795 IS: Fairness in Higher Education Accreditation Act U.S. Senate 2023-06-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1795 IN THE SENATE OF THE UNITED STATES June 1, 2023 Mr. Rubio Mr. Lee Mr. Scott of Florida Committee on Health, Education, Labor, and Pensions A BILL To modify the criteria for recognition of accrediting agencies or associations for institutions of higher education. 1. Short title This Act may be cited as the Fairness in Higher Education Accreditation Act 2. Criteria for recognition of accrediting agencies or associations Section 496 of the Higher Education Act of 1965 ( 20 U.S.C. 1099b (1) in subsection (a)— (A) in paragraph (5)— (i) in subparagraph (I), by striking and (ii) in subparagraph (J), by inserting and (iii) by inserting after subparagraph (J), and before the flush text, the following: (K) except in the case of an institution described in subsection (r)(2), success in ensuring a right of free inquiry (as defined in subsection (r)(1)); ; (B) in paragraph (7), by striking and (C) in paragraph (8), by striking the period at the end and inserting ; and (D) by adding at the end the following: (9) as part of the accrediting process, such an agency or association shall not consider— (A) the diversity, equity, and inclusion policies of an institution of higher education; and (B) the racial composition of the accepted applicants, students, or the faculty or staff, of an institution of higher education. ; (2) in subsection (g), in the second sentence, by striking Nothing in this Act Subject to subsection (a)(9), nothing in this Act (3) in subsection (p), by striking Nothing in subsection (a)(5) Subject to subsection (a)(9), nothing in subsection (a)(5) (4) by adding at the end the following: (r) Free inquiry (1) Free inquiry In this section, the term free inquiry (A) in the case of a public institution of higher education that is legally required to abide by the First Amendment to the Constitution, compliance with— (i) the First Amendment to the Constitution, including protections for freedom of speech, association, press, religion, assembly, and petition; and (ii) the institution's own written policies regarding academic freedom; or (B) in the case of a private institution of higher education, adherence to the institution's written institutional policies concerning freedom of speech, association, press, religion, assembly, petition, and academic freedom. (2) Religious exemption An institution described in any of subparagraphs (A) through (F) shall not be subject to the free inquiry requirements of subsection (a)(5)(K). Such exempt institutions shall include: (A) An institution that is a school or department of divinity. (B) An institution that requires its faculty, students, or employees to be members of, or otherwise engage in religious practices of, or espouse a personal belief in, the religion of the organization by which it claims to be controlled. (C) An institution that in its charter or catalog, or other official publication, contains an explicit statement that it is controlled by a religious organization or an organ thereof, or is committed to the doctrines or practices of a particular religion, and the members of its governing body are appointed by the controlling religious organization or an organ thereof, and it receives a significant amount of financial support from the controlling religious organization or an organ thereof. (D) An institution that has a doctrinal statement or a statement of religious practices, along with a statement that members of the institution community must engage in the religious practices of, or espouse a personal belief in, the religion, its practices, or the doctrinal statement or statement of religious practices. (E) An institution that has a published institutional mission that is approved by the governing body of an educational institution and that includes, refers to, or is predicated upon religious tenets, beliefs, or teachings. (F) An institution with respect to which there is other evidence sufficient to establish that the institution is controlled by a religious organization, pursuant to section 901(a)(3) of the Education Amendments of 1972 ( 20 U.S.C. 1681(a)(3) . 3. Civil action An institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 20 U.S.C. 1099b(a)

Fairness in Higher Education Accreditation Act

Putting Investors First Act of 2023 This bill requires a proxy advisory firm to register with the Securities and Exchange Commission and prohibits an unregistered proxy advisory firm from using interstate commerce to provide proxy-voting advice, research, analysis, or recommendations to any client. With respect to these firms, the bill (1) establishes procedures for both registration and termination of registration; (2) requires each firm to employ an ombudsman, designate a compliance officer, and publicly disclose conflicts of interest; (3) allows issuers to assess and comment on proxy voting recommendations; and (4) prohibits unfair, coercive, or abusive practices. The bill establishes a private right of action against a proxy advisory firm that endorses an approved proposal that is not supported by the issuer and is found to be illegal.

118 S1799 IS: Putting Investors First Act of 2023 U.S. Senate 2023-06-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1799 IN THE SENATE OF THE UNITED STATES June 1, 2023 Mr. Hagerty Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to require the registration of proxy advisory firms, and for other purposes. 1. Short title This Act may be cited as the Putting Investors First Act of 2023 2. Definitions (a) In general In this Act: (1) Commission The term Commission (2) Proxy advisory firm The term proxy advisory firm 15 U.S.C. 78c(a) (3) State The term State 15 U.S.C. 78c(a) (b) Securities Exchange Act of 1934 definitions Section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) (81) Proxy advisory firm The term proxy advisory firm (A) means any person who is primarily engaged in the business of providing proxy voting advice, research, analysis, ratings, or recommendations to clients, which conduct constitutes a solicitation within the meaning of section 14; and (B) does not include any person that is exempt under law or regulation from the requirements otherwise applicable to persons engaged in such a solicitation. (82) Person associated with a proxy advisory firm The term person associated (A) means— (i) any partner, officer, or director of a proxy advisory firm (or any person occupying a similar status or performing similar functions); (ii) any person directly or indirectly controlling, controlled by, or under common control with a proxy advisory firm; (iii) any employee of a proxy advisory firm; or (iv) any person the Commission determines by rule is controlled by a proxy advisory firm; and (B) does not include any person that performs clerical or ministerial functions with respect to a proxy advisory firm. . 3. Registration of proxy advisory firms (a) Amendment The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. 15H. Registration of proxy advisory firms (a) Conduct prohibited It shall be unlawful for a proxy advisory firm to make use of the mails or any means or instrumentality of interstate commerce to provide proxy voting advice, research, analysis, ratings or recommendations to any client, unless such proxy advisory firm is registered under this section. (b) Registration procedures (1) Application for registration (A) In general A proxy advisory firm shall file with the Commission an application for registration, in such form as the Commission shall require, by rule or regulation, and containing the information described in subparagraph (B). (B) Required information An application for registration under this section shall contain information regarding— (i) a certification that the applicant is able to consistently provide proxy advice based on accurate information; (ii) the procedures and methodologies that the applicant uses in developing proxy voting recommendations; (iii) the organizational structure of the applicant; (iv) whether or not the applicant has in effect a code of ethics, and if not, the reasons therefor; (v) any potential or actual conflict of interest relating to the provision of proxy advisory services, including those arising out of or resulting from the ownership structure of the applicant or the provision of other services by the applicant or any person associated with the applicant; (vi) the policies and procedures in place to publicly disclose and manage conflicts of interest under subsection (f); (vii) information related to the professional and academic qualifications of staff tasked with providing proxy advisory services; and (viii) any other information and documents concerning the applicant and any person associated with such applicant as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (2) Review of application (A) Initial determination Not later than 90 days after the date on which the application for registration is filed with the Commission under paragraph (1) (or within such longer period as to which the applicant consents) the Commission shall— (i) by order, grant registration; or (ii) institute proceedings to determine whether registration should be denied. (B) Conduct of proceedings (i) Content Proceedings referred to in subparagraph (A)(ii) shall— (I) include notice of the grounds for denial under consideration and an opportunity for hearing; and (II) be concluded not later than 120 days after the date on which the application for registration is filed with the Commission under paragraph (1). (ii) Determination At the conclusion of such proceedings, the Commission, by order, shall grant or deny such application for registration. (iii) Extension authorized The Commission may extend the time for conclusion of such proceedings for not longer than 90 days, if the Commission finds good cause for such extension and publishes its reasons for so finding, or for such longer period as to which the applicant consents. (C) Grounds for decision The Commission shall grant registration under this subsection— (i) if the Commission finds that the requirements of this section are satisfied; and (ii) unless the Commission finds (in which case the Commission shall deny such registration) that— (I) the applicant has failed to certify to the Commission’s satisfaction that it is able to consistently provide proxy advice based on accurate information and to materially comply with the procedures and methodologies disclosed under paragraph (1)(B) and with subsections (f) and (g); or (II) if the applicant were so registered, its registration would be subject to suspension or revocation under subsection (d). (3) Public availability of information Subject to section 24, the Commission shall make the information and documents submitted to the Commission by a proxy advisory firm in its completed application for registration, or in any amendment submitted under paragraph (1) or (2) of subsection (c), publicly available on the Commission’s website, or through another comparable, readily accessible means. (c) Update of registration (1) Update Each registered proxy advisory firm shall promptly amend and update its application for registration under this section if any information or document provided therein becomes materially inaccurate, except that a registered proxy advisory firm is not required to amend the information required to be filed under subsection (b)(1)(B)(i) by filing information under this paragraph, but shall amend such information in the annual submission of the organization under paragraph (2) of this subsection. (2) Certification Not later than 90 calendar days after the end of each calendar year, each registered proxy advisory firm shall file with the Commission an amendment to its registration, in such form as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors— (A) certifying that the information and documents in the application for registration of such registered proxy advisory firm continue to be accurate in all material respects; and (B) listing any material change that occurred to such information or documents during the previous calendar year. (d) Censure, denial, or suspension of registration; notice and hearing The Commission, by order, shall censure, place limitations on the activities, functions, or operations of, suspend for a period not exceeding 12 months, or revoke the registration of any registered proxy advisory firm if the Commission finds, on the record after notice and opportunity for hearing, that such censure, placing of limitations, suspension, or revocation is necessary for the protection of investors and in the public interest and that such registered proxy advisory firm, or any person associated with such an organization, whether prior to or subsequent to becoming so associated— (1) has committed or omitted any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (H), or (G) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B), or is enjoined from any action, conduct, or practice specified in subparagraph (C) of section 15(b)(4), during the 10-year period preceding the date of commencement of the proceedings under this subsection, or at any time thereafter; (2) has been convicted during the 10-year period preceding the date on which an application for registration is filed with the Commission under this section, or at any time thereafter, of— (A) any crime that is punishable by imprisonment for 1 or more years, and that is not described in section 15(b)(4)(B); or (B) a substantially equivalent crime by a foreign court of competent jurisdiction; (3) is subject to any order of the Commission barring or suspending the right of the person to be associated with a registered proxy advisory firm; (4) fails to furnish the certifications required under subsections (b)(2)(C)(ii)(I) and (c)(2); (5) has engaged in one or more prohibited acts enumerated in paragraph (1); (6) fails to maintain adequate financial and managerial resources to consistently offer advisory services with integrity, including by failing to comply with subsection (f) or (g); or (7) engages in a prohibited act enumerated in subsection (j). (e) Termination of registration (1) Voluntary withdrawal A registered proxy advisory firm may, upon such terms and conditions as the Commission may establish as necessary in the public interest or for the protection of investors, which terms and conditions shall include at a minimum that the registered proxy advisory firm will no longer conduct such activities as to bring it within the definition of proxy advisory firm in section 3(a)(81), withdraw from registration by filing a written notice of withdrawal to the Commission. (2) Commission authority In addition to any other authority of the Commission under this title, if the Commission finds that a registered proxy advisory firm is no longer in existence or has ceased to do business as a proxy advisory firm, the Commission, by order, shall cancel the registration under this section of such registered proxy advisory firm. (f) Management of conflicts of interest (1) Organization policies and procedures Each registered proxy advisory firm shall establish, maintain, and enforce written policies and procedures reasonably designed, taking into consideration the nature of the business of such registered proxy advisory firm and associated persons, to publicly disclose and manage any conflicts of interest that arise or would reasonably be expected to arise from such business. (2) Commission authority The Commission shall, within one year of enactment, issue final rules to prohibit, or require the management and public disclosure of, any conflicts of interest relating to the offering of proxy advisory services by a registered proxy advisory firm, including, without limitation, conflicts of interest relating to— (A) the manner in which a registered proxy advisory firm is compensated by the client, any affiliate of the client, or any other person for providing proxy advisory services; (B) business relationships, ownership interests, or any other financial or personal interests between a registered proxy advisory firm, or any person associated with such registered proxy advisory firm, and any client, or any affiliate of such client; (C) the formulation of proxy voting policies; (D) the execution, or assistance with the execution, of proxy votes if such votes are based upon recommendations made by the proxy advisory firm in which a person other than the issuer is a proponent; and (E) any other potential conflict of interest, as the Commission deems necessary or appropriate in the public interest or for the protection of investors. (3) Disclosure Each registered proxy advisory firm shall annually disclose to the Commission and make publicly available the economic and other factors that a reasonable investor would expect to influence the recommendations of such proxy advisory firm, including the ownership composition of such proxy advisory firm. (g) Reliability of proxy advisory firm services (1) In general Each registered proxy advisory firm shall— (A) have staff and other resources sufficient to produce proxy voting recommendations that are based on accurate and current information; (B) implement procedures that permit issuers that are the subject of proxy voting recommendations— (i) access in a reasonable time to data and information used to make recommendations; and (ii) a reasonable opportunity to provide meaningful comment and corrections to such data and information, including the opportunity to present (in person or telephonically) details to the person responsible for developing such data and information prior to the publication of proxy voting recommendations to clients; and (C) employ an ombudsman to receive complaints about the accuracy of information used in making recommendations from the subjects of the proxy advisory firm’s voting recommendations and seek to resolve those complaints in a timely fashion and prior to the publication of proxy voting recommendations to clients; (D) if such ombudsman is unable to resolve such complaints prior to the publication of proxy voting recommendations to clients, include in the final report of the firm to clients a statement detailing its complaints, if requested in writing by the company; and (E) provide to clients receiving proxy advisory firm recommendations— (i) information demonstrating that draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer) are in the best economic interest of shareholders; and (ii) a certification by the chief executive officer, chief financial officer, and the primary executive responsible for overseeing the compilation and dissemination of proxy voting advice that the draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer)— (I) are based on internal controls and procedures that are designed to ensure accurate information; (II) do not violate applicable State or Federal law; and (III) prioritize economic returns to shareholders. (2) Definitions In this subsection: (A) Data and information used to make recommendations The term data and information used to make voting recommendations (i) means the financial, operational, or descriptive data and information on an issuer used by proxy advisory firms and any contextual or substantive analysis impacting the recommendation; and (ii) does not include the entirety of the proxy advisory firm’s final report to its clients. (B) Reasonable time The term reasonable time (i) means not less than 1 week before the publication of proxy voting recommendations for clients, unless otherwise defined through a final rule issued by the Commission; and (ii) shall not otherwise interfere with a proxy advisory firm’s ability to provide its clients with timely access to accurate proxy voting research, analysis, or recommendations. (h) Private right of action with respect to illegal recommendations Any proxy advisory firm that endorses a proposal that is not supported by the issuer but is approved and subsequently found by a court of competent jurisdiction to violate State or Federal law shall be liable to the applicable issuer for the costs associated with the approval of such proposal, including implementation costs and any penalties incurred by the issuer. (i) Designation of compliance officer Each registered proxy advisory firm shall designate an individual who reports directly to senior management as responsible for administering the policies and procedures that are required to be established pursuant to subsections (f) and (g), and for ensuring compliance with the securities laws and the rules and regulations thereunder, including those promulgated by the Commission pursuant to this section. (j) Prohibited conduct (1) Prohibited acts and practices Not later than one year after the date of enactment of this section, the Commission shall issue final rules to prohibit any act or practice relating to the offering of proxy advisory services by a registered proxy advisory firm that the Commission determines to be unfair, coercive, or abusive, including any act or practice relating to— (A) advisory or consulting services (offered directly or indirectly, including through an affiliate) related to corporate governance issues; or (B) modifying a voting recommendation or otherwise departing from its adopted systematic procedures and methodologies in the provision of proxy advisory services, based on whether an issuer, or affiliate thereof, subscribes or will subscribe to other services or product of the registered proxy advisory firm or any person associated with such organization. (2) Rule of construction Nothing in paragraph (1), or in any rules or regulations adopted thereunder, may be construed to modify, impair, or supersede the operation of any of the antitrust laws (as defined in the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act, to the extent that such section 5 applies to unfair methods of competition). (k) Statements of financial condition Each registered proxy advisory firm shall, on a confidential basis, file with the Commission, at intervals determined by the Commission, such financial statements, certified (if required by the rules or regulations of the Commission) by an independent public auditor, and information concerning its financial condition, as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (l) Annual report Each registered proxy advisory firm shall, at the beginning of each fiscal year of such firm, report to the Commission on the number of— (1) shareholder proposals its staff reviewed in the prior fiscal year; (2) recommendations made in the prior fiscal year; (3) staff who reviewed and made recommendations on such proposals in the prior fiscal year (and the qualifications of such staff); and (4) recommendations made in the prior fiscal year where the proponent of such recommendation was a client of or received services from the proxy advisory firm. (m) Transparent policies Each registered proxy advisory firm shall file with the Commission and make publicly available its methodology for the formulation of proxy voting policies and voting recommendations. (n) Rules of construction Registration under and compliance with this section does not constitute a waiver of, or otherwise diminish, any right, privilege, or defense that a registered proxy advisory firm may otherwise have under any provision of State or Federal law, including any rule, regulation, or order thereunder. (o) Regulations (1) New provisions Such rules and regulations as are required by this section or are otherwise necessary to carry out this section, including the application form required under subsection (a)— (A) shall be issued by the Commission, not later than 180 days after the date of enactment of this section; and (B) shall become effective not later than 1 year after the date of enactment of this section. (2) Review of existing regulations Not later than 270 days after the date of enactment of this section, the Commission shall— (A) review its existing rules and regulations which affect the operations of proxy advisory firms; and (B) amend or revise such rules and regulations in accordance with the purposes of this section, and issue such guidance as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. (p) Applicability This section, other than subsection (n), which shall apply on the date of enactment of this section, shall apply on the earlier of— (1) the date on which regulations are issued in final form under subsection (o)(1); or (2) 270 days after the date of enactment of this section. . (b) Conforming amendment Section 17(a)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78q(a)(1) proxy advisory firm, nationally recognized statistical rating organization, 4. Duties of investment advisors, asset managers, and pension funds (a) Reporting requirements Not later than 1 year after the date of the enactment of this Act and annually thereafter, any covered entity that retains the services of a proxy advisory firm with respect to the preceding year shall provide to the beneficiaries and customers of the covered entity, as applicable, a report that includes— (1) the percentage of votes cast on shareholder proposals that follow proxy advisor firm recommendations for each proxy advisory firm retained by the covered entity; (2) the percentage of votes cast on environmental-, social-, or governance-related shareholder proposals that follow proxy advisory firm recommendations for each proxy advisory firm retained by the covered entity; and (3) an explanation of— (A) how proxy advisory firm recommendations are used by the covered entity in making voting decisions; (B) how such recommendations are reconciled with the fiduciary duty of the covered entity to vote in the best economic interests of shareholders; (C) how frequently votes are changed when an error occurs or due to new information from issuers; and (D) the degree to which investment professionals of the covered entity are involved in such voting decisions. (b) Requirements With respect to shareholder proposals of an issuer, a covered entity with more than $100,000,000,000 in assets under management shall— (1) provide customers with a mechanism to indicate how the covered entity should vote on their behalf; (2) in any materials provided to customers and related to customers voting their shares, clarify that shareholders are not required to vote on every proposal; and (3) with respect to each shareholder proposal for which the covered entity voted (other than an issuer-sponsored proposal or a vote consistent with the recommendation of the majority of the board of directors of the issuer), make publicly available the economic analysis the covered entity conducted to determine that the vote is in the best economic interest of the customers. (c) Covered entity defined In this section, the term covered entity 5. Transparency regarding ESG funds Section 10 of the Securities Act of 1933 ( 15 U.S.C. 77j (g) Transparency regarding ESG funds An investment company that holds itself out as offering an index fund under which investments are made pursuant to a set of environmental, social, or governance standards shall disclose in tabular form on the first page of each prospectus required pursuant to this section the 1-, 3-, and 5-year annual returns and fees charged to investors with respect to such fund compared with the annual returns and fees charged to investors for the most readily comparable broad-based index fund offered by such investment company under which investments are not made pursuant to such standards, or if such investment company does not offer a comparable index fund, a reasonably similar comparison to a readily comparable broad-based index fund. . 6. Resubmission thresholds for shareholder proposals Section 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n (k) Exclusion of certain shareholder proposal resubmissions A shareholder proposal may be excluded from any proxy or consent solicitation material for an annual meeting of the shareholders of an issuer if the proposal— (1) is not germane (without regard to whether the proposal involves a significant social policy issue); or (2) addresses substantially the same subject matter (without regard to whether the proposal involves a significant social policy issue) as a proposal previously included in the proxy or consent solicitation material for an annual meeting of the shareholders of an issuer— (A) for a meeting of the shareholders conducted in the preceding 5 years; and (B) if the most recent vote— (i) occurred in the preceding 3 years; and (ii) (I) if voted on once during such period, received less than 5 percent of the votes; (II) if voted on twice during such period, received less than 15 percent of the votes; or (III) if voted on three or more times during such period, received less 25 percent of the votes. . 7. Prohibition on robovoting Section 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n (l) Prohibition on robovoting (1) In general The Commission shall issue final rules prohibiting the use of robovoting with respect to votes related to proxy or consent solicitation materials. (2) Robovoting defined The term robovoting . 8. Liability for certain failures to disclose material information Section 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n (m) False or misleading statements For purposes of section 18, failure to disclose material information regarding proxy voting advice that makes a recommendation to a security holder as to its vote, consent, or authorization on a specific matter for which security holder approval is solicited, and that is furnished by a person that markets its expertise as a provider of such proxy voting advice, separately from other forms of investment advice, and sells such proxy voting advice for a fee, shall be considered to be false or misleading with respect to a material fact. . 9. Study of certain issues with respect to shareholder proposals and proxy advisory firms Not later than 180 days after the date of the enactment of this Act, and every 5 years thereafter, the Securities and Exchange Commission, including the Office of the Advocate for Small Business Capital Formation, shall carry out a study and submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on shareholder proposals and proxy advisory firms that includes, with respect to, in the case of the first report, the preceding 10 years, and in the case of each subsequent report, the preceding 5 years, the following: (1) The costs that issuers incurred in responding to— (A) politically, environmentally, or socially motivated shareholder proposals; and (B) shareholder proposals that failed to be agreed to more than once. (2) The amount of fees that public companies paid to proxy advisory firms and persons associated with proxy advisory firms. (3) The source of funds with respect to payment of such fees. (4) The academic or professional qualifications of the staff members that provide proxy advisory services at proxy advisory firms. (5) The number of shareholder proposals that, if adopted, would require an issuer to violate a State or Federal law. (6) An estimate of the costs that issuers would incur if such proposals were adopted.

Putting Investors First Act of 2023

Block Grant Assistance Act of 2023 This bill authorizes the Department of Agriculture to provide as block grants to states and territories certain funding available to assist agricultural producers with losses due to droughts, wildfires, hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, freeze, smoke exposure, and excessive moisture occurring in calendar year 2022.

117 S180 IS: Block Grant Assistance 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. 180 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Scott of Florida Mr. Rubio Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Disaster Relief Supplemental Appropriations Act, 2023, to improve disaster relief funding for agricultural producers, and for other purposes. 1. Short title This Act may be cited as the Block Grant Assistance Act of 2023 2. Disaster Relief Supplemental Appropriations Act, 2023, amendment Title I of the Disaster Relief Supplemental Appropriations Act, 2023 (division N of Public Law 117–328 Office of the Secretary Processing, Research and Marketing AGRICULTURAL PROGRAMS DEPARTMENT OF AGRICULTURE : Provided further

Block Grant Assistance Act of 2023

United States-Israel Future of Warfare Act of 2023 This bill requires the Department of Defense to establish the United States-Israel Future of Warfare Research and Development Fund to conduct collaborative defense projects between the United States and Israel in areas of emerging technologies (e.g., artificial intelligence). The purpose of the fund is to enable the U.S. Armed Forces and the military forces of Israel to meet emerging defense challenges.

118 S1802 IS: United States-Israel Future of Warfare Act of 2023 U.S. Senate 2023-06-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1802 IN THE SENATE OF THE UNITED STATES June 1, 2023 Mr. Peters Mrs. Fischer Mr. Budd Ms. Rosen Committee on Foreign Relations A BILL To direct the Secretary of Defense to establish a fund for the conduct of collaborative defense projects between the United States and Israel in emerging technologies, and for other purposes. 1. Short title This Act may be cited as the United States-Israel Future of Warfare Act of 2023 2. Fund for conduct of collaborative defense projects between the United States and Israel in emerging technologies (a) Findings Congress makes the following findings: (1) The strategic partnership between the United States and Israel is mutually beneficial, reinforcing shared moral values and security interests while promoting peace and regional stability. (2) A strong strategic relationship between the United States and Israel, and enhanced bilateral cooperation between such countries in defense, homeland security, cybersecurity, space, and other key areas, ensure that both countries can confront current and future emerging defense challenges. (3) Israel is a global leader and innovator in the development of defense technology and is one of the closest foreign defense partners of the United States. (4) On September 14, 2016, the United States and Israel signed a 10-year memorandum of understanding reaffirming the importance of continuing annual United States military assistance to Israel (and other defense programs in areas such as missile defense, counter tunneling, and counter-unmanned aircraft systems) in a way that enhances the security of Israel and strengthens the bilateral relationship between the two countries. (5) On July 12, 2022, President Joe Biden and former Israeli Prime Minister Yair Lapid committed to elevating the strategic partnership between the United States and Israel to new heights by launching the Strategic High-Level Dialogue on Technology, tasked with establishing a technological partnership between the United States and Israel with respect to critical and emerging technologies and solutions to global challenges. (6) On July 14, 2022, President Joe Biden and former Israeli Prime Minister Yair Lapid signed a joint declaration, entitled the Jerusalem U.S.-Israel Strategic Partnership Joint Declaration the U.S.-Israel defense partnership through cooperation in cutting-edge defense technologies such as high energy laser weapons systems to defend the skies of Israel and in the future those of other U.S. and Israel security partners (7) Since 2016, Congress has appropriated $320,000,000 for counter-tunneling cooperation between the United States (specifically the Irregular Warfare Technical Support Directorate of the Department of Defense) and Israel, which has resulted in the development of counter-tunnel technology that enhances the capability of the United States and Israel to deal with tunnel threats at the borders of such countries and elsewhere. (8) Since 2020, Congress has appropriated $88,000,000 for counter-unmanned aircraft systems cooperation between the United States (specifically the Irregular Warfare Technical Support Directorate of the Department of Defense) and Israel, which has resulted in the co-development of counter-unmanned aircraft systems for use by the United States Armed Forces, the Federal Bureau of Investigation, and the United States Secret Service. (9) In January 2023, the Irregular Warfare Technical Support Directorate of the Department of Defense awarded Israel Aerospace Industries a multi-million dollar contract to rapidly develop and deliver a loitering munition known as ROC–X (10) Over the last few years, the Irregular Warfare Technical Support Directorate of the Department of Defense and the Directorate of Defense Research and Engineering of the Ministry of Defense of Israel have hosted a competition known as the MOSAIC Challenge (b) Statement of policy It is the policy of the United States to support and encourage further defense collaboration with Israel in areas of emerging technologies that may enable the development of the warfare capabilities of the United States and Israel so as to meet emerging defense challenges, including with respect to the areas of artificial intelligence, cybersecurity, directed energy, and automation. (c) United States-Israel Warfare Research and Development Fund (1) Establishment The Secretary of Defense shall establish a fund, to be known as the United States-Israel Future of Warfare Research and Development Fund Fund (2) Use of funds Amounts in the Fund shall be available for the conduct of collaborative defense projects between the United States and Israel in areas of emerging technologies, including artificial intelligence, automation, cybersecurity, and directed energy, for the purpose of enabling the United States Armed Forces and the military forces of Israel to meet emerging defense challenges. (3) Authorization of appropriations There is authorized to be appropriated to the Fund $50,000,000 for each of fiscal years 2024 through 2028.

United States-Israel Future of Warfare Act of 2023

Protecting Air Ambulance Services for Americans Act of 2023This bill authorizes payment changes under Medicare for air ambulance services based on certain collected data and requires additional reporting from providers of these services.Current law requires providers of air ambulance services to report certain information regarding general costs and utilization to the Department of Health and Human Services; private health insurers are also required to report information relating to coverage of these services. The bill authorizes the Centers for Medicare & Medicaid Services to revise payment rates under Medicare for air ambulance services based on this data, and it requires providers of air ambulance services to specifically report information relating to costs and utilization under Medicare.The bill also requires the Government Accountability Office to report on the data that is collected under current law requirements and to recommend changes to Medicare payment rates accordingly.

116 S1803 IS: Protecting Air Ambulance Services for Americans Act of 2023 U.S. Senate 2023-06-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1803 IN THE SENATE OF THE UNITED STATES June 1, 2023 Mr. Bennet Mrs. Blackburn Committee on Finance A BILL To amend title XVIII of the Social Security Act to revise payment for air ambulance services under the Medicare program. 1. Short title This Act may be cited as the Protecting Air Ambulance Services for Americans Act of 2023 2. Improvements to Medicare payment system for air ambulance services Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) (18) Improvements to medicare payment system for air ambulance services (A) In general The Secretary may revise the fee schedule otherwise established under this subsection for air ambulance services based on data described in subparagraph (B) and data collected under subparagraph (C). (B) Data described For purposes of subparagraph (A), the data described in this subparagraph is data collected pursuant to the provisions of, and amendments made by, section 106 of division BB of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (C) Additional data collection The Secretary shall require, once every 3 years, providers of services and suppliers furnishing air ambulance services to submit to the Secretary— (i) data relating to the fixed and operated costs per air ambulance base attributable to furnishing air ambulance services to individuals enrolled under this part and data relating to the utilization of such services by such individuals; (ii) data relating to the revenue obtained by such providers and suppliers under this part attributable to the furnishing of such services; and (iii) any other information determined appropriate by the Secretary. (D) Consultation In the case that the Secretary elects to revise the fee schedule for air ambulance services under subparagraph (A), the Secretary shall consider stakeholder input in a process that is transparent and appropriately considers data described in subparagraph (B) and data collected under subparagraph (C). . 3. GAO study on emergency air ambulance costs Not later than 1 year after the date on which data begins to be collected pursuant to the provisions of, and amendments made by, section 106 of division BB of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (1) the average annual operating costs per air ambulance base; (2) the average cost per transport by air ambulance; (3) the payor mix for air ambulance services; (4) the adequacy of Medicare payments for such services; (5) geographic variations in the cost of furnishing such services; and (6) recommendations on improving the fee schedule under section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l)

Protecting Air Ambulance Services for Americans Act of 2023

Office of Small Farms Establishment Act of 2023 This bill requires the Department of Agriculture (USDA) to establish the Office of Small Farms within the farm production and conservation mission area. The office must coordinate, review, and implement various programs and activities related to small farms, ranches, and forest operations. Under the bill, a small farm, ranch, or forest operation (1) is less than 180 acres or meets another USDA-determined, acreage-based definition of small; and (2) has an annual gross cash farm income of less than $350,000. Activities of the office related to small farms, ranches, and forest operations must include coordinating USDA efforts to improve support for these operators; reviewing and recommending changes to USDA statutory, regulatory, and administrative provisions, guidance, and policies that disadvantage these operators; providing or coordinating technical assistance for these operators for USDA grant, cost-share, and loan programs; and providing grants of not more than $25,000 to these operators directly or through cooperative agreements with other entities for areas including equipment and infrastructure repairs and upgrades, uninsured losses, business planning, and conservation practice adoption.

118 S1809 IS: Office of Small Farms Establishment Act of 2023 U.S. Senate 2023-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1809 IN THE SENATE OF THE UNITED STATES June 6, 2023 Mr. Booker Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Department of Agriculture Reorganization Act of 1994 to establish an Office of Small Farms, and for other purposes. 1. Short title This Act may be cited as the Office of Small Farms Establishment Act of 2023 2. Office of Small Farms (a) In general Subtitle B of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6931 et seq. 229. Office of Small Farms (a) Definition of small farm, ranch, or forest operation In this section, the term small farm, ranch, or forest operation (1) (A) is less than 180 acres; or (B) meets another acreage-based definition of small (i) the State or region in which the farm, ranch, or forest operation is located; (ii) the production system of the farm, ranch, or forest operation; or (iii) both; and (2) has an annual gross cash farm income of less than $350,000. (b) Establishment (1) In general The Secretary shall establish within the farm production and conservation mission area the Office of Small Farms. (2) Director The Secretary shall appoint a Director of the Office of Small Farms (referred to in this section as the Director (c) Duties The Director shall— (1) coordinate efforts to improve support for small farms, ranches, and forest operations across all Department agencies and offices; (2) review Department programs and policies and identify statutory, regulatory, and administrative provisions, policies, and guidance that disadvantage small farm, ranch, or forest operation participation, and recommend changes to ensure that those programs and policies adequately serve small farms, ranches, and forest operations; (3) develop recommendations for new initiatives, including financing mechanisms and technical assistance opportunities, to specifically serve small farms, ranches, and forest operations relating to production, conservation, business planning, land access, and other issues, as determined by the Secretary; (4) make recommendations to Department agencies and offices and other Federal agencies on tracking small farm, ranch, or forest operation data, including demographics and program participation rates; (5) propose research agendas on topics that are of special interest to small farms, ranches, and forest operations; (6) provide or coordinate technical assistance through the Department or through cooperative agreements with other entities to operators of small farms, ranches, and forest operations to enable those operators to access the full complement of Department grant, cost-share, and loan programs; (7) implement program directly or through cooperative agreements with other entities to provide grants of not more than $25,000 to operators of small farms, ranches, and forest operations for— (A) equipment and infrastructure repairs and upgrades; (B) uninsured losses; (C) business planning and market development assistance; (D) conservation practice adoption; (E) down payments for land acquisition; and (F) such other purposes as the Secretary determines to be appropriate; (8) operate a hotline through which operators of small farms, ranches, and forest operations can anonymously report problems that the operators encounter in attempts to access Department programs; and (9) advise other Federal agencies on how to effectively reach and serve small farms, ranches, and forest operations. (d) Liaisons The following officials shall appoint, from among the officers and employees under the respective official, a liaison to the Office of Small Farms: (1) The Chief of the Natural Resources Conservation Service. (2) The Administrator of the Farm Service Agency. (3) The Administrator of the Risk Management Agency. (4) The Under Secretary of Agriculture for Rural Development. (5) The Director of the National Institute of Food and Agriculture. (6) The Administrator of the Agricultural Marketing Service. (7) The Administrator of the National Agricultural Statistics Service. (8) The Director of the Office of Partnerships and Public Engagement. (9) The heads of such other agencies, offices, and advisory groups as the Secretary determines to be appropriate, including— (A) the Office of Urban Agriculture and Innovative Production; and (B) the Office of Tribal Relations. (e) Authorization of appropriations There are authorized to be appropriated— (1) $15,000,000 for each of fiscal years 2023 through 2028 for the administration of the Office of Small Farms; and (2) $10,000,000 for each fiscal year to provide technical assistance and grants authorized by this section. . (b) Technical amendment The Department of Agriculture Reorganization Act of 1994 is amended by redesignating the first section 225 ( 7 U.S.C. 6925 (c) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) (11) The authority of the Secretary to carry out section 229. .

Office of Small Farms Establishment Act of 2023

Military Merit, Fairness, and Equality Act of 2023 This bill prohibits the Department of Defense (DOD) from directing or otherwise compelling any member of the Armed Forces, military dependent, or civilian DOD employee to personally affirm, adopt, or adhere to the tenet that any sex, race, ethnicity, religion, or national origin is inherently superior or inferior. No organization or institution under DOD authority may provide courses, training, or any other type of instruction that directs, compels, or otherwise suggests that any member of the Armed Forces, military dependent, or civilian DOD employee should affirm, adopt, or adhere to the tenet that any sex, race, ethnicity, religion, or national origin is inherently superior or inferior. Additionally, such organizations or institutions are prohibited from making a distinction or classification of members of the Armed Forces, military dependents, or civilian DOD employees based on race, ethnicity, or national origin. All DOD personnel actions must be based exclusively on individual merit and demonstrated performance.

118 S1811 IS: Military Merit, Fairness, and Equality Act of 2023 U.S. Senate 2023-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1811 IN THE SENATE OF THE UNITED STATES June 6, 2023 Mr. Wicker Committee on Armed Services A BILL To ensure treatment in the military based on merit and performance, and for other purposes. 1. Short title This Act may be cited as the Military Merit, Fairness, and Equality Act of 2023 2. Findings Congress makes the following findings: (1) The United States Armed Forces is the greatest civil rights program in the history of the world. (2) Former Chairman of the Joint Chiefs General Colin Powell wrote that the military [has] given African-Americans more equal opportunity than any other institution in American society (3) Today’s Armed Forces is the most diverse large public institution in the country, and brings together Americans from every background in the service of defending the country. (4) Military readiness depends on the guarantee of equal opportunity, without the promise of an equal outcome, because warfare is a competitive endeavor and the nation’s enemies must know that the United States Armed Forces is led by the best, brightest, and bravest Americans. (5) The tenets of critical race theory are antithetical to the merit-based, all-volunteer, military that has served the country with great distinction for the last 50 years. 3. Definition of equity For the purposes of any Department of Defense Diversity, Equity, and Inclusion directive, program, policy, or instruction, the term equity the right of all persons to have the opportunity to participate in, and benefit from, programs, and activities for which they are qualified 4. Prohibitions (a) Directives The Department of Defense shall not direct or otherwise compel any member of the Armed Forces, military dependent, or civilian employee of the Department of Defense to personally affirm, adopt, or adhere to the tenet that any sex, race, ethnicity, religion or national origin is inherently superior or inferior. (b) Training and instruction No organization or institution under the authority of the Secretary of Defense may provide courses, training, or any other type of instruction that directs, compels, or otherwise suggests that members of the Armed Forces, military dependents, or civilian employees of the Department of Defense should affirm, adopt, or adhere to the tenet described in subsection (a). (c) Distinctions and classifications (1) In general No organization or institution under the authority of the Secretary of Defense shall make a distinction or classification of members of the Armed Forces, military dependents, or civilian employees of the Department of Defense based on account of race, ethnicity, or national origin. (2) Rule of construction Nothing in this subsection shall be construed to prohibit the required collection or reporting of demographic information by the Department of Defense. 5. Merit requirement All Department of Defense personnel actions, including accessions, promotions, assignments and training, shall be based exclusively on individual merit and demonstrated performance.

Military Merit, Fairness, and Equality Act of 2023

Open and Responsive Government Act of 2023 This bill limits the extent to which federal agencies may exempt information from requests to disclose agency records under the Freedom of Information Act, including prohibiting the withholding of a portion of an otherwise responsive record on the basis that the portion is nonresponsive.

118 S1812 IS: Open and Responsive Government Act of 2023 U.S. Senate 2023-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1812 IN THE SENATE OF THE UNITED STATES June 6, 2023 Mr. Grassley Mrs. Feinstein Mr. Welch Committee on the Judiciary A BILL To modify the exemption for trade secrets and commercial or financial information in the Freedom of Information Act, and for other purposes. 1. Short title This Act may be cited as the Open and Responsive Government Act of 2023 2. Amendments to the Freedom of Information Act Section 552 of title 5, United States Code (commonly known as the Freedom of Information Act (1) in subsection (b)(4), by inserting before the semicolon at the end the following: , provided that the term confidential (2) in subsection (d)— (A) by striking This section does not authorize withholding of information This section— (1) does not authorize the withholding of information ; (B) in paragraph (1), as so designated, by striking . This section is not authority to withhold information from Congress. (C) by adding at the end the following: (2) does not authorize the withholding of a portion of an otherwise responsive record on the basis that the portion is non-responsive; and (3) is not authority to withhold information from Congress. .

Open and Responsive Government Act of 2023

Protecting Mushroom Farmers Act This bill requires the federal crop insurance program to provide for the research and development of a policy to insure the production of mushrooms or revenue derived from the production of mushrooms. (The term policy means an insurance policy, plan of insurance, provision of a policy or plan of insurance, and related materials.)

118 S1816 IS: Protecting Mushroom Farmers Act U.S. Senate 2023-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1816 IN THE SENATE OF THE UNITED STATES June 6, 2023 Mr. Fetterman Mr. Casey Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Federal Crop Insurance Act to require research and development regarding a policy to insure the production of mushrooms. 1. Short title This Act may be cited as the Protecting Mushroom Farmers Act 2. Research and development authority Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) (20) Mushrooms (A) In general The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure the production of mushrooms or revenue derived from the production of mushrooms. (B) Report Not later than 1 year after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes— (i) the results of the research and development carried out under subparagraph (A); and (ii) any recommendations with respect to those results. .

Protecting Mushroom Farmers Act

Safe Routes Act of 2023 This bill directs the Department of Transportation to waive vehicle weight limits for covered logging vehicles. The term covered logging vehicle means a vehicle that (1) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips; (2) is traveling a distance of not more than 150 air miles from origin to a storage or processing facility; and (3) meets state legal weight tolerances and vehicle configurations for transporting raw or unfinished forest products within the state boundaries in which the vehicle is operating.

118 S1818 IS: Safe Routes Act of 2023 U.S. Senate 2023-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1818 IN THE SENATE OF THE UNITED STATES June 6, 2023 Mr. Johnson Committee on Environment and Public Works A BILL To amend title 23, United States Code, to require the Secretary of Transportation to waive vehicle weight limitations for certain logging vehicles, and for other purposes. 1. Short title This Act may be cited as the Safe Routes Act of 2023 2. Vehicle weight exemption for certain logging vehicles Section 127 of title 23, United States Code, is amended by adding at the end the following: (x) Certain logging vehicles (1) In general The Secretary shall waive, for a covered logging vehicle, the application of any vehicle weight limit established under this section. (2) Application of weight tolerances The waiver under this subsection shall only apply with respect to a State legal weight tolerance in effect on the date of enactment of this subsection. (3) Definition of covered logging vehicle In this subsection, the term covered logging vehicle (A) is transporting raw or unfinished forest products, including logs, pulpwood, biomass, or wood chips; (B) is traveling a distance of not more than 150 air miles on the Interstate System from the point of origin to a storage or processing facility; and (C) meets applicable State legal weight tolerances and vehicle configurations for transporting raw or unfinished forest products within the boundaries of each State in which the vehicle is operating. .

Safe Routes Act of 2023

3D Printed Gun Safety Act of 20213D Printed Gun Safety Act of 2023This bill makes it unlawful to intentionally publish digital instructions forthat can automatically programming a three-dimensional printer or similar device to make produce or complete a firearm from an unfinished frame or receiver.

118 S1819 IS: 3D Printed Gun Safety Act of 2023 U.S. Senate 2023-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1819 IN THE SENATE OF THE UNITED STATES June 6, 2023 Mr. Markey Mr. Menendez Mr. Blumenthal Mr. Schatz Mr. Kaine Mrs. Feinstein Mr. Durbin Mr. Casey Mr. Wyden Mr. Whitehouse Mr. Brown Mr. Welch Mr. Merkley Ms. Baldwin Ms. Klobuchar Mr. Padilla Mr. Sanders Ms. Hirono Mr. Reed Mr. Booker Mr. Cardin Ms. Duckworth Mrs. Gillibrand Mr. Murphy Ms. Smith Mr. Coons Mr. Van Hollen Mr. Carper Committee on the Judiciary A BILL To amend chapter 44 1. Short title This Act may be cited as the 3D Printed Gun Safety Act of 2023 2. Findings Congress finds the following: (1) Three dimensional, or 3D (2) Recent technological developments have allowed for the 3D printing of firearms and firearm parts, including parts made out of plastic, by unlicensed individuals in possession of relatively inexpensive 3D printers. (3) Because 3D printing allows individuals to make their own firearms out of plastic, they may be able to evade detection by metal detectors at security checkpoints, increasing the risk that a firearm will be used to perpetrate violence on an airplane or other area where people congregate. (4) The availability of online schematics for the 3D printing of firearms and firearm parts increases the risk that dangerous people, including felons, domestic abusers, and other people prohibited from possessing firearms under Federal law, will obtain a firearm through 3D printing. (5) On June 7, 2013, an assailant used a gun he had constructed by himself to kill his father, brother, and 3 other people at Santa Monica College in California. The person had failed a background check when he tried to purchase a gun from a licensed gun dealer. The gun he used was made from an unfinished AR–15-style receiver, similar to a receiver that can now be made with a 3D printer. (6) Firearms tracing is a powerful investigative tool. When law enforcement agencies recover firearms that have been used in crimes, the agencies work with the Bureau of Alcohol, Tobacco, Firearms and Explosives to trace these firearms to their first retail purchaser. The agencies can use that information to investigate and solve the crimes. In 2019 alone, the Bureau of Alcohol, Tobacco, Firearms and Explosives traced and recovered 269,250 firearms. (7) Firearms tracing depends on the ability to identify firearms based on their serial number. Traditionally, when a firearm is manufactured domestically or imported from abroad, it is engraved with a serial number and markings that identify the manufacturer or importer, make, model, and caliber, and are unique to the firearm. Firearms made by unlicensed individuals with 3D printers, however, do not contain genuine serial numbers. (8) Criminals seek firearms without serial numbers because they cannot be traced. In July 2018, the Los Angeles Police Department completed a 6-month-long investigation that resulted in the seizure of 45 firearms, some of which had been assembled without serial numbers in order to be untraceable. If the schematics for 3D printing firearms and firearm parts are available online, people intending to commit gun crimes may create similarly untraceable firearms in order to avoid accountability for these crimes. (9) Interstate gun trafficking, including the trafficking of untraceable firearms, interferes with lawful commerce in firearms and significantly contributes to gun crime. Of the 269,250 firearms traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives in 2019, 75,513 of those firearms were originally sold by a licensed firearms dealer in a State other than the State where they were recovered. These guns made up 28.0 percent of all firearm recoveries in 2019. (10) The proliferation of 3D-printed firearms threatens to undermine the entire Federal firearms regulatory scheme and to endanger public safety and national security. By making illegal the distribution of certain computer code that can be used automatically to program 3D printers and create firearms—the only means of combating this unique threat—Congress seeks not to regulate the rights of computer programmers under the First Amendment to the Constitution of the United States, but rather to curb the pernicious effects of untraceable—and potentially undetectable—firearms. 3. Prohibition Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) Distribution of code for 3D printed firearms It shall be unlawful for any person to intentionally distribute, over the internet or by means of the World Wide Web, digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver. .

3D Printed Gun Safety Act of 2023

Transition-to-Success Mentoring Act This bill establishes a transition-to-success mentoring program requiring the Department of Education (ED) to award grants to eligible entities (e.g., local educational agencies) to provide school-based mentoring programs to assist at-risk students in transitioning from middle to high school. ED must also work with the Office of Juvenile Justice and Delinquency Prevention to (1) refer grant recipients to the National Mentoring Resource Center to obtain mentoring resources, and (2) provide grant recipients with information regarding transitional services for eligible students returning from correctional facilities and transition services for students with disabilities.

118 S182 IS: Transition-to-Success Mentoring 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. 182 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Booker Mr. Menendez Committee on Health, Education, Labor, and Pensions A BILL To amend the Elementary and Secondary Education Act of 1965 to award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist at-risk middle school students with the transition from middle school to high school. 1. Short title This Act may be cited as the Transition-to-Success Mentoring Act 2. Transition-to-Success Mentoring Program (a) Transition-to-Success Mentoring Program Part D of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6421 et seq. 4 Transition-to-Success Mentoring Program 1441. Transition-to-Success Mentoring Program (a) In general The Secretary shall award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist eligible students with the transition from middle school to high school. (b) Application (1) In general To receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Priority In selecting grant recipients, the Secretary shall give priority to eligible entities that— (A) serve children and youth with the greatest need living in high-poverty, high-crime areas, or rural areas, or who attend schools with high rates of community violence; (B) provide eligible students with opportunities for postsecondary education preparation and career development, including— (i) job training, professional development, work shadowing, internships, networking, résumé writing and review, interview preparation, transition services for students with disabilities, application assistance and visits to institutions of higher education, and leadership development through community service; and (ii) partnerships with the private sector and local businesses to provide internship and career exploration activities and resources; (C) seek to provide match lengths between eligible students and success coaches for at least 1 academic year; and (D) indicate how, and the degree to which, children were consulted and engaged in the development, design, and implementation of the school-based mentoring program. (c) Uses of funds (1) Required uses of funds An eligible entity that receives a grant under this section shall use the grant funds to establish a school-based mentoring program, or to expand or provide technical support to an existing school-based mentoring program, in all middle schools served by the entity, under which each eligible student is assigned to a success coach who— (A) creates a plan for success for the student that— (i) is created with the student, mentor, relevant school staff (such as a teacher or school counselor), and parents of the student; (ii) includes, for each academic year, the student’s academic, personal, college, and career exploration goals, and a strategy on how to accomplish such goals; (iii) identifies the student’s strengths, areas for improvement, and academic progress; and (iv) includes a plan to educate and support the student’s college or career exploration goals; (B) enters into a signed, written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success; (C) meets with the student at least once per month to— (i) assist the student in achieving the goals under the plan for success; (ii) identify the student’s academic areas for improvement; (iii) connect the student with the tools and resources necessary to help improve the student’s potential for academic success; (iv) ensure the student’s successful transition from middle school to high school by identifying opportunities to help the student develop a positive attitude toward school, improve classroom behavior, complete coursework, and socialize with peers; and (v) in the case of a student with behavioral issues, assist the student in behavior management techniques; (D) at least quarterly, meets with the student and the parents, teachers, or counselors of the student to— (i) evaluate the student’s progress in achieving the goals under the plan for the current academic year; and (ii) revise or establish new goals for the next academic year; and (E) assists the student in exploring higher education and career exposure opportunities. (2) Authorized uses of funds An eligible entity that receives a grant under this section may use such funds to— (A) develop and carry out regular training for success coaches, including on— (i) the impact of adverse childhood experiences; (ii) trauma-informed practices and interventions; (iii) supporting homeless children and youths; (iv) supporting children and youth in foster care; (v) cultural competency; (vi) meeting all appropriate privacy and confidentiality requirements for students, including students in foster care; (vii) working in coordination with a public school system; (viii) positive youth development and engagement practices; and (ix) disability inclusion practices to ensure access and participation by students with disabilities; (B) recruit, screen, match, compensate, and train success coaches, and pay for costs related to success coach and mentee participation in the program; (C) hire staff to perform or support the objectives of the school-based mentoring program; (D) provide inclusive and accessible youth engagement activities, such as— (i) enrichment field trips to cultural destinations; (ii) career awareness activities, including job site visits, informational interviews, résumé writing, interview preparation, and networking; and (iii) academic or postsecondary education preparation activities, including trade or vocational school visits, visits to institutions of higher education, and assistance in applying to institutions of higher education; (E) provide activities or programming with the purpose of engaging and connecting the student to the school community; and (F) conduct program evaluation, including by acquiring and analyzing the data described under subsection (e). (d) Grant Duration A grant under this section shall be awarded for a period of not more than 5 years. (e) Reporting requirements (1) Eligible entities An eligible entity receiving a grant under this section shall submit to the Secretary, at the end of each academic year during the grant period, a report that includes— (A) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds under this section; (B) demographic data on such students; (C) data on the academic achievement, dropout rates, truancy, absenteeism, outcomes of arrests for violent crime, summer employment, and postsecondary education enrollment of such students; (D) the number of contact hours between such students and their success coaches; (E) the number of students with disabilities connected to transition services; (F) data on social-emotional development of students as assessed with a validated social-emotional assessment tool; and (G) any other information that the Secretary may require to evaluate the success of the school-based mentoring program. (2) Secretary (A) Interim report At the end of the third fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress an interim report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (B) Final report At the end of the fifth fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress a final report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1). (f) Mentoring resources and community service coordination The Secretary shall work with the Office of Juvenile Justice and Delinquency Prevention to— (1) refer grantees under this section to the National Mentoring Resource Center to obtain resources on best practices and research related to mentoring and to request no-cost training and technical assistance; and (2) provide grantees under this section with information regarding transitional services for eligible students returning from correctional facilities and transition services for students with disabilities. (g) Definitions In this section: (1) Eligible entity The term eligible entity (A) a local educational agency that— (i) receives, or is eligible to receive, funds under part A of this title; or (ii) is a high-need local educational agency; or (B) a partnership between a local educational agency described in subparagraph (A) and a nonprofit, community-based organization. (2) Eligible student The term eligible student (A) is enrolled in a middle school served by an eligible entity; and (B) is an at-risk student. (3) High-need local educational agency The term high-need local educational agency (4) High-need school The term high-need school (5) Middle school The term middle school (6) School-based mentoring The term school-based mentoring (A) are closely coordinated with a school by involving teachers, counselors, and other school staff who may identify and refer students for mentoring services; and (B) assist at-risk students in improving academic achievement and attitudes toward school and reducing disciplinary referrals. (7) Success coach The term success coach (A) is— (i) an employee or volunteer of a local educational agency in which a mentoring program receiving support under this section is being carried out; or (ii) a volunteer or employee from a nonprofit, community-based organization that provides volunteers for mentoring programs in secondary schools; and (B) prior to becoming a success coach— (i) received training from an eligible entity, which, at a minimum, was 2 hours in length and covered the roles and responsibilities of a success coach; and (ii) underwent a screening by an eligible entity that included— (I) appropriate job reference checks; (II) child and domestic abuse record checks; and (III) criminal background checks. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. Subpart 4—Transition-to-Success Mentoring Program Sec. 1441. Transition-to-success mentoring program. .

Transition-to-Success Mentoring Act

Students Helping Young Students Act of 2023 This bill expands the federal work-study programs at institutions of higher education to include work-study programs that compensate students employed in the educational after-school, before-school, or out-of-school community service activities of public elementary or secondary schools.

118 S183 IS: Students Helping Young Students 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. 183 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Booker Mr. Menendez Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965, to add a work-study program for off-campus community service at selected after-school activities, and for other purposes. 1. Short title This Act may be cited as the Students Helping Young Students Act of 2023 2. Community services defined Section 441(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087–51(c) (1) by striking and (2) by striking the period and inserting and (3) by adding at the end the following: (5) after-school activities, as defined in section 443(f). . 3. Grants for Federal work-study program Section 443 of the Higher Education Act of 1965 ( 20 U.S.C. 1087–53 (1) in subsection (b)(2)(A), by inserting or after-school activity (as described in subsection (f)) subsection (d)) (2) in subsection (d)— (A) in paragraph (1)— (i) in the subsection heading, by striking Use Required Use (ii) by inserting that is not carrying out subsection (f) for such year an institution (B) by adding at the end the following: (4) Authorized use of funds In any academic year to which subsection (b)(2)(A) applies, an institution that is carrying out subsection (f) may also use funds granted to such institution under this section in accordance with this subsection. ; and (3) by adding at the end the following: (f) After-School Activities (1) Use of Funds In any academic year to which subsection (b)(2)(A) applies— (A) an institution that is not carrying out subsection (d) for such year shall ensure funds granted to such institution under this section are used in accordance with this subsection to compensate (including compensation for time spent in training and travel directly related to after school activities) students employed in after-school activities of eligible schools; and (B) an institution that is carrying out subsection (d) for such year may also use funds granted to such institution under this section in accordance with this subsection to compensate the students described in subparagraph (A). (2) Registration Process Not later than 180 days after the date of enactment of the Students Helping Young Students Act of 2023 (3) Implementation The Secretary shall establish any standards necessary for participation in— (A) the work-study program described in paragraph (1); and (B) the registration process described in paragraph (2). (4) Priority for Schools To the extent practicable, an institution shall— (A) give priority to eligible schools serving a low-income community; and (B) ensure that any student compensated with funds described in paragraph (1) receives appropriate training to carry out the educational services required. (5) Federal Share The Federal share of the compensation for work-study students compensated under this subsection may exceed 75 percent. (6) Definitions For purposes of this subsection: (A) The term after-school activities (i) means activities that take place after school, before school, or out of school (in the summer or during other vacations) that have an educational purpose; and (ii) includes such activities administered by— (I) an eligible school, including activities in which only the student population of such school is served; or (II) a community-based learning center or organization, nonprofit organization, or other center or organization that facilitates youth development activities, which partners with an eligible school. (B) The terms elementary school secondary school 20 U.S.C. 7801 (C) The term eligible school (D) The term low-income community .

Students Helping Young Students Act of 2023

Roadless Area Conservation Act of 2023 This bill bars the Department of Agriculture from allowing the construction of roads, the reconstruction of roads, or logging in an inventoried roadless area where those activities are prohibited by the Roadless Rule (i.e., certain federal regulations relating to roadless area management).

118 S1831 IS: Roadless Area Conservation Act of 2023 U.S. Senate 2023-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1831 IN THE SENATE OF THE UNITED STATES June 6, 2023 Ms. Cantwell Mr. Blumenthal Mr. Booker Mr. Durbin Mrs. Feinstein Mr. Heinrich Ms. Hirono Mr. Markey Mr. Menendez Mr. Merkley Mrs. Murray Mr. Padilla Mr. Reed Mr. Sanders Ms. Warren Mr. Welch Mr. Whitehouse Mr. Wyden Committee on Energy and Natural Resources A BILL To provide lasting protection for inventoried roadless areas within the National Forest System. 1. Short title This Act may be cited as the Roadless Area Conservation Act of 2023 2. Findings and purpose (a) In general Congress finds that— (1) there is a compelling need to establish national protection for inventoried roadless areas of the National Forest System in order to protect the unique social and ecological values of those irreplaceable resources; (2) roadless areas protect healthy watersheds and the numerous benefits of healthy watersheds, which include— (A) providing the setting for many forms of outdoor recreation; (B) ensuring a supply of clean water for domestic, agricultural, and industrial uses; (C) providing drinking water to tens of millions of citizens of the United States; and (D) helping maintain abundant and healthy fish and wildlife populations and habitats; (3) maintaining roadless areas in a relatively undisturbed condition— (A) saves downstream communities millions of dollars in water filtration costs; and (B) is crucial to preserve the flow of affordable, clean water to a growing population; (4) the protection of roadless areas can maintain biological strongholds and refuges for many imperiled species by halting the ongoing fragmentation of the landscape into smaller and smaller parcels of land divided by road corridors; (5) roadless areas conserve native biodiversity by serving as a bulwark against the spread of nonnative invasive species; (6) roadless areas provide important back­country fish and game habitat, creating opportunities for hunting and commercial and sport fishing; (7) roadless areas provide unparalleled opportunities for outdoor recreation, including hiking, camping, picnicking, wildlife viewing, hunting, fishing, cross-country skiing, canoeing, mountain-biking, and similar activities; (8) while roadless areas may have many wilderness-like attributes, unlike wilderness areas, the use of mechanized means of travel is allowed in many roadless areas; (9) roadless areas contain many sites sacred to Native Americans, Alaska Natives, and other groups that use roadless areas for spiritual and religious practices and access, including customary and traditional uses and activities; (10) from the inception of Federal land management, the mission of the Forest Service has been to manage the National Forest System for multiple uses, including resource utilization, conservation, and other uses; (11) consistent with the multiple-use mission described in paragraph (10), this Act— (A) ensures the continued protection of social and ecological values, while allowing for many multiple uses of inventoried roadless areas; and (B) does not impose any new limitations on— (i) inventoried roadless areas; or (ii) the use of, or access to, National Forest System, State, or private land outside inventoried roadless areas; (12) enacting a law for the protection of inventoried roadless areas— (A) provides additional reliability to areas with recreation-based economies that depend on public land without roads for jobs, revenue, and consumer spending; and (B) encourages forest managers to continue giving priority to conducting fuel reduction treatments in the areas in which the treatments will have the most impact; (13) wildfires are almost twice as likely to occur in roaded areas as in roadless areas, because roadless areas are generally located further away from communities and are harder to access; (14) the Forest Service has an enormous backlog of maintenance needs for the existing 371,581-mile road system of the Forest Service that will cost $3,200,000,000 to eliminate; and (15) continued protection of roadless areas will continue to allow for the development of hydropower projects. (b) Purpose The purpose of this Act is to provide, within the context of multiple-use management, lasting protection for inventoried roadless areas within the National Forest System. 3. Definitions In this Act: (1) Inventoried roadless area The term inventoried roadless area (2) Roadless Rule The term Roadless Rule (3) Secretary The term Secretary 4. Protection of inventoried roadless areas The Secretary shall not allow road construction, road reconstruction, or logging in an inventoried roadless area where those activities are prohibited by the Roadless Rule.

Roadless Area Conservation Act of 2023

Expanding Access to Diabetes Self-Management Training Act of 2023 This bill expands Medicare coverage of diabetes outpatient self-management training. It also requires the Center for Medicare and Medicaid Innovation to test a model in which such training is provided virtually.

118 S1832 IS: Expanding Access to Diabetes Self-Management Training Act of 2023 U.S. Senate 2023-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1832 IN THE SENATE OF THE UNITED STATES June 6, 2023 Mrs. Shaheen Ms. Collins Mr. King Mr. Cramer Ms. Stabenow Ms. Sinema Mr. Van Hollen Committee on Finance A BILL To amend title XVIII of the Social Security Act to improve access to diabetes outpatient self-management training services, to require the Center for Medicare and Medicaid Innovation to test the provision of virtual diabetes outpatient self-management training services, and for other purposes. 1. Short title This Act may be cited as the Expanding Access to Diabetes Self-Management Training Act of 2023 2. Improving access to diabetes outpatient self-management training services (a) In general Section 1861(qq) of the Social Security Act ( 42 U.S.C. 1395x(qq) (1) in paragraph (1)— (A) by striking the Secretary determines appropriate specified in paragraph (3) (B) by inserting or qualified nonphysician practitioner only if the physician (C) by inserting (or other physician or qualified nonphysician practitioner furnishing items or services to such individual, in coordination with the physician or qualified nonphysician practitioner managing such individual’s diabetic condition) managing the individual’s diabetic condition (2) in paragraph (2)(B), by striking paragraph subparagraph (3) by adding at the end the following new paragraph: (3) For purposes of paragraph (1), the times specified in this paragraph are the following: (A) An initial 10 hours of educational and training services to remain available until used. (B) No more than 2 hours of individual or group educational and training services each year, including the year in which the initial 10 hours described in subparagraph (A) are completed. . (b) Medical nutrition therapy services Section 1861(s)(2)(V) of such Act ( 42 U.S.C. 1395x(s)(2)(V) (1) by striking clause (i); (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and (3) in clause (ii), as so redesignated, by striking after consideration of consistent with (c) Cost-Sharing Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (1) in subsection (a)(1)— (A) by striking and (HH) (HH) (B) by inserting the following before the semicolon at the end: and (II) with respect to diabetes outpatient self-management training services (as defined in section 1861(qq)), the amount paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule that applies to such services under this part; (2) in subsection (b), in the first sentence— (A) by striking , and (13) (13) (B) by striking the period at the end and inserting , and (14) such deductible shall not apply with respect to diabetes outpatient self-management training services (as defined in section 1861(qq)) (d) Application The amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2025. 3. CMI testing of providing virtual diabetes outpatient self-management training services Section 1115A of the Social Security Act ( 42 U.S.C. 1315a (1) in subsection (b)(2)(A), by adding at the end the following new sentence: “The models selected under this subparagraph shall include the testing of the model described in subsection (h).”; and (2) by adding at the end the following new subsection: (h) Testing of providing virtual diabetes outpatient self-Management training services (1) Establishment Not later than January 1, 2025, the Secretary shall implement a model to test the impact of providing coverage under title XVIII for virtual diabetes outpatient self-management training services furnished to applicable beneficiaries with respect to improved health outcomes for such applicable beneficiaries and reduced expenditures under such title XVIII. (2) Model design (A) In general The Secretary shall design the model under this subsection in such a manner to allow for the evaluation of demographic characteristics of applicable beneficiaries participating in such model and the extent to which such model accomplishes the following purposes: (i) Improvement in health outcomes with respect to the diabetic conditions, including by reducing A1c levels. (ii) Reduced hospitalizations due to diabetic-related complications. (iii) Increased utilization of diabetes outpatient self-management training services as evidenced by, for example, Medicare beneficiary participation and utilization of covered hours during the first year and subsequent years or use of diabetes outpatient self-management training services in rural and underserved communities. (iv) Improved medication adherence. (v) Reduced expenditures under this title attributable to the model. (B) Consultation In designing the model under this subsection, the Secretary shall, not later than 3 months after the date of the enactment of this subsection, consult with stakeholders in the field of diabetes care and education, clinicians in the primary care community, experts in digital health, and beneficiary groups. (3) Definitions In this subsection: (A) Applicable beneficiary The term applicable beneficiary (B) Qualified web-based program The term qualified web-based program (i) designed to furnish educational and training services to an individual with diabetes to ensure therapy compliance with respect to the individual’s diabetic condition or to provide the individual with necessary skills and knowledge (including skills related to the self-administration of injectable drugs) to participate in the individual’s management of such condition; and (ii) that meets the quality standards described in section 1861(qq)(2)(B). (C) Virtual diabetes outpatient self-management training services The term virtual diabetes outpatient self-management training services .

Expanding Access to Diabetes Self-Management Training Act of 2023

Cattle Fever Tick Eradication Program Enhancement Act of 2023 This bill requires the Department of Agriculture (USDA) to enter into a contract to evaluate the Cattle Fever Tick Eradication Program. (Under the program, the Animal and Plant Health Inspection Service works in coordination with the Texas Animal Health Commission to combat the spread of cattle fever ticks, which can spread a serious cattle disease called bovine babesiosis or cattle fever.) Specifically, USDA must enter into a contract to review and report on the Cattle Fever Tick Eradication Program with a (1) land-grant college or university, or (2) non-land-grant college of agriculture. The review must include an evaluation of the program's effectiveness with respect to preventing and reducing the spread of cattle fever ticks; the program's benefits, and the burdens of compliance, to cattle producers; the treatment protocols developed and implemented under the program; and the federal and state funds allocated to support the program for the most recent fiscal year.

118 S1836 IS: Cattle Fever Tick Eradication Program Enhancement Act of 2023 U.S. Senate 2023-06-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1836 IN THE SENATE OF THE UNITED STATES June 6, 2023 Mr. Cornyn Mr. Luján Committee on Agriculture, Nutrition, and Forestry A BILL To direct the Secretary of Agriculture to review the Cattle Fever Tick Eradication Program, and for other purposes. 1. Short title This Act may be cited as the Cattle Fever Tick Eradication Program Enhancement Act of 2023 2. Cattle Fever Tick Eradication Program review and report (a) Definitions In this section: (1) Covered institution The term covered institution (A) a land-grant college or university; and (B) a non-land-grant college of agriculture. (2) Land-grant college or university The term land-grant college or university 7 U.S.C. 3103 (3) Non-land-grant college of agriculture The term non-land-grant college of agriculture 7 U.S.C. 3103 (4) Program The term Program (5) Secretary The term Secretary (b) Program review (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall offer to enter into a contract with a covered institution to conduct a review of the Program. (2) Review elements The review conducted under paragraph (1) shall include an evaluation of— (A) the effectiveness of the Program in preventing and reducing the spread of cattle fever ticks; (B) with respect to cattle producers— (i) the benefits of the Program; and (ii) the burden of compliance with the Program; (C) the treatment protocols developed and implemented under the Program; and (D) the Federal and State funds allocated to support the Program for the most recent fiscal year, including the funds allocated to each research project associated with the Program. (c) Report Not later than 1 year after the date on which the Secretary and a covered institution enter into a contract under subsection (b)(1), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that includes— (1) the results of the review conducted pursuant to that contract; and (2) recommendations for improvements to the Program, including recommendations for reducing burdens on cattle producers in complying with the Program.

Cattle Fever Tick Eradication Program Enhancement Act of 2023

Spotted Lanternfly Research and Development Act This bill includes combatting the spotted lanternfly (Lycorma delicatula) as a Department of Agriculture (USDA) high-priority research and extension area. The bill specifically allows grants for developing and disseminating research-based tools and treatments to combat the spotted lanternfly, which is an invasive species native to China that feeds on a wide range of crops and plants (e.g., grapes, apples, hops, walnuts, and hardwood trees). Further, the bill reauthorizes USDA grants to support competitive specialized research and extension activities, including high-priority areas, through FY2028. The bill also specifically reauthorizes through FY2028 the Pulse Crop Health Initiative; the Comprehensive Food Safety Training Network; pollinator protection research and extension grants; increased USDA capacity and infrastructure to address and conduct research on colony collapse disorder and other pollinator issues; and a USDA-conducted nationwide honey bee pest, pathogen, health, and population status surveillance program.

118 S1837 IS: Spotted Lanternfly Research and Development Act U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1837 IN THE SENATE OF THE UNITED STATES June 7, 2023 Mr. Fetterman Mr. Vance Mrs. Gillibrand Mr. Casey Mr. Schumer Mr. Brown Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to include spotted lanternfly control research and development as a high-priority research and extension initiative, and for other purposes. 1. Short title This Act may be cited as the Spotted Lanternfly Research and Development Act 2. Including spotted lanternfly control research and development as a high-priority research and extension initiative Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(d) (21) Spotted lanternfly control Research and extension grants may be made under this section for the purposes of developing and disseminating research-based tools and treatments to combat the Spotted Lanternfly (Lycorma delicatula). . 3. Reauthorization of high-priority research and extension initiatives Section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925 2023 2028

Spotted Lanternfly Research and Development Act

Credit Card Competition Act of 2023 This bill addresses network access and competition in electronic credit transactions. The Board of Governors of the Federal Reserve System must prohibit certain credit card issuers with assets of over $100 billion from restricting the number of networks on which electronic credit card transactions may be processed. These transactions must be able to be processed on at least two networks and must not be restricted to networks (1) owned by or affiliated with the issuer, (2) designated as a national security risk, or (3) that have the largest market share of credit cards issued. Additionally, credit card issuers are prohibited from imposing certain limitations on the routing of electronic credit transactions, such as through penalties for failure to meet a specified threshold of transactions on a particular payment card network. The board must also designate payment card networks that pose a security risk to the United States or are owned, operated, or sponsored by a foreign state entity.

118 S1838 IS: Credit Card Competition Act of 2023 U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1838 IN THE SENATE OF THE UNITED STATES June 7, 2023 Mr. Durbin Mr. Marshall Mr. Welch Mr. Vance Committee on Banking, Housing, and Urban Affairs A BILL To amend the Electronic Fund Transfer Act to require the Board of Governors of the Federal Reserve system to prescribe regulations relating to network competition in credit card transactions, and for other purposes. 1. Short title This Act may be cited as the Credit Card Competition Act of 2023 2. Competition in credit card transactions (a) In general Section 921 of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–2 (1) in subsection (b)— (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (B) by inserting after paragraph (1) the following: (2) Competition in credit card transactions (A) No exclusive network (i) In general Not later than 1 year after the date of enactment of the Credit Card Competition Act of 2023 (I) 1 such network; (II) 2 or more such networks, if— (aa) each such network is owned, controlled, or otherwise operated by— (AA) affiliated persons; or (BB) networks affiliated with such issuer; or (bb) any such network is identified on the list established and updated under subparagraph (D); or (III) subject to clause (ii), the 2 such networks that hold the 2 largest market shares with respect to the number of credit cards issued in the United States by licensed members of such networks (and enabled to be processed through such networks), as determined by the Board on the date on which the Board prescribes the regulations. (ii) Determinations by Board (I) In general The Board, not later than 3 years after the date on which the regulations prescribed under clause (i) take effect, and not less frequently than once every 3 years thereafter, shall determine whether the 2 networks identified under clause (i)(III) have changed, as compared with the most recent such determination by the Board. (II) Effect of determination If the Board, under subclause (I), determines that the 2 networks described in clause (i)(III) have changed (as compared with the most recent such determination by the Board), clause (i)(III) shall no longer have any force or effect. (B) No routing restrictions Not later than 1 year after the date of enactment of the Credit Card Competition Act of 2023 (i) directly or through any agent, processor, or licensed member of the network, by contract, requirement, condition, penalty, or otherwise— (I) inhibit the ability of any person who accepts credit cards for payments to direct the routing of electronic credit transactions for processing over any payment card network that— (aa) may process such transactions; and (bb) is not on the list established and updated by the Board under subparagraph (D); (II) require any person who accepts credit cards for payments to exclusively use, for transactions associated with a particular credit card, an authentication, tokenization, or other security technology that cannot be used by all of the payment card networks that may process electronic credit transactions for that particular credit card; or (III) inhibit the ability of another payment card network to handle or process electronic credit transactions using an authentication, tokenization, or other security technology for the processing of those electronic credit transactions; or (ii) impose any penalty or disadvantage, financial or otherwise, on any person for— (I) choosing to direct the routing of an electronic credit transaction over any payment card network on which the electronic credit transaction may be processed; or (II) failing to ensure that a certain number, or aggregate dollar amount, of electronic credit transactions are handled by a particular payment card network. (C) Applicability The regulations prescribed under subparagraphs (A) and (B) shall not apply to a credit card issued in a 3-party payment system model. (D) Designation of national security risks (i) In general Not later than 1 year after the date of enactment of the Credit Card Competition Act of 2023 (I) the processing of electronic credit transactions by which is determined by the Board to pose a risk to the national security of the United States; or (II) that is owned, operated, or sponsored by a foreign state entity. (ii) Updating of list Not less frequently than once every 2 years after the date on which the Board establishes the public list required under clause (i), the Board, in consultation with the Secretary of the Treasury, shall update that list. (E) Definitions In this paragraph— (i) the terms card issuer creditor 15 U.S.C. 1602 (ii) the term covered card issuer (iii) the term credit card issued in a 3-party payment system model (I) the payment card network with respect to the credit card; or (II) under common ownership with the payment card network with respect to the credit card; (iv) the term electronic credit transaction (I) means a transaction in which a person uses a credit card; and (II) includes a transaction in which a person does not physically present a credit card for payment, including a transaction involving the entry of credit card information onto, or use of credit card information in conjunction with, a website interface or a mobile telephone application; and (v) the term licensed member (I) a creditor or card issuer that is authorized to issue credit cards bearing any logo of the payment card network; and (II) any person, including any financial institution and any person that may be referred to as an acquirer (aa) screen and accept any person into any program under which that person may accept, for payment for goods or services, a credit card bearing any logo of the payment card network; (bb) process transactions on behalf of any person who accepts credit cards for payments; and (cc) complete financial settlement of any transaction on behalf of a person who accepts credit cards for payments. ; and (2) in subsection (d)(1), by inserting , except that the Bureau shall not have authority to enforce the requirements of this section or any regulations prescribed by the Board under this section section 918 (b) Effective date Each set of regulations prescribed by the Board of Governors of the Federal Reserve System under paragraph (2) of section 921(b) of the Electronic Fund Transfer Act ( 15 U.S.C. 1693o–2(b)

Credit Card Competition Act of 2023

LGBTQI+ Data Inclusion Act This bill addresses federal data collection of voluntary, self-disclosed information on sexual orientation, gender identity, and variations in sex characteristics. Specifically, the bill requires federal agencies that collect information through a survey for statistical purposes that includes demographic data (where subjects self-report information or a proxy provides information about the subject or responds for all persons in a household) to review existing data sets to determine which data sets do not include information about sexual orientation, gender identity, and variations in sex characteristics. Such agencies must assess needed changes in survey methods related to asking questions on such matters. Agencies that publish reports relying on survey demographic data must include information on sexual orientation, gender identity, and variations in sex characteristics. Agencies may waive this publication requirement on a case-by-case basis if the confidentiality of the information cannot be maintained or if adding such information to the survey would impair the agency's ability to preserve the utility, accuracy, or objectivity of the survey while also generating relevant evidence about the LGBTQI+ community. The Government Accountability Office must report to Congress on the implementation of this bill's requirements by agencies.

118 S1839 IS: LGBTQI+ Data Inclusion Act U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1839 IN THE SENATE OF THE UNITED STATES June 7, 2023 Ms. Baldwin Mr. Merkley Mr. Booker Ms. Warren Mr. Blumenthal Mr. Padilla Mr. Fetterman Mr. Murphy Mr. Durbin Mrs. Murray Mr. Markey Mr. Whitehouse Mrs. Feinstein Mr. Brown Mr. Menendez Mr. Cardin Committee on Homeland Security and Governmental Affairs A BILL To improve Federal population surveys by requiring the collection of voluntary, self-disclosed information on sexual orientation, gender identity, and variations in sex characteristics in certain surveys, and for other purposes. 1. Short title This Act may be cited as the LGBTQI+ Data Inclusion Act 2. Findings The Congress finds the following: (1) In its 2023 Federal Evidence Agenda on LGBTQI+ Equity, the Subcommittee on Sexual Orientation, Gender Identity, and Variations in Sex Characteristics (in this section referred to as SOGI (A) SOGI data collection can and should become part of standard demographic data collection throughout Federal agencies; and (B) the collection of quality data on LGBTQI+ populations is essential for evidence-based policymaking and programmatic decision making. (2) The National Academies on Sciences, Engineering, and Medicine (in this section referred to as NASEM (3) Comprehensive statistics are needed to inform public policy and Federal programs. (4) The availability of data also has a critical role in ensuring that any disparities in areas like health outcomes, housing, and employment can be addressed. (5) As of the March release of the NASEM report, limited Federal surveys collect data on sexual orientation and gender, with none currently measuring intersex populations. (6) The integrity of the Federal statistical system relies on the ability of agencies to determine the content of their statistical surveys based on considerations of relevance, timeliness, accuracy, objectivity, and ability to maintain confidentiality. 3. Requirement to collect data on sexual orientation, gender identity, and variations in sex characteristics (a) Definitions In this section: (1) Agency The term agency (2) Covered survey The term covered survey (A) a subject self-reports information; or (B) a knowledgeable proxy (including a proxy of a deceased individual, if applicable) provides information about the subject or responds for all individuals in a household. (3) Demographic data The term demographic data (4) Gender identity The term gender identity (5) Sexual orientation The term sexual orientation (6) Survey The term survey (A) means a data collection activity involving a questionnaire for a sample of a population; and (B) includes the decennial census. (7) Variations in sex characteristics The term variations in sex characteristics (A) means a physical trait present at birth or naturally occurring at a later time, including genitals, gonads, hormone function, and chromosome patterns, that differs from normative expectations for male or female bodies regarding the development, appearance, or function of sex-related characteristics; and (B) is sometimes referred to as intersex traits. (b) Survey requirement Not later than 360 days after the date of enactment of this Act, the head of any agency that collects information through a covered survey for statistical purposes shall establish data standards that require, with regard to the survey, the following: (1) Review The review of covered surveys to determine in which surveys information about sexual orientation, gender identity, and variations in sex characteristics is not included. (2) Methods An identification of appropriate methods to include questions on sexual orientation, gender identity, and variations in sex characteristics in covered surveys that facilitate categorization and voluntary participation and preserve privacy and confidentiality, including protocols for anonymizing data collected and destroying personally identifiable information at the appropriate time and not later than 3 years after the date on which the information is collected. (3) Data collection The use of the appropriate methods identified in paragraph (2) to gather data on sexual orientation, gender identity, and variations in sex characteristics for any survey identified in paragraph (1). (4) Assessment The implementation of a process to routinely assess needed changes in covered survey methods related to asking questions on sexual orientation, gender identity, and variations in sex characteristics. (c) Data reports; waiver (1) Data reports Not later than 3 years after the date of enactment of this Act, any report published by an agency that relies on covered survey demographic data shall include information on sexual orientation, gender identity, and variations in sex characteristics. (2) Waiver The statistical official (as described in section 314 of title 5, United States Code) of each agency, or the head of the agency, for any agency that does not have a statistical official, may waive the requirement under paragraph (1), on a case-by-case basis, if— (A) the laws, policies, and standards described in subsection (d) cannot be met; or (B) adding such information to the survey would impair the ability of the agency to preserve the utility, accuracy, or objectivity of the survey while also generating relevant evidence about the LGBTQI+ community. (d) Confidentiality Any information collected relating to the sexual orientation, gender identity, or variations in sex characteristics of a covered survey participant shall be maintained in accordance with applicable confidentiality and privacy laws, policies, and standards. (e) Construction Nothing in this Act shall be construed to require an individual to disclose their sexual orientation, gender identity, or variations in sex characteristics to an agency. (f) 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 implementation of the requirements of this Act by agencies, including how the implementation of those requirements by agencies affected the provision of services to persons according to the gender identity, sexual orientation, and variations in sex characteristics of the persons. (g) Rule of construction Nothing in this section shall be construed to permit the use of information collected under this section in a manner that— (1) would adversely affect any individual; or (2) is inconsistent with disclosure limitations established in any other law.

LGBTQI+ Data Inclusion Act

Regulations from the Executive in Need of Scrutiny Act of 2023 This bill revises provisions relating to congressional review of agency rulemaking. Specifically, the bill establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves the rule. A major rule is a rule that has resulted in or is likely to result in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. The bill generally preserves the current congressional review process for a nonmajor rule.

118 S184 PCS: Regulations from the Executive in Need of Scrutiny 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 Calendar No. 9 118th CONGRESS 1st Session S. 184 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Paul Ms. Lummis Mr. Lee Mr. Johnson Mr. Sullivan Mr. Cramer Mr. Grassley Mr. Cruz Mr. Risch Mr. Scott of Florida Mr. Crapo Mr. Hoeven Mr. Barrasso Ms. Ernst Mr. Daines Mr. Marshall Mr. Young Mrs. Hyde-Smith Mr. Rounds Mr. Braun Mrs. Blackburn Mr. Lankford February 1, 2023 Read the second time and placed on the calendar A BILL To amend chapter 8 1. Short title This Act may be cited as the Regulations from the Executive in Need of Scrutiny Act of 2023 2. Purpose The purpose of this Act is to increase accountability for and transparency in the Federal regulatory process. Section 1 of article I of the United States Constitution grants all legislative powers to Congress. Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes. By requiring a vote in Congress, the REINS Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the American people for the laws imposed upon them. 3. Congressional review of agency rulemaking Chapter 8 8 Congressional Review of Agency Rulemaking Sec. 801. Congressional review. 802. Congressional approval procedure for major rules. 803. Congressional disapproval procedure for nonmajor rules. 804. Definitions. 805. Judicial review. 806. Exemption for monetary policy. 807. Effective date of certain rules. 801. Congressional review (a) (1) (A) Before a rule may take effect, the Federal agency promulgating such rule shall publish in the Federal Register a list of information on which the rule is based, including data, scientific and economic studies, and cost-benefit analyses, and identify how the public can access such information online, and shall submit to each House of the Congress and to the Comptroller General a report containing— (i) a copy of the rule; (ii) a concise general statement relating to the rule; (iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2); (iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and (v) the proposed effective date of the rule. (B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress— (i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs; (ii) the agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of this title; (iii) the agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and (iv) any other relevant information or requirements under any other Act and any relevant Executive orders. (C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (2) (A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity. (B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A). (3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later. (4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1). (5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate. (b) (1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802. (2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in subsection (a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect. (c) (1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. (2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of criminal laws; (C) necessary for national security; or (D) issued pursuant to any statute implementing an international trade agreement. (3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802. (d) (1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring— (A) in the case of the Senate, 60 session days; or (B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress. (2) (A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though— (i) such rule were published in the Federal Register on— (I) in the case of the Senate, the 15th session day; or (II) in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and (ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date. (B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect. (3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section). 802. Congressional approval procedure for major rules (a) (1) For purposes of this section, the term joint resolution (A) bears no preamble; (B) bears the following title (with blanks filled as appropriate): Approving the rule submitted by ___ relating to ___. (C) includes after its resolving clause only the following (with blanks filled as appropriate): That Congress approves the rule submitted by ___ relating to ___. (D) is introduced pursuant to paragraph (2). (2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)— (A) in the case of the House of Representatives, within 3 legislative days; and (B) in the case of the Senate, within 3 session days. (3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding. (b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued. (c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. (d) (1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day. (f) (1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then— (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. (2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. (g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day. (h) This section and section 803 are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. 803. Congressional disapproval procedure for nonmajor rules (a) For purposes of this section, the term joint resolution That Congress disapproves the nonmajor rule submitted by the ___ relating to ___ , and such rule shall have no force or effect. (b) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction. (c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. (d) (1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the Senate, the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule— (1) after the expiration of the 60 session days beginning with the applicable submission or publication date; or (2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: (1) The joint resolution of the other House shall not be referred to a committee. (2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution— (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of the other House. 804. Definitions For purposes of this chapter: (1) The term Federal agency (2) The term major rule (A) an annual effect on the economy of $100 million or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. (3) The term nonmajor rule (4) The term rule (A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; (B) any rule relating to agency management or personnel; or (C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties. (5) The term submission or publication date (A) in the case of a major rule, the date on which the Congress receives the report submitted under section 801(a)(1); and (B) in the case of a nonmajor rule, the later of— (i) the date on which the Congress receives the report submitted under section 801(a)(1); and (ii) the date on which the nonmajor rule is published in the Federal Register, if so published. 805. Judicial review (a) No determination, finding, action, or omission under this chapter shall be subject to judicial review. (b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect. (c) The enactment of a joint resolution of approval under section 802 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect. 806. Exemption for monetary policy Nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. 807. Effective date of certain rules Notwithstanding section 801— (1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or (2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the Federal agency promulgating the rule determines. . 4. Budgetary effects of rules subject to section 802 of title 5, United States Code Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 907(b)(2) (E) Budgetary effects of rules subject to section 802 of title 5, United States Code Any rule subject to the congressional approval procedure set forth in section 802 of title 5, United States Code, affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with such section. . 5. Government Accountability Office study of rules (a) In general The Comptroller General of the United States shall conduct a study to determine, as of the date of the enactment of this Act— (1) how many rules (as such term is defined in section 804 of title 5, United States Code) were in effect; (2) how many major rules (as such term is defined in section 804 of title 5, United States Code) were in effect; and (3) the total estimated economic cost imposed by all such rules. (b) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains the findings of the study conducted under subsection (a). February 1, 2023 Read the second time and placed on the calendar

Regulations from the Executive in Need of Scrutiny Act of 2023

Animal Drug and Animal Generic Drug User Fee Amendments of 2023 This bill reauthorizes the Food and Drug Administration (FDA) to collect fees for brand-name and generic animal drug applications through FY2028. It also makes related updates to fee calculations and FDA reporting requirements. The bill also (1) provides for a specific fee for requests to establish generic investigational new animal drug files and requires other application fees to be adjusted accordingly; (2) authorizes the FDA to remove species from the definition of major species (currently horses, dogs, cats, cattle, pigs, chickens, and turkeys); and (3) provides statutory authority for the FDA to report on its progress supporting antimicrobial stewardship in veterinary settings (i.e., supporting responsible use of antimicrobial drugs for animals to slow the development of drug-resistant bacteria). Animal drugs are drugs that are intended for animals other than humans (e.g., pets and livestock). Animal drugs must be approved by the FDA before they may be offered on the commercial market. The FDA is authorized to collect fees for animal drug applications in order to support its regulatory activities; this authority currently expires at the end of FY2023.

115 S1844 IS: Animal Drug and Animal Generic Drug User Fee Amendments of 2023 U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1844 IN THE SENATE OF THE UNITED STATES June 7, 2023 Ms. Baldwin Mr. Mullin Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to reauthorize user fee programs relating to new animal drugs and generic new animal drugs. 1. Short title This Act may be cited as the Animal Drug and Animal Generic Drug User Fee Amendments of 2023 2. Table of contents The table of contents for this Act is the following: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Fees Relating to Animal Drugs Sec. 101. Short title; finding. Sec. 102. Definitions. Sec. 103. Authority to assess and use animal drug fees. Sec. 104. Reauthorization; reporting requirements. Sec. 105. Savings clause. Sec. 106. Effective date. Sec. 107. Sunset dates. TITLE II—Fees Relating to Generic Animal Drugs Sec. 201. Short title; finding. Sec. 202. Authority to assess and use generic new animal drug fees. Sec. 203. Reauthorization; reporting requirements. Sec. 204. Savings clause. Sec. 205. Effective date. Sec. 206. Sunset dates. TITLE III—Supporting Animal and Human Health Sec. 301. Reporting requirements. Sec. 302. Definition of major species. Sec. 303. Antimicrobial resistance. I Fees Relating to Animal Drugs 101. Short title; finding (a) Short title This title may be cited as the Animal Drug User Fee Amendments of 2023 (b) Finding Congress finds that the fees authorized by the amendments made in this title will be dedicated toward expediting the animal drug development process and the review of new and supplemental animal drug applications and investigational animal drug submissions as set forth in the goals identified for purposes of part 4 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–11 et seq. 102. Definitions Section 739 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–11 (1) in paragraph (3), by striking national drug code National Drug Code (2) by amending paragraph (8)(I) to read as follows: (I) The activities necessary for implementation of the United States and European Union Mutual Recognition Agreement for Pharmaceutical Good Manufacturing Practice Inspections, and the United States and United Kingdom Mutual Recognition Agreement Sectoral Annex for Pharmaceutical Good Manufacturing Practices, and other mutual recognition agreements, with respect to animal drug products subject to review, including implementation activities prior to and following product approval. . 103. Authority to assess and use animal drug fees (a) In general Section 740(a)(1)(A)(ii) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–12(a)(1)(A)(ii) (1) in subclause (I), by striking and (2) in subclause (II), by striking the period at the end and inserting ; and (3) by adding at the end the following: (III) an application for conditional approval under section 571 of a new animal drug for which an animal drug application submitted under section 512(b)(1) has been previously approved under section 512(d)(1) for another intended use. . (b) Fee revenue amounts Section 740(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–12(b)(1) (1) In general Subject to subsections (c), (d), (f), and (g), for each of fiscal years 2024 through 2028, the fees required under subsection (a) shall be established to generate a total revenue amount of $33,500,000. . (c) Annual fee setting; adjustments (1) Annual fee setting Section 740(c)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–12(c)(1) (1) Annual fee setting Not later than 60 days before the start of each fiscal year beginning after September 30, 2023, the Secretary shall— (A) establish for that fiscal year animal drug application fees, supplemental animal drug application fees, animal drug sponsor fees, animal drug establishment fees, and animal drug product fees based on the revenue amounts established under subsection (b) and the adjustments provided under this subsection; and (B) publish such fee revenue amounts and fees in the Federal Register. . (2) Inflation adjustment Section 740(c)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–12(c)(2) (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking 2020 2025 (ii) in clause (iii), by striking Baltimore Arlington-Alexandria (B) in subparagraph (B), by striking 2020 2025 (3) Workload adjustments Section 740(c)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–12(c)(3) (A) in subparagraph (A)— (i) in the matter preceding clause (i)— (I) by striking 2020 2025 (II) by striking subparagraphs (B) and (C) subparagraph (B) (ii) in clause (i) by striking and (iii) by striking clause (ii) and inserting the following: (ii) such adjustment shall be made for each fiscal year that the adjustment determined by the Secretary is greater than 3 percent, except for the first fiscal year that the adjustment is greater than 3 percent; and (iii) the Secretary shall publish in the Federal Register notice under paragraph (1) the amount of such adjustment and the supporting methodologies. ; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). (4) Final year adjustment Section 740(c)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–12(c)(4) (4) (A) In general For fiscal year 2025 and each subsequent fiscal year, after the fee revenue amount established under subsection (b) is adjusted in accordance with paragraphs (2) and (3), the Secretary shall— (i) increase the fee revenue amount for such fiscal year, if necessary to provide an operating reserve of not less than 12 weeks; or (ii) if the Secretary has an operating reserve in excess of the number of weeks specified in subparagraph (C) for that fiscal year, the Secretary shall decrease the fee revenue amount to provide not more than the number of weeks specified in subparagraph (C) for that fiscal year. (B) Carryover user fees For purposes of this paragraph, the operating reserve of carryover user fees for the process for the review of animal drug applications does not include carryover user fees that have not been appropriated. (C) Number of weeks of operating reserves The number of weeks of operating reserves specified in this subparagraph is— (i) 22 weeks for fiscal year 2025; (ii) 20 weeks for fiscal year 2026; (iii) 18 weeks for fiscal year 2027; and (iv) 16 weeks for fiscal year 2028. (D) Publication If an adjustment to the operating reserve is made under this paragraph, the Secretary shall publish in the Federal Register notice under paragraph (1) the rationale for the amount of the adjustment and the supporting methodologies. . (d) Exemption from fees Section 740(d)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–12(d)(4) (4) Exemption from fees Fees under paragraphs (2), (3), and (4) of subsection (a) shall not apply with respect to any person who is the named applicant or sponsor of an animal drug application, supplemental animal drug application, or investigational animal drug submission if such application or submission involves the intentional genomic alteration of an animal that is intended to produce a drug, device, or biological product subject to fees under section 736, 738, 744B, or 744H. . (e) Crediting and availability of fees (1) Authorization of appropriations Section 740(g)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–12(g)(3) 2019 through 2023 2024 through 2028 (2) Collection shortfalls Section 740(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–12(g) (A) in paragraph (3), by striking and paragraph (5) (B) by striking paragraph (5). 104. Reauthorization; reporting requirements Section 740A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–13 (1) in subsection (a), by striking 2018 2023 (2) by striking 2019 2024 (3) in subsection (d)— (A) in paragraph (1), by striking 2023 2028 (B) in paragraph (5), by striking 2023 2028 105. Savings clause Notwithstanding the amendments made by this title, part 4 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–11 et seq. 106. Effective date The amendments made by this title shall take effect on October 1, 2023, or the date of the enactment of this Act, whichever is later, except that fees under part 4 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–11 et seq. 107. Sunset dates (a) Authorization Sections 739 and 740 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 21 U.S.C. 379j–11 (b) Reporting requirements Section 740A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–13 (c) Previous sunset provision Effective October 1, 2023, subsections (a) and (b) of section 107 of the Animal Drug User Fee Amendments of 2018 ( Public Law 115–234 II Fees Relating to Generic Animal Drugs 201. Short title; finding (a) Short title This title may be cited as the Animal Generic Drug User Fee Amendments of 2023 (b) Finding Congress finds that the fees authorized by the amendments made in this title will be dedicated toward expediting the generic new animal drug development process and the review of abbreviated applications for generic new animal drugs, supplemental abbreviated applications for generic new animal drugs, and investigational submissions for generic new animal drugs as set forth in the goals identified for purposes of part 5 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21 et seq. 202. Authority to assess and use generic new animal drug fees (a) Generic Investigational New Animal Drug File Fee Section 741(a) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21(a) (4) Generic investigational new animal drug file fee (A) In general (i) New file request Each person that submits a request to establish a generic investigational new animal drug file on or after October 1, 2023, shall be assessed a fee as established under subsection (c). (ii) New submission to established file Each person that makes a submission to a generic investigational new animal drug file on or after October 1, 2023, where such file was established prior to October 1, 2023, shall be assessed a fee for the first submission on or after October 1, 2023, as established under subsection (c). (B) Payment (i) New file request The fee required by subparagraph (A)(i) shall be due upon submission of the request to establish the generic investigational new animal drug file. (ii) New submission to established file The fee required by subparagraph (A)(ii) shall be due upon the first submission to the generic investigational new animal drug file. (C) Exceptions (i) Terminating an existing generic investigational new animal drug file If a person makes a submission to the generic investigational new animal drug file to terminate that file, the person shall not be subject to a fee under subparagraph (A)(ii) for that submission. (ii) Transferring an existing generic investigational new animal drug file If a person makes a submission to the generic investigational new animal drug file to transfer that file to a different generic new animal drug sponsor, the person shall not be subject to a fee under subparagraph (A)(ii) for that submission. . (b) Fee revenue amounts Section 741(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21(b) (1) in paragraph (1)— (A) by striking 2019 through 2023 2024 through 2028 (B) by striking $18,336,340 $25,000,000 (2) in paragraph (2)— (A) in subparagraph (A)— (i) by striking 25 percent 20 percent (ii) and fees under subsection (a)(4) (relating to generic investigational new animal drug files) (B) in subparagraph (B), by striking 37.5 percent 40 percent (C) in subparagraph (C), by striking 37.5 percent 40 percent (c) Annual fee setting; adjustments (1) Annual fee setting Section 741(c)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21(c)(1) (1) Annual fee setting The Secretary shall establish, not later than 60 days before the start of each fiscal year beginning after September 30, 2023, for that fiscal year— (A) abbreviated application fees that are based on the revenue amounts established under subsection (b), the adjustments provided under this subsection, and the amount of fees anticipated to be collected under subsection (a)(4) during that fiscal year; (B) generic new animal drug sponsor fees, and generic new animal drug product fees, based on the revenue amounts established under subsection (b) and the adjustments provided under this subsection; and (C) a generic investigational new animal drug file fee of $50,000 for each request or submission described in subsection (a)(4)(A). . (2) Inflation adjustment Section 741(c)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21(c)(2) (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking 2020 2025 (ii) in clause (iii), by striking Baltimore Arlington-Alexandria (B) in subparagraph (B), by striking 2020 2025 (3) Workload adjustment Section 741(c)(3) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21(c)(3) (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking 2020 2025 (ii) in clause (i)— (I) by striking and investigational generic new animal drug protocol submissions investigational generic new animal drug protocol submissions, requests to establish a generic investigational new animal drug file, and generic investigational new animal drug meeting requests (II) by striking ; and (iii) by redesignating clause (ii) as clause (iii); and (iv) by inserting after clause (i) the following: (ii) if the workload adjustment calculated by the Secretary under clause (i) exceeds 25 percent, the Secretary shall use 25 percent for the adjustment; and ; and (B) in subparagraph (B), by striking 2021 through 2023 2026 through 2028 (4) Final year adjustment Section 741(c)(4) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21(c)(4) (A) by striking 2023 2028 (B) by striking 2024 2029 (d) Fee waiver or reduction; exemption from fees Subsection (d) of section 741 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21 (d) Fee waiver or reduction The Secretary shall grant a waiver from, or a reduction of, one or more fees assessed under subsection (a) where the Secretary finds that the generic new animal drug is intended solely to provide for a minor use or minor species indication. . (e) Effect of failure To pay fees Section 741(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21(e) The Secretary may discontinue A request to establish a generic investigational new animal drug file that is submitted by a person subject to fees under subsection (a) shall be considered incomplete and shall not be accepted for action by the Secretary until all fees owed by such person have been paid. The Secretary may discontinue (f) Assessment of fees Section 741(f)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21(f)(2) sponsors, and generic new animal drug products at any time products, generic new animal drug sponsors, and generic investigational new animal drug files at any time (g) Crediting and availability of fees Section 741(g) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21(g) (1) in paragraph (3), by striking 2019 through 2023 2024 through 2028 (2) by striking the second paragraph (4) (relating to Offset), as added by section 202 of the Animal Generic Drug User Fee Amendments of 2013 ( Public Law 113–14 (3) by adding at the end the following: (5) Recovery of collection shortfalls (A) for fiscal year 2026, by the amount, if any, by which the amount collected under this section and appropriated for fiscal year 2024 falls below the amount of fees authorized for fiscal year 2024 under paragraph (3); (B) for fiscal year 2027, by the amount, if any, by which the amount collected under this section and appropriated for fiscal year 2025 falls below the amount of fees authorized for fiscal year 2025 under paragraph (3); and (C) for fiscal year 2028, by the amount, if any, by which the amount collected under this section and appropriated for fiscal years 2026 and 2027 (including estimated collections for fiscal year 2027) falls below the amount of fees authorized for such fiscal years under paragraph (3). . (h) Definitions Section 741(k) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21(k) (1) by redesignating paragraphs (8), (9), (10), and (11) as paragraphs (9), (10), (11), and (13), respectively; (2) by inserting after paragraph (7) the following: (8) Generic investigational new animal drug meeting request The term generic investigational new animal drug meeting request ; (3) in paragraph (11) (as so redesignated), by adding at the end the following: (I) The activities necessary for exploration and implementation of the United States and European Union Mutual Recognition Agreement for Pharmaceutical Good Manufacturing Practice Inspections, and the United States and United Kingdom Mutual Recognition Agreement Sectoral Annex for Pharmaceutical Good Manufacturing Practices, and other mutual recognition agreements ; and (4) by inserting after paragraph (11) (as so redesignated) the following: (12) Request to establish a generic investigational new animal drug file The term request to establish a generic investigational new animal drug file . 203. Reauthorization; reporting requirements Section 742 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–22 (1) in subsection (a), by striking 2018 2023 (2) by striking 2019 2024 (3) in subsection (d), by striking 2023 2028 204. Savings clause Notwithstanding the amendments made by this title, part 5 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21 et seq. 205. Effective date The amendments made by this title shall take effect on October 1, 2023, or the date of the enactment of this Act, whichever is later, except that fees under part 5 of subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21 et seq. 206. Sunset dates (a) Authorization Section 741 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–21 (b) Reporting requirements Section 742 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–22 (c) Previous sunset provision Effective October 1, 2023, subsections (a) and (b) of section 206 of the Animal Generic Drug User Fee Amendments of 2018 ( Public Law 115–234 III Supporting Animal and Human Health 301. Reporting requirements Section 740A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379j–13 (1) in subsection (a)— (A) by striking Beginning with (1) In general Beginning with ; and (B) by adding at the end the following: (2) Contents The report under paragraph (1) shall include the following: (A) Data, analysis and discussion of the changes in the number of individuals hired and funded by fees collected pursuant to section 740, and data, analysis, and discussion of the number of full-time equivalents in the animal drug review program, including a breakdown by funding from fees collected pursuant to section 740 versus budget authority, and by each office within the Center for Veterinary Medicine, the Office of Regulatory Affairs, and the Office of the Commissioner. (B) Data, analysis, and discussion of the changes in the fee revenue amounts and costs for the process for the review of animal drug applications, including identifying— (i) the drivers of such changes; and (ii) changes in the total cost per full-time equivalent in the animal drug review program. (C) Data, analysis, and discussion of changes in the average full-time equivalent hours required to complete review of each type of animal drug application. (D) For fiscal years 2024 and 2025 ; and (2) in subsection (d)— (A) in paragraph (5), by inserting a comma after paragraph (4) (B) by redesignating paragraph (6) as paragraph (7); (C) by inserting after paragraph (5) the following: (6) Updates to Congress The Secretary, in consultation with regulated industry, shall provide regular updates on negotiations on the reauthorization of this part to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. ; and (D) in paragraph (7) (as so redesignated)— (i) in subparagraph (A)— (I) by striking Before presenting the recommendations developed under paragraphs (1) through (5) to Congress, the Secretary The Secretary (II) by inserting before the period at the end the following: , not later than 30 days after each such negotiation meeting (ii) in subparagraph (B), by inserting , in sufficient detail, shall summarize 302. Definition of major species Section 201(nn) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(nn) , or remove species from, add species to 303. Antimicrobial resistance (a) Report on Antimicrobial Stewardship Not later than December 31, 2023, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report describing— (1) activities conducted by the Center for Veterinary Medicine of the Food and Drug Administration (referred to in this section as the Center (2) with respect to antimicrobial stewardship in veterinary settings— (A) the goals of the Center regarding supporting antimicrobial stewardship in veterinary settings; (B) activities the Center plans to execute during the period of fiscal years 2024 through 2028 to support such goals, including targeted completion dates for such activities; and (C) metrics the Center plans to use to evaluate progress toward its goals regarding supporting antimicrobial stewardship in veterinary settings. (b) Annual progress reports Not later than 120 days after the end of each fiscal year during which fees are collected under section 740, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that includes— (1) a description of activities conducted by the Center in the prior fiscal year to support antimicrobial stewardship in veterinary settings, including progress made toward goals and activities specified in subsection (a)(2); (2) in the case of an incomplete activity described in subsection (a)(2)(B) for which the target completion date has passed— (A) an explanation for why such target completion date was not met; and (B) if applicable, the updated expected completion date for such activity; (3) a description of emerging challenges related to antimicrobial stewardship in veterinary settings that impact Center activities; and (4) a description of activities undertaken to incentivize the development of new drugs for the treatment, prevention, or control of bacterial diseases in animals.

Animal Drug and Animal Generic Drug User Fee Amendments of 2023

General Aviation Airport Access Act This bill requires public use airports that have received certain federal grants or property conveyances to provide transient general aviation aircraft parking on or near the existing apron in specific circumstances. A transient general aviation aircraft is an aircraft that is not owned or operated by an air carrier and is seeking to park temporarily at an airport. Specifically, transient general aviation aircraft parking must be provided on or near the existing apron when a pilot or owner of the aircraft does not need or request fuel or use other related services from the airport or a fixed-base operator at the airport. A fixed-base operator is a business that is operating on an airport or heliport and provides aeronautical services, such as fueling, rentals, and parking. A public use airport may assess a fee on a transient general aviation aircraft for using the transient apron; the fee must be fair, reasonable, transparent, and publicly available. It must also exclude any extraneous or hidden costs. A controlled access airport or a fixed-base operator at the airport may not charge a fee for a pilot or passenger to transit between their transient general aviation aircraft parked on the transient apron and a place outside the airport's perimeter fence, whether or not the individual must pass through a building.

118 S1847 IS: General Aviation Airport Access Act U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1847 IN THE SENATE OF THE UNITED STATES June 7, 2023 Mr. Budd Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to increase access to general aviation airports, and for other purposes. 1. Short title This Act may be cited as the General Aviation Airport Access Act 2. Public airport apron access for transient general aviation aircraft (a) In general Chapter 401 40131. Apron access for transient general aviation aircraft (a) Transient apron A covered airport shall provide transient general aviation aircraft parking on or near the existing apron when the pilot or owner of that aircraft does not need or request fuel or use other related services from the covered airport or a fixed-base operator at the covered airport. (b) Transient fees A covered airport may assess a fee on a transient general aviation aircraft for using the transient apron described in subsection (a) and, if it does assess such a fee, the fee shall be fair, reasonable, transparent, publicly available (including on the website of the entity that imposes such fee), and exclude any extraneous or hidden costs. (c) Access to transient apron A controlled access airport, or a fixed-base operator at a controlled access airport, may not charge a fee for a pilot or passengers to transit between their transient general aviation aircraft parked on the transient apron described in subsection (a) and a place outside the airport’s perimeter fence, whether or not such transit requires passing through a building. (d) Definitions In this section: (1) Controlled access airport The term controlled access airport (A) is required to have an airport security program under part 1542 of title 49, Code of Federal Regulations; or (B) the airport or a fixed-base operator at the airport does not allow a pilot unescorted access to the pilot's transient general aviation aircraft that is parked on the transient apron described in subsection (a). (2) Covered airport The term covered airport (A) received a grant under section 48103 or chapter 471 at any time during the most recent 20-year period; or (B) been the recipient of a Federal property conveyance. (3) Fixed-base operator The term fixed-base operator (4) Public use airport The term public use airport (5) Transient general aviation aircraft The term transient general aviation aircraft . (b) Clerical amendment The analysis for chapter 401 section 40130 40131. Apron access for transient general aviation aircraft. .

General Aviation Airport Access Act

Debt-Free College Act of 2023 This bill establishes measures to cover the unmet financial need of students who are enrolled at certain institutions of higher education (IHEs). Unmet financial need refers to the difference between a student's cost of attendance and the student's student aid index, plus any federal, state, and local sources of grant aid. In addition, the bill makes certain Dreamer students (i.e., students who have been granted Deferred Action for Childhood Arrivals status) eligible for federal financial aid. First, the bill requires the Department of Education (ED) to award grants for state-federal partnerships with a goal of providing debt-free college for all eligible students at in-state public IHEs. Eligible student refers to an individual who (1) is enrolled or is eligible to enroll in an in-state public IHE, and (2) completes a Free Application for Federal Student Aid (FAFSA) or demonstrates eligibility for a Federal Pell Grant through institutional financial-aid eligibility forms. Next, the bill requires ED to award grants to historically Black colleges and universities and minority-serving institutions to cover the unmet financial need of enrolled students. ED must establish an office to administer grants and provide oversight. In addition, the bill makes Dreamer students who entered the United States before the age of 16 and who meet certain educational criteria eligible for federal student aid.

118 S1848 IS: Debt-Free College Act of 2023 U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1848 IN THE SENATE OF THE UNITED STATES June 7, 2023 Mr. Schatz Mr. Durbin Mr. Padilla Mr. Welch Mr. Merkley Ms. Baldwin Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes. 1. Short title This Act may be cited as the Debt-Free College Act of 2023 2. Debt-free college partnership Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. J Debt-Free College Partnership 499A–1. Purpose The purpose of this part is to establish State-Federal partnerships that will— (1) increase investment in public higher education; and (2) provide students the opportunity to attain higher education at in-State public institutions of higher education without debt ( debt-free college 499A–2. Definitions In this part: (1) Cost of attendance The term cost of attendance (2) Debt-free college commitment The term debt-free college commitment (3) Eligible student The term eligible student (A) is enrolled, or is eligible to enroll, in a public institution of higher education in the State in which the individual resides; and (B) completes a Free Application for Federal Student Aid or demonstrates eligibility for a Federal Pell Grant through institutional financial aid eligibility forms. (4) Headcount The term headcount (5) Net State operating support The term net State operating support (A) Calculation A State’s net State operating support shall, for a fiscal year, be an amount that is equal to the difference resulting from the gross amount of State funds appropriated and disbursed by the State and expended by the recipient institutions in the fiscal year for public higher education operating expenses in the State, minus— (i) such appropriations that are returned to the State; (ii) State-appropriated funds derived from Federal sources, including funds provided under this part; (iii) local government funds not appropriated for operating support for public higher education; (iv) amounts that are portions of multi-year appropriations to be distributed over multiple years that are not to be spent for the year for which the calculation is being made; (v) tuition charges remitted to the State to offset State appropriations; (vi) State funding for students in non-credit continuing or adult education courses and non-credit extension courses; (vii) sums appropriated to private nonprofit institutions of higher education, or to proprietary institutions of higher education, for capital outlay or operating expenses; and (viii) any other funds excluded under subparagraph (B). (B) Exclusions Net State operating support does not include funds for— (i) student aid programs that provide grants to students attending out-of-State institutions of higher education, proprietary institutions of higher education, and institutions of higher education not accredited by an agency or association recognized by the Secretary pursuant to section 496; (ii) capital outlays; (iii) deferred maintenance; (iv) financial aid to students awarded predominantly on the basis of merit; (v) hospitals, athletics, or other auxiliary enterprises; (vi) research and development; or (vii) any other funds that the Secretary determines shall not be included in the calculation of net State operating support for higher education for such State. (6) Net State operating support per student The term net State operating support per student (A) the net State operating support for the previous fiscal year; divided by (B) the headcount for the previous fiscal year. (7) Partnership Office The term Partnership Office (8) Public institution of higher education The term public institution of higher education (A) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who are eligible students; (B) is legally authorized within such State to provide a program of education beyond secondary education; (C) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (D) has the full faith and credit of the State; and (E) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. (9) Relevant committees of congress The term relevant committees of Congress (10) Student success program The term student success program (11) Unmet need The term unmet need 499A–3. Establishment of a State-Federal partnership grant program (a) Grants authorized The Secretary shall award grants to States to establish State-Federal partnerships with a goal of providing debt-free college for all eligible students at in-State public institutions of higher education. (b) Application A State that desires to participate in the State-Federal partnership under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (c) Amount of grants (1) In general The Secretary shall award a grant to a State that submits an application under subsection (b) for a fiscal year in an amount that is equal to State's net State operating support. (2) Ratable reduction If the amount appropriated to carry out this part for a fiscal year is insufficient to award each State the State's full grant amount pursuant to paragraph (1), the Secretary shall establish procedures for ratably reducing each State's award amount for such fiscal year. (d) Amounts not expended Any amount of a grant awarded under this part that is not expended on allowable expenditures by the end of the fiscal year for which the grant was awarded shall be applied to the following year’s grant award amount, if the State remains eligible to receive a grant under this part for such following year. If such State is not eligible to receive a grant under this part for such following year, the State shall return the unexpended balance amount to the Federal Government. 499A–4. State-Federal partnership responsibilities (a) Federal activities (1) In general The Secretary shall create an office in the Department of Education to administer the State-Federal partnerships established under this part. Such Partnership Office shall be responsible for— (A) administering grant awards; (B) monitoring compliance with partnership requirements; (C) providing technical assistance to States in applying for participation in, and implementing, a partnership; and (D) providing information to students in participating States. (2) Evaluations The Partnership Office shall develop metrics of evaluation and perform an annual evaluation of each State participating in a State-Federal partnership under this part. The evaluation shall assess the State's success in meeting the partnership’s goals, including— (A) providing debt-free college for all eligible students; (B) increasing State investment in higher education; (C) maintaining access to in-State public institutions of higher education for low-income and underserved students; (D) maintaining and improving rates of student success and academic quality; (E) maintaining or reducing the cost of public higher education and the price charged to students; and (F) investing in improving capacity, access, quality, and student achievement of in-State public institutions of higher education. (3) Annual report The Partnership Office shall submit an annual report to the relevant committees of Congress and include information gained from the annual evaluation under paragraph (2). (4) Website The Partnership Office shall create a public, consumer-oriented website with information about State-Federal partnerships established under this part, including information from the annual evaluation under paragraph (2). (b) State activities (1) In general A State that receives a grant under this part to establish a State-Federal partnership shall— (A) distribute the grant funds according to the allowable uses of funds described in section 499A–5 in a manner designed to best achieve the partnership’s goal of providing debt-free college for all eligible students at in-State public institutions of higher education; (B) maintain access at each in-State public institution of higher education for low-income and underserved students; (C) cap tuition and fees at public institutions of higher education in the State at levels as of the date of enactment of the Debt-Free College Act of 2023 (D) commit to working with in-State public institutions of higher education to reduce tuition and fees as the net State operating support increases; (E) maintain State need-based financial aid programs in effect on the date of enactment of the Debt-Free College Act of 2023 (F) maintain or increase levels of net State operating support in effect on the date of enactment of the Debt-Free College Act of 2023 (G) develop, adopt, and implement a State formula for calculating the cost of attendance at in-State public institutions of higher education; (H) develop statewide credit transfer policies to— (i) facilitate credit transfers among in-State public institutions of higher education; and (ii) provide students with clear and timely information about credit transfer policies at in-State public institutions of higher education; and (I) clearly communicate to prospective students, their families, and the general public how the State plans to implement the State-Federal partnership and how eligible students can attend a public institution of higher education in the State without debt, including early notification for students of their eligibility for financial aid under the partnership. (2) 5-year plan (A) In general In order to receive a grant under this part, a State shall provide to the Secretary a 5-year plan for achieving the goals of the State-Federal partnership. A State shall update and resubmit a plan every 5 years thereafter. (B) Plan to meet goals The 5-year plan shall detail how the State plans to meet the goal of providing debt-free college for all eligible students at in-State public institutions of higher education within 5 years and increase the State’s investment in higher education, with specific benchmarks detailed for each year. (C) Approved by the secretary The 5-year plan, and the State’s annual progress, shall be approved by the Secretary in order for the State to be eligible to receive, or continue receiving, grant funds under the State-Federal Partnership award. (D) Waiver of 5-year deadline A State may apply for a waiver from the deadline of meeting all of the State-Federal partnership’s goals within 5 years if the State— (i) provides a credible plan for making progress towards the goals; and (ii) is able to demonstrate that the State will, at a minimum, provide debt-free college within 5 years to eligible students who are Federal Pell Grant recipients under subpart 1 of part A. (3) Reforms and innovative practices After receiving a grant under this part, a State shall provide to the Secretary a description of the promising and evidence-based institutional reforms and innovative practices to improve student outcomes, including transfer and completion rates, that have been or will be adopted by each public institution of higher education in the State that will receive grant funds, such as— (A) providing comprehensive academic, career, and student support services (including mentoring, advising, case management services, and career pathway navigation), especially for low-income, first-generation, and adult students, and other students belonging to racial and other groups that are historically underrepresented in higher education; or (B) providing direct support services, or assistance in applying for such services, such as— (i) child care, transportation, and emergency financial assistance; (ii) assistance in obtaining health insurance coverage and accessing health care services, including behavioral and mental health services; (iii) assistance in obtaining affordable housing; and (iv) nutrition assistance programs or free or discounted food; and (C) helping to enroll eligible students in means-tested Federal benefit programs, or similar State, tribal, or local benefit programs, including— (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 Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (iii) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. (iv) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (v) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 (vi) benefits through the Child Care Development Fund under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9857 et seq. (4) No additional eligibility requirements A State that receives a grant under this part to establish a State-Federal partnership may not impose additional eligibility requirements on students other than those contained in this part. 499A–5. Uses of funds (a) In general (1) Need-based aid for pell recipients From amounts remaining after reserving funds in accordance with subsections (b) through (d), a State that receives a grant under this part to establish a State-Federal partnership shall disburse funds from the net State operating support and the partnership grant funds on the basis of need, as determined by the Free Application for Federal Student Aid or an institutional financial aid eligibility form, to cover the unmet need for each eligible student who receives a Federal Pell Grant under subpart 1 of part A. (2) Disbursement of remaining funds (A) In General Any funds that remain after a State disburses funds in accordance with paragraph (1) shall be used by the State to cover part or all of the unmet need for eligible students who do not receive a Federal Pell Grant under subpart 1 of part A, with priority based on student financial need, in a manner determined by the State. (B) Private aid not taken into account In disbursing funds under this paragraph, the State shall not take into account any private sources of aid or loans available to an eligible student. (b) Student success programs (1) In general A State that receives a grant under this part for a fiscal year to establish a State-Federal partnership shall use 4 percent of the grant funds for such fiscal year to establish or increase funding for student success programs. (2) Distribution From the total amount of grant funds available under paragraph (1) for a fiscal year, the State shall provide to each public institution of higher education in the State that is eligible to participate in programs under this title for such fiscal year an amount that bears the same relation to such total amount as the number of students enrolled in such institution of higher education who are eligible to receive a Federal Pell Grant bears to the number of students enrolled in all public institutions of higher education in the State who are eligible to receive a Federal Pell Grant. (3) Allowable uses An institution of higher education that receives funds under paragraph (2) shall use such funds to establish, implement, or expand a student success program, including for the following purposes: (A) Providing information to prospective and current students to assist and improve completion, including creating materials clarifying different program completion requirements and costs, holding seminars for prospective or current students on course schedules and program costs, and updating school websites to make information publically available. (B) Hiring additional counselors and advisors to focus on student completion support and training existing personnel to implement the student success program. (C) Increasing academic support programs, such as writing coaches, tutors, prerequisite skill courses, and study materials, and enhancing academic facilities for students. (D) Providing microgrants for students participating in the student success program who maintain good academic standing and progress toward on-time graduation. (4) Reporting (A) Reports from institutions An institution of higher education that receives funds under paragraph (2) shall submit to the State in which the institution is located at the end of each fiscal year a report that details the uses of funds, changes in the ratios of students to counselors, and 2-year and 4-year degree attainment rates, disaggregated by race and Federal Pell Grant recipient status. (B) Suspension If a State determines that an institution of higher education that receives funds under paragraph (2) for a fiscal year used such funds for activities that were not allowable uses under paragraph (3), the State may suspend distribution of funds to the institution for the following fiscal year and require the institution to submit proposed expenditures for approval before receiving funds again under paragraph (2). (C) Report from state A State that receives a grant under this part for a fiscal year to establish a State-Federal partnership shall submit to the Secretary at the end of each fiscal year a report that details the uses of grant funds under this subsection in public institutions of higher education in the State that are eligible to participate in programs under this title, changes in the ratio of students to counselors in such institutions in the State, and 2-year and 4-year degree attainment rates in such institutions in the State, disaggregated by race and Federal Pell Grant recipient status. (c) Higher education related activities A State that receives a grant under this part to establish a State-Federal partnership may use not more than 5 percent of the grant funds for the following higher education related activities: (1) Increasing the capacity within the public higher education system of the State, including through the following: (A) Construction of new facilities. (B) Renovation of existing facilities. (C) Hiring of faculty. (D) Student support services. (2) Increasing the enrollment of low-income and underserved students. (3) Improving student outcomes, including meeting student learning goals, increasing completion rates, and improving post-graduate job placement, in consultation with faculty and staff at in-State public institutions of higher education. (4) Providing information to prospective students and families. (5) Developing new higher education programs to meet the State’s workforce needs, in consultation with faculty and staff at in-State public institutions of higher education, employers, and other relevant stakeholders. (6) Programs and student support services at public secondary schools if those programs and services directly support an activity described in any of paragraphs (1) through (5). (7) Other activities as approved by the Secretary to improve the State’s public higher education system, particularly for low-income and underserved students. (d) Administration and other uses A State that receives a grant under this part to establish a State-Federal partnership may use not more than 1 percent of the grant funds— (1) to administer the partnership; and (2) for— (A) higher education research and data tools, such as those that link education and employment data systems; (B) forming agreements with other States participating in the partnership for reciprocal student eligibility; and (C) developing and implementing systems to provide early notification to students and families of their eligibility for financial aid. (e) Prohibition on use of funds A State that receives a grant under this part to establish a State-Federal partnership may not use grant funds for— (1) endowments; or (2) the construction of athletic or commercial venues. 499A–6. Maintaining net State operating support for higher education A State that receives a grant under this part to establish a State-Federal partnership shall maintain net State operating support for a fiscal year at a level that is not less than the level that is equal to the average of such net State operating support per full-time equivalent student for the 3 most recent consecutive State fiscal years preceding such fiscal year. 499A–7. Oversight (a) In general If a State that receives a grant under this part to establish a State-Federal partnership breaches a term of the partnership, the Partnership Office shall notify the State and provide the State an opportunity to correct the record or cure the breach within 30 days of the notification. (b) Recommendation Based on the State’s response to a notification under subsection (a), the Partnership Office shall recommend that the Secretary— (1) take no action; (2) place the State on probation; or (3) deem the State ineligible to continue to participate in the partnership. (c) Implementation (1) In general Except as provided in paragraph (2), the Secretary shall implement the recommendation of the Partnership Office under subsection (b). (2) Exception (A) In general Subject to subparagraph (B), the Secretary may choose not to implement the recommendation of the Partnership Office under subsection (b). (B) Reasons and report If the Secretary chooses not to implement the recommendation of the Partnership Office under subsection (b), the Secretary shall— (i) provide an explanation for such decision; and (ii) notify the relevant committees of Congress in a report. (d) Probation (1) In general If a State is placed on probation by the Secretary due to a breach of a term of the partnership, the State shall develop a plan to remedy the breach. (2) Withholding With respect to a State that is placed on probation by the Secretary due to a breach of a term of the partnership, the Secretary shall withhold half of the State’s partnership grant award until the breach has been remedied or the State has demonstrated credible progress towards remedying the breach. (e) Ineligibility (1) In general If a State is determined to be ineligible to continue to participate in a partnership due to a breach of a term of the partnership, the State shall not receive its partnership grant award for the subsequent year. (2) Remaining ineligible A State that is determined to be ineligible to continue to participate in a partnership due to a breach of a term of the partnership, shall remain ineligible for participation until the State has demonstrated that the State meets the partnership’s requirements. 499A–8. State withdrawal or ineligibility (a) In general If a State that receives a grant under this part to establish a State-Federal partnership intends to withdraw from the partnership or becomes ineligible to continue participation under this part, the State shall comply with the requirements of this section, including, if the State intends to withdraw, notifying the Secretary and the Partnership Office 60 days prior to the withdrawal. (b) Continued coverage (1) In general Any unexpended balance from a State-Federal partnership grant award that remains after a State notifies the Partnership Office of the State intention to withdraw from the partnership or becomes ineligible to continue participation under this part shall be placed into an escrow account at the Department and used solely to provide need-based grant aid to an eligible student who has received a Federal Pell Grant under subpart 1 of part A and who was enrolled before the State notified the Partnership Office of the State’s intention to withdraw from the partnership or the State became ineligible. (2) Coverage until students finish program (A) In general A State that withdraws from a State-Federal partnership or becomes ineligible to continue participation under this part shall continue to cover the unmet need for each eligible student who received a Federal Pell Grant under subpart 1 of part A and who was enrolled before the State notified the Partnership Office of the State's intention to withdraw from the partnership or became ineligible until each such student completes the student’s program of study at the institution or until the allotted time for completion of such program of study expires. (B) Priority In carrying out subparagraph (A), a State shall prioritize funding based on students’ financial need. (3) Communication of information A State that withdraws from a State-Federal partnership or becomes ineligible to continue participation under this part shall communicate its withdrawal or ineligibility, as appropriate, to students and families in the State and provide clear information to eligible students described in paragraph (2)(A) that the students may continue to have their cost of attendance at an in-State public institution of higher education covered. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this part— (1) $84,000,000,000 for fiscal year 2024; and (2) such sums as may be necessary for each of fiscal years 2024 through 2033. (b) Availability Funds made available under subsection (a) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated. . 3. Debt-free college grant program for HBCUs and MSIs Part F of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1067q et seq. 372. Debt-free college grant program for HBCUs and MSIs (a) Definition of eligible institution (1) In general In this section, except as provided in paragraph (2), the term eligible institution (A) a private, nonprofit 2-year or 4-year part B institution (as defined in section 322); (B) a Tribal College or University (as defined in section 316); or (C) a private, nonprofit 2-year or 4-year institution— (i) that is— (I) a Hispanic-serving institution (as defined in section 502); (II) an Alaska Native-serving institution (as defined in section 317(b)); (III) a Native Hawaiian-serving institution (as defined in section 317(b)); (IV) a Predominantly Black Institution (as defined in section 318); (V) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b)); or (VI) a Native American-serving, nontribal institution (as defined in section 319); and (ii) in which not less than 35 percent of the students enrolled at the institution are eligible to receive a Federal Pell Grant. (2) For-profit institution that converted to a nonprofit institution Notwithstanding paragraph (1), an institution of higher education is not an eligible institution if the institution was a for-profit institution of higher education that converted to a nonprofit institution of higher education and less than 25 years have passed since the date of such conversion. (b) Grant program authorized (1) In general The Secretary shall award grants to eligible institutions to enable the institutions to provide need-based financial aid to cover unmet need for students enrolled at the institutions. (2) Duration Grants awarded under this section shall be for a period of 5 years. (c) Application An eligible institution that desires 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 a plan detailing how— (1) the eligible institution will use grant funds to provide debt-free college to the students enrolled at the institution; and (2) the institution plans to meet the requirements of the grant program. (d) Awarding of grants (1) In general (A) In general A grant amount awarded to an eligible institution under this section for a year— (i) shall be in an amount equal to the amount of the institution's expenditures on student undergraduate instruction and academic support for the year; and (ii) shall not be disbursed for the year until the Partnership Office created under section 499A–4(a) reviews and approves the annual update submitted by the institution pursuant to subsection (f). (B) Ratable reduction If the amount appropriated to carry out this section for a fiscal year is insufficient to award each eligible institution the institution's full grant amount pursuant to subparagraph (A), the Secretary shall establish procedures for ratably reducing each institution's award amount for such fiscal year. (2) Waivers (A) In general Subject to subparagraph (B), if the percentage of students eligible to receive a Federal Pell Grant who are enrolled at an eligible institution that receives a grant under this section decreases to less than 35 percent after the first year of the grant award, such institution may apply to the Secretary for a waiver of the requirement that an institution to be eligible to receive a grant under this section have not less than 35 percent of the students enrolled at the institution eligible to receive a Federal Pell Grant. (B) Restrictions on waiver The Secretary shall grant a waiver under subparagraph (A)— (i) only if the decrease in percentage is— (I) small relative to the size of the student body; or (II) the result of unexpected or uncontrollable circumstances; and (ii) not more than 2 times during the 5-year grant period. (e) Use of grant funds (1) In general An eligible institution that receives a grant under this section shall use the grant funds as follows: (A) 95 percent of the grant funds shall be— (i) used to cover the unmet need for financial assistance to attend the institution of students who have not yet earned a bachelor’s degree; and (ii) disbursed according to financial need. (B) 5 percent of the grant funds shall be used for the following activities: (i) Increasing capacity through construction or renovation of facilities. (ii) Hiring faculty. (iii) Student support services. (iv) Other activities to increase enrollment of low-income and underserved students, improve student outcomes, and provide information to prospective students and families, and other activities as approved by the Secretary to improve access, affordability, or quality of the education provided by the institution. (2) Prohibition on use of funds An eligible institution that receives a grant under this section may not use grant funds for endowments or the construction of athletic or commercial venues. (f) Annual update An eligible institution that receives a grant under this section shall submit to the Secretary an annual update— (1) with any changes to the institution's expenditures on student instruction and academic support; and (2) on how the institution is fulfilling the terms of the grant. (g) Terms of the grant (1) Grantee commitment An eligible institution that receives a grant under this section shall carry out the following: (A) Cap tuition and fees at the institution at the level as of the date of enactment of the Debt-Free College Act of 2023 (B) Maintain expenditures on instruction and academic support at the institution at a level that is not less than the average of such expenditures at the institution over the period of 3 years preceding the date of enactment of the Debt-Free College Act of 2023 (C) Maintain the enrollment of low-income students, as defined by the Secretary, at the institution at a level that is not less than the level of such enrollment as of the date of enactment of the Debt-Free College Act of 2023 (D) Maintain institutional aid at a level that is not less than the average of such aid over the period of 3 years preceding the date of enactment of the Debt-Free College Act of 2023 (E) Submit to the Secretary for approval the institution’s calculation of the cost of attendance at such institution. (F) Clearly communicate to prospective students and their families the following: (i) How students can attend the institution without debt. (ii) That a debt-free college education provided pursuant to this section is conditioned upon institutional eligibility and participation under this section and may not apply for each year that the student is enrolled at the institution. (2) Breach of terms of grant (A) In general If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A–4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification. (B) Recommendation The Partnership Office created under section 499A–4(a) shall, after considering the eligible institution's response to a notification under subparagraph (A) or lack of response, make a recommendation to the Secretary that the Secretary— (i) take no action with respect to the eligible institution; (ii) place the eligible institution on probation; or (iii) revoke the eligible institution’s eligibility for the grant program under this section. (C) Probation An eligible institution that is placed on probation by the Secretary shall develop a plan to remedy the breach of the term of the grant. If the eligible institution does not remedy the breach, the Secretary may levy a fine against the institution of an amount not to exceed 1 percent of the annual grant amount. (D) Ineligibility If an eligible institution's eligibility for the grant program under this section has been revoked by the Secretary, such institution shall— (i) place into escrow any unexpended grant funds described in subsection (e)(1)(A) to be disbursed directly to students enrolled at the institution; (ii) return to the Secretary any unexpended funds described in subsection (e)(1)(B); (iii) remain ineligible to receive a grant under this section during the 3-year period after the date eligibility was revoked; and (iv) notify prospective and enrolled students at the institution and their families of such ineligibility for participation in the grant program under this section. (h) Withdrawal An eligible institution that receives a grant under this section that intends to withdraw from the grant program under this section shall— (1) notify the Partnership Office created under section 499A–4(a) not less than 60 days prior to the withdrawal; (2) place into escrow any unexpended grant funds to be disbursed directly to students enrolled at the institution; and (3) notify prospective and enrolled students at the institution and their families of such withdrawal. (i) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section— (A) $3,000,000,000 for fiscal year 2024; and (B) such sums as may be necessary for each of fiscal years 2024 through 2033. (2) Availability Funds made available under paragraph (1) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated. . 4. Title IV eligibility for DREAMer students Section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091 (1) in subsection (a)(5), by inserting , or be a Dreamer student, as defined in subsection (u) becoming a citizen or permanent resident (2) by adding at the end the following: (u) Dreamer students (1) In general In this section, the term Dreamer student (A) was younger than 16 years of age on the date on which the individual initially entered the United States; (B) has provided a list of each secondary school that the student attended in the United States; and (C) (i) has earned a high school diploma, the recognized equivalent of such diploma from a secondary school, or a high school equivalency diploma in the United States or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins; (ii) has acquired a degree from an institution of higher education or has completed not less than 2 years in a program for a baccalaureate degree or higher degree at an institution of higher education in the United States and has made satisfactory academic progress, as defined in subsection (c), during such time period; (iii) at any time was eligible for a grant of deferred action under— (I) the June 15, 2012, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children (II) the November 20, 2014, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents (iv) has served in the uniformed services, as defined in section 101 of title 10, United States Code, for not less than 4 years and, if discharged, received an honorable discharge. (2) Hardship exception The Secretary shall issue regulations that direct when the Department shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual— (A) demonstrates compelling cir­cum­stances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and (B) satisfies the requirement of paragraph (1)(C). .

Debt-Free College Act of 2023

Native American Direct Loan Improvement Act of 2023 This bill revises the Native American Direct Loan (NADL) program, which is administered by the Department of Veterans Affairs (VA). Under the NADL program, the VA makes loans directly to Native American veterans to purchase, construct, improve, or refinance their homes located on federal trust land. Specifically, the bill expands the NADL program by allowing Native American veterans to refinance other existing mortgage loans on the same property if certain conditions are met. Additionally, the bill requires the VA to conduct additional program outreach by partnering with local service providers (e.g., tribal organizations and nonprofit organizations) to conduct outreach, homebuyer education, housing counseling, and post-purchase education. The bill directs the VA to assign a sufficient number of personnel to carry out the NADL program, including construction and valuation specialists to assist with issues unique to new construction and renovations on trust land. The bill also authorizes the VA to make a loan with a 1% interest rate to a Native community development financial institution to allow the institution to relend loan amounts to qualified Native American veterans residing on federal trust land.

118 S185 IS: Native American Direct Loan Improvement 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. 185 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Rounds Mr. Tester Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve the program for direct housing loans made to Native American veterans, and for other purposes. 1. Short title This Act may be cited as the Native American Direct Loan Improvement Act of 2023 2. Improvements to program for direct housing loans made to Native American veterans by the Secretary of Veterans Affairs (a) General authorities and requirements (1) Direct housing loans to Native American veterans Section 3762(a) of title 38, United States Code, is amended to read as follows: (a) The Secretary may make a direct housing loan to a Native American veteran under this subchapter if the Secretary ensures the following: (1) That each Native American veteran to whom the Secretary makes a direct housing loan under this subchapter— (A) holds, possesses, or purchases using the proceeds of the loan a meaningful interest in a lot or dwelling (or both) that is located on trust land; and (B) will purchase, construct, or improve (as the case may be) a dwelling on the lot using the proceeds of the loan. (2) That each such Native American veteran will convey to the Secretary by an appropriate instrument the interest referred to in paragraph (1)(A) as security for a direct housing loan under this subchapter. (3) That the Secretary, including the Secretary’s employees or agents, may enter upon the trust land for the purposes of carrying out such actions as the Secretary determines are necessary, including— (A) to evaluate the advisability of the loan; (B) to monitor any purchase, construction, or improvements carried out using the proceeds of the loan; and (C) to manage any servicing or post-foreclosure activities, including acquisition, property inspections, and property management. (4) That there are established standards and procedures that apply to the foreclosure of the interest conveyed by a Native American veteran pursuant to paragraph (2), including— (A) procedures for foreclosing the interest; and (B) procedures for the resale of the lot or dwelling (or both) purchased, constructed, or improved using the proceeds of the loan. (5) That the loan is made in a responsible and prudent manner, subject to standards and procedures as are necessary for the reasonable protection of the financial interests of the United States. . (2) Memorandums of understanding, agreements, and determinations Section 3762(b) of such title is amended to read as follows: (b) (1) To carry out the purpose of subsection (a), the Secretary may— (A) enter into a memorandum of understanding with a tribal organization, other entity, or individual; (B) rely on agreements or determinations of other Federal agencies to guarantee, insure, or make loans on trust land; and (C) enter into other agreements or take such other actions as the Secretary determines necessary. (2) If the Secretary determines that the requirements under subsection (a) are not being enforced by a tribal organization, other entity, or individual that is a party to any memorandum of understanding, agreement, or determination described in paragraph (1), the Secretary may cease making new direct housing loans to Native American veterans under this subchapter within the area of the authority of the tribal organization, other entity, or individual (as the case may be). . (b) Direct loans to Native American veterans To refinance existing mortgage loans Section 3762(h) of such title is amended to read as follows: (h) The Secretary may make direct loans to Native American veterans in order to enable such veterans to refinance existing mortgage loans for any of the following purposes: (1) To refinance an existing loan made under this section, if the loan— (A) meets the requirements set forth in subparagraphs (B), (C), and (E) of paragraph (1) of section 3710(e) of this title; (B) will bear an interest rate at least one percentage point less than the interest rate borne by the loan being refinanced; and (C) complies with paragraphs (2) and (3) of section 3710(e) of this title, except that for the purposes of this subsection the reference to subsection (a)(8) of section 3710 of this title in such paragraphs (2) and (3) shall be deemed to be a reference to this subsection. (2) To refinance an existing mortgage loan not made under this section on a dwelling owned and occupied by the veteran as the veteran’s home, if all of the following requirements are met: (A) The loan will be secured by the same dwelling as was the loan being refinanced. (B) The loan will provide the veteran with a net tangible benefit. (C) The nature and condition of the property is such as to be suitable for dwelling purposes. (D) The amount of the loan does not exceed either of the following: (i) 100 percent of the reasonable value of the dwelling, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2). (ii) An amount equal to the sum of the balance of the loan being refinanced and such closing costs (including any discount points) as may be authorized by the Secretary to be included in the loan. (E) Notwithstanding subparagraph (D), if a loan is made for both the purpose of this paragraph and to make energy efficiency improvements, the loan must not exceed either of the following: (i) 100 percent of the reasonable value of the dwelling as improved for energy efficiency, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2). (ii) The amount referred to under subparagraph (D)(ii), plus the applicable amount specified under section 3710(d)(2) of this title. (F) The loan meets all other requirements the Secretary may establish under this subchapter. (G) The existing mortgage being refinanced is a first lien on the property and secured of record. (3) To refinance an existing mortgage loan to repair, alter, or improve a dwelling owned by the veteran and occupied by the veteran as the veteran’s home, if all of the following requirements are met: (A) The loan will be secured by the same dwelling as was the loan being refinanced. (B) The nature and condition of the property is such as to be suitable for dwelling purposes, and the repair, alteration, or improvement substantially protects or improves the basic livability or utility of such property. (C) The amount of the loan, including the costs of repairs, alterations, and improvements, does not exceed either of the following: (i) 100 percent of the reasonable value of the dwelling as repaired, altered, or improved, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2). (ii) An amount equal to the sum of— (I) the balance of the loan being refinanced; (II) the actual cost of repairs, alterations, or improvements; and (III) such closing costs (including any discount points) as may be authorized by the Secretary to be included in the loan. (D) The loan meets all other requirements the Secretary may establish under this subchapter. (E) The existing mortgage loan being refinanced is a first lien on the property and secured of record. . (c) Expansion of outreach program on availability of direct housing loans for Native American veterans Section 3762(i)(2) of such title is amended by adding at the end the following new subparagraph: (G) Pursuant to subsection (g)(4), assisting Native American veterans in qualifying for mortgage financing by— (i) partnering with local service providers, such as tribal organizations, tribally designated housing entities, Native community development financial institutions, and nonprofit organizations, for conducting outreach, homebuyer education, housing counseling, and post-purchase education; and (ii) providing other technical assistance as needed. (H) Attending conferences and conventions conducted by the network of Native community development financial institutions and other Native American homeownership organizations to provide information and training to Native community development financial institutions about the availability of the relending program under section 3762A of this title. . (d) Adequate personnel Section 3762 of such title is amended by adding at the end the following new subsection: (k) The Secretary shall assign a sufficient number of personnel of the Department dedicated to carrying out the authority of the Secretary under this subchapter, including construction and valuation specialists to assist with issues unique to new construction and renovations on trust land. . (e) Definitions Section 3765 of such title is amended— (1) in paragraph (1)— (A) by amending subparagraph (C) to read as follows: (C) is located in the State of Alaska within a region established under section 7(a) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(a) ; (B) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: (E) is defined by the Secretary of the Interior and recognized by the United States as land over which an Indian Tribe has governmental dominion; or (F) is on any land that the Secretary determines is provided to Native American veterans because of their status as Native Americans. ; and (2) by adding at the end the following new paragraphs: (6) The term community development financial institution 12 U.S.C. 4702 (7) The term Indian Tribe 43 U.S.C. 1601 et seq. (8) The term Native community development financial institution (A) that has been certified as a community development financial institution by the Secretary of the Treasury; (B) that is not less than 51 percent owned or controlled by Native Americans; and (C) for which not less than 51 percent of the activities of the entity serve Native Americans. (9) The term net tangible benefit (10) The term other technical assistance (11) The term tribally designated housing entity 25 U.S.C. 4103 . (f) Interest rate reduction financing loan Section 3729(b)(4)(F) of such title is amended by striking 3762(h) 3762(h)(1) (g) Regulations Section 3761 of such title is amended by adding at the end the following new subsection: (c) The Secretary shall prescribe such regulations as may be necessary to carry out this subchapter. . 3. Native community development financial institution relending program (a) In general Subchapter V of chapter 37 section 3762 3762A. Native community development financial institution relending program (a) Purpose The Secretary may make a loan to a Native community development financial institution for the purpose of allowing the institution to relend loan amounts to qualified Native American veterans, subject to the requirements of this section. (b) Standards (1) In general The Secretary shall establish standards to be used in evaluating whether to make a loan to a Native community development financial institution under this section. (2) Requirements In establishing standards under paragraph (1), the Secretary shall ensure that a Native community development financial institution— (A) is able to originate and service loans for single-family homes; (B) is able to operate the relending program in a manner consistent with the mission of the Department to serve veterans; and (C) uses loan amounts received under this section only for the purpose of relending, as described in subsection (c), to Native American veterans. (c) Relending requirements (1) In general A Native community development financial institution that receives a loan under this section shall use the loan amounts to make loans to Native American veterans residing on trust land. (2) Requirements A loan to a Native American veteran made by a Native community development financial institution under paragraph (1) shall— (A) be limited either to the purpose of purchase, construction, or improvement of a dwelling located on trust land or to the refinance of an existing mortgage loan for a dwelling on trust land, consistent with the requirements of section 3762(h) of this title; and (B) comply with such terms and conditions as the Secretary determines are necessary to protect against predatory lending, including the interest rate charged on a loan to a Native American veteran. (d) Repayment A loan made to a Native community development financial institution under this section shall— (1) be payable to the Secretary upon such terms and conditions as are prescribed in regulations pursuant to this subchapter; and (2) bear interest at a rate of one percent. (e) Oversight Subject to notice and opportunity for a hearing, whenever the Secretary finds with respect to loans made under subsection (a) or (c) that any Native community development financial institution has failed to maintain adequate loan accounting records, to demonstrate proper ability to service loans adequately, or to exercise proper credit judgment, or that such Native community development financial institution has willfully or negligently engaged in practices otherwise detrimental to the interest of veterans or of the Government, the Secretary may take such actions as the Secretary determines necessary to protect veterans or the Government, such as requiring immediate repayment of any loans made under subsection (a) and the assignment to the Secretary of loans made under subsection (c). . (b) Clerical amendment The table of sections at the beginning of chapter 37 of such title is amended by inserting after the item relating to section 3762 the following new item: 3762A. Native community development financial institution relending program. (c) Native American veteran housing loan program account Section 3763 of such title is amended by adding at the end the following new subsection: (c) Of amounts available in the Account, the Secretary may use for loans made under section 3762A of this title— (1) in fiscal year 2024, not more than $5,000,000; and (2) in any fiscal year after fiscal year 2024, an amount as determined necessary by the Secretary to meet the demand for such loans. .

Native American Direct Loan Improvement Act of 2023

Special Diabetes Program Reauthorization Act of 2023 This bill reauthorizes and funds through calendar year 2025 the Special Diabetes Program for Type I Diabetes and the Special Diabetes Program for Indians. The Special Diabetes Program for Type I Diabetes supports research on the prevention and cure of Type I diabetes, and the Special Diabetes Program for Indians supports diabetes treatment and prevention for tribal populations.

118 S1855 IS: Special Diabetes Program Reauthorization Act of 2023 U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1855 IN THE SENATE OF THE UNITED STATES June 7, 2023 Ms. Collins Mrs. Shaheen Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the Special Diabetes Program for Type 1 Diabetes and the Special Diabetes Program for Indians. 1. Short title This Act may be cited as the Special Diabetes Program Reauthorization Act of 2023 2. Extension of programs (a) Special diabetes programs for type I diabetes Section 330B(b)(2) of the Public Health Service Act ( 42 U.S.C. 254c–2(b)(2) (1) in subparagraph (C), by striking ; and (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (E) $170,000,000 for each of fiscal years 2024 and 2025, to remain available until expended; and (F) $42,849,315 for the period beginning on October 1, 2025, and ending on December 31, 2025, to remain available until expended. . (b) Special diabetes program for Indians Section 330C(c)(2) of the Public Health Service Act ( 42 U.S.C. 254c–3(c)(2) (1) in subparagraph (C), by striking ; and (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (E) $170,000,000 for each of fiscal years 2024 and 2025, to remain available until expended; and (F) $42,849,315 for the period beginning on October 1, 2025, and ending on December 31, 2025, to remain available until expended. .

Special Diabetes Program Reauthorization Act of 2023

Leveling the Playing Field 2.0 Act This bill addresses unfair trade practices by making various changes to U.S. antidumping and countervailing duty law. Antidumping provides relief to U.S industries and workers that are materially injured or threatened with injury due to imports of like products sold in the U.S. market at less than fair value, while countervailing duty provides such relief from imports of products subsidized by a foreign government or public entity. Specifically, the bill establishes a process for successive antidumping and countervailing duty investigations. Successive investigations may be concurrent (an ongoing investigation of the same product) or recently completed (not more than two years before the date of the initiation of the successive investigation). Further, the bill establishes a time line for the Department of Commerce to issue determinations in successive investigations. Among other provisions, the bill authorizes Commerce to apply countervailing duty law to subsidies provided by a foreign government or public entity to a company operating in a third country, use another method for calculating the cost of production in specific circumstances, and require importers to provide a certification that the imported merchandise is not subject to an antidumping or countervailing duty order. Additionally, the bill statutorily establishes procedures for Commerce to conduct circumvention inquiries, including by specifying the deadlines for preliminary and final determinations. The bill also provides statutory authority for Commerce to investigate currency undervaluation as a countervailable subsidy.

118 S1856 IS: Leveling the Playing Field 2.0 Act U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1856 IN THE SENATE OF THE UNITED STATES June 7, 2023 Mr. Brown Mr. Young Ms. Klobuchar Mr. Braun Mr. Manchin Mr. Tuberville Ms. Baldwin Mr. Cotton Mr. Casey Mrs. Capito Mr. Fetterman Mr. Vance Ms. Smith Committee on Finance A BILL To amend the Tariff Act of 1930 to improve the administration of antidumping and countervailing duty laws, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Leveling the Playing Field 2.0 Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Successive investigations Sec. 101. Establishment of special rules for determination of material injury in the case of successive antidumping and countervailing duty investigations. Sec. 102. Initiation of successive antidumping and countervailing duty investigations. Sec. 103. Issuance of determinations with respect to successive antidumping and countervailing duty investigations. TITLE II—Responding to market distortions Sec. 201. Addressing cross-border subsidies in countervailing duty investigations. Sec. 202. Modification of definition of ordinary course of trade to specify that an insufficient quantity of foreign like products constitutes a situation outside the ordinary course of trade. Sec. 203. Modification of adjustments to export price and constructed export price with respect to duty drawback. Sec. 204. Modification of determination of normal value to account for distortions of costs that occur in foreign countries. Sec. 205. Special rules for calculation of cost of production and constructed value to address distorted costs. TITLE III—Preventing circumvention Sec. 301. Modification of requirements in circumvention inquiries. Sec. 302. Requirement of provision by importer of certification by importer or other party. Sec. 303. Clarification of authority for Department of Commerce regarding merchandise covered by antidumping and countervailing duty proceedings. Sec. 304. Asset requirements applicable to nonresident importers. TITLE IV—Countering currency undervaluation Sec. 401. Investigation or review of currency undervaluation under countervailing duty law. Sec. 402. Determination of benefit with respect to currency undervaluation. TITLE V—Preventing duty evasion Sec. 501. Limitation on protest against decisions of U.S. Customs and Border Protection of claims of evasion of antidumping and countervailing duty orders. Sec. 502. Procedures for investigating claims of evasion of safeguard actions. Sec. 503. Application of provisions relating to certain proprietary information. TITLE VI—General provisions Sec. 601. Application to Canada and Mexico. Sec. 602. Effective date. I Successive investigations 101. Establishment of special rules for determination of material injury in the case of successive antidumping and countervailing duty investigations (a) In general Section 771(7) of the Tariff Act of 1930 ( 19 U.S.C. 1677(7) (1) by redesignating subparagraphs (E) through (J) as subparagraphs (F) through (K), respectively; (2) in subparagraph (I), as redesignated by paragraph (1)— (A) by striking subparagraph (G)(ii) subparagraph (H)(ii) (B) by striking subparagraph (F) subparagraph (G) (3) by inserting after subparagraph (D) the following: (E) Special rules for successive investigations (i) In general (I) Evaluation of impact on domestic industry In evaluating the impact of imports of the merchandise on producers of domestic like products under subparagraph (C)(iii), the Commission shall— (aa) consider the condition of the domestic industry as found in a recently completed investigation; (bb) consider the effect of a concurrent investigation or recently completed investigation on trade and the financial performance of the domestic industry, including whether the imports are likely to lead to the continuation or recurrence of material injury determined by the Commission in any concurrent investigation or recently completed investigation; and (cc) include in the record any prior injury determinations by the Commission with respect to imports of the merchandise. (II) Effect of recent improvement on material injury determination For the purposes of this subparagraph, the Commission may not find that there is no material injury or threat of material injury to a domestic industry solely based on recent improvements in the industry’s performance, such as an increase in sales, market share, or profitability of domestic producers, that are related to relief granted pursuant to a concurrent investigation or recently completed investigation. (ii) Retroactive application of final determination In making any finding under section 705(b)(4)(A) or 735(b)(4)(A) in a successive investigation, the Commission shall consider that a concurrent investigation or recently completed investigation contributes to the likelihood that the remedial effect of the countervailing duty order to be issued under section 706 or the antidumping duty order to be issued under section 736 will be seriously undermined. . (b) Definitions Section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677 (37) Treatment of successive investigations For purposes of paragraph (7)(E) and sections 702(f), 732(f), and 784: (A) Concurrent investigation The term concurrent investigation (B) Recently completed investigation The term recently completed investigation (C) Successive investigation The term successive investigation . 102. Initiation of successive antidumping and countervailing duty investigations (a) Countervailing duty investigation Section 702 of the Tariff Act of 1930 ( 19 U.S.C. 1671a (f) Initiation by administering authority of successive countervailing duty investigation A successive investigation shall be initiated— (1) under subsection (a), if— (A) the requirements under that subsection are met with respect to imports of a class or kind of merchandise; and (B) imports of the same or similar class or kind of merchandise are or have been the subject of a concurrent investigation or recently completed investigation; or (2) under subsection (b), if— (A) the determinations under clauses (i) and (ii) of subsection (c)(1)(A) are affirmative with respect to imports of a class or kind of merchandise; and (B) imports of the same or similar class or kind of merchandise are or have been the subject of a concurrent investigation or recently completed investigation. . (b) Antidumping duty investigation Section 732 of the Tariff Act of 1930 ( 19 U.S.C. 1673a (f) Initiation by administering authority of successive antidumping duty investigation A successive investigation shall be initiated— (1) under subsection (a), if— (A) the requirements under that subsection are met with respect to imports of a class or kind of merchandise; and (B) imports of the same or similar class or kind of merchandise are or have been the subject of a concurrent investigation or recently completed investigation; or (2) under subsection (b), if— (A) the determinations under clauses (i) and (ii) of subsection (c)(1)(A) are affirmative with respect to imports of a class or kind of merchandise; and (B) imports of the same or similar class or kind of merchandise are or have been the subject of a concurrent investigation or recently completed investigation. . 103. Issuance of determinations with respect to successive antidumping and countervailing duty investigations (a) In general Subtitle D of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1677 et seq. 784. Determinations relating to successive investigations (a) In general Notwithstanding any other provision of this title, the administering authority— (1) with respect to a successive investigation under section 702(f)— (A) shall issue a preliminary determination under section 703(b) not later than 85 days after initiating the investigation; (B) may not postpone under section 703(c) such deadline for the issuance of a preliminary determination unless requested by the petitioner; (C) upon receipt of an allegation by the petitioner pursuant to section 703(e), shall make a determination under section 703(e) with respect to the investigation; (D) shall issue a final determination under section 705(a) not later than 75 days after issuing the preliminary determination under subparagraph (A); and (E) shall extend the date of the final determination under section 705(a) if requested by the petitioner; and (2) with respect to a successive investigation under section 732(f)— (A) shall issue a preliminary determination under section 733(b) not later than 140 days after initiating the investigation; (B) may not postpone under section 733(c) such deadline for the issuance of a preliminary determination unless requested by the petitioner; (C) upon receipt of an allegation by the petitioner pursuant to section 733(e), shall make a determination under section 733(e) with respect to the investigation; (D) shall issue a final determination under section 735(a) not later than 75 days after issuing the preliminary determination under subparagraph (A); and (E) may extend the date of the final determination under section 735(a)(2) if requested by the petitioner. . (b) Clerical amendment The table of contents for the Tariff Act of 1930 is amended by inserting after the item relating to section 783 the following: Sec. 784. Determinations relating to successive investigations. . II Responding to market distortions 201. Addressing cross-border subsidies in countervailing duty investigations (a) In general Section 701(d) of the Tariff Act of 1930 ( 19 U.S.C. 1671(d) (1) in the subsection heading, by striking Treatment of international consortia Cumulation of cross-Border subsidies (2) by striking For purposes (1) International consortia and multinational corporations For purposes ; (3) in paragraph (1), as designated by paragraph (2)— (A) by inserting after in their respective home countries, or multinational corporations that are engaged in the production of subject merchandise receive countervailable subsidies to assist, permit, or otherwise enable their production or manufacturing operations in the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States, (B) by inserting after the international consortium or multinational corporation (4) by adding at the end the following: (2) Transnational subsidies (A) In general For purposes of this subtitle, if there is a countervailable subsidy by a government of a third country or any public entity within the territory of a third country with respect to the manufacture, production, or export of a class or kind of merchandise that is produced, exported, or sold (or likely to be sold) for importation into the United States from the territory of the subject country, and the government of the subject country or any public entity within the territory of the subject country facilitates the provision of such subsidy, then the administering authority shall treat the subsidy as having been provided by the government of the subject country or a public entity within the territory of the subject country and shall cumulate all such countervailable subsidies, as well as countervailable subsidies provided directly or indirectly by the government or any public entity within the territory of the subject country. (B) Application This paragraph shall be applied in a manner consistent with the international obligations of the United States. . (b) Definitions Section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677 (1) in paragraph (5A), by inserting after subparagraph (D) the following: (E) Transnational subsidy In determining whether a transnational subsidy is a specific subsidy, in law or in fact, the administering authority shall examine the situation in the subject country based on subparagraphs (B), (C), and (D). ; (2) in paragraph (9)— (A) in subparagraph (F), by striking and (B) in subparagraph (G), by striking the period at the end and inserting , and (C) by adding at the end the following: (H) in any proceeding under subtitle A involving a transnational subsidy, the government of the third country. ; and (3) by adding at the end the following: (38) Multinational corporation The term multinational corporation . (c) Upstream subsidies Section 771A of the Tariff Act of 1930 ( 19 U.S.C. 1677–1 (d) Multinational corporations (1) In general This section shall apply to purchases of input products by multinational corporations if— (A) the multinational corporation manufactures or produces merchandise in a country that is the subject of a countervailing duty proceeding; (B) the multinational corporation purchases the input product from a cross-owned company located in a third country with respect to which the administering authority has made an affirmative determination under section 703(b)(1) or 705(a)(1) with respect to a countervailable subsidy provided— (i) for the manufacture, production, or exportation of that input product; or (ii) to that cross-owned company; and (C) in the judgment of the administering authority, the countervailing subsidy described in subparagraph (B) bestows a competitive benefit on that merchandise. (2) Timing of subsidy If a countervailable subsidy is provided to a multinational corporation or a cross-owned company that did not exist at the time the administering authority made an affirmative determination described in paragraph (1)(B), the administering authority is not precluded from examining the subsidy under paragraph (1). (3) Application This subsection shall be applied in a manner consistent with the international obligations of the United States. (4) Definitions In this subsection: (A) Cross-owned company; multinational corporation The terms cross-owned company multinational corporation (B) Upstream subsidy The term upstream subsidy . 202. Modification of definition of ordinary course of trade to specify that an insufficient quantity of foreign like products constitutes a situation outside the ordinary course of trade Section 771(15) of the Tariff Act of 1930 ( 19 U.S.C. 1677(15) (D) Situations in which the quantity of a foreign like product selected for comparison under section 771(16) is insufficient to establish a proper comparison to the export price or constructed export price. . 203. Modification of adjustments to export price and constructed export price with respect to duty drawback Section 772(c)(1)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1677a(c)(1)(B) (1) by striking any (2) by inserting after United States , but that amount shall not exceed the per unit amount of such duties contained in the weighted average cost of production 204. Modification of determination of normal value to account for distortions of costs that occur in foreign countries (a) Normal value (1) In general Section 773(b)(3) of the Tariff Act of 1930 ( 19 U.S.C. 1677b(b)(3) (A) in subparagraph (A), by striking business trade (B) in the flush text after subparagraph (C), by inserting before For purposes For purposes of subparagraph (A), if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not reasonably reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology. (2) Reflection of costs of production Section 773(e) of the Tariff Act of 1930 ( 19 U.S.C. 1677b(e) accurately reasonably (b) Modification of definition of ordinary course of trade Section 771(15) of the Tariff Act of 1930 ( 19 U.S.C. 1677(15)(C) (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving those clauses, as so redesignating, two ems to the right; (2) by striking The term (A) In general The term ; (3) in subparagraph (A), as designated by paragraph (2), in clause (iii), as redesignated by paragraph (1)— (A) by striking that the particular market situation prevents (I) prevents ; (B) in subclause (I), as designated by subparagraph (A), by striking the period at the end and inserting , relating to normal value determined under subsection (a) of section 773; or (C) by adding at the end the following: (II) distorts costs of production, relating to normal value determined under subsections (b) and (e) of section 773. ; and (4) by adding at the end the following: (B) Cost of production For purposes of making a determination under subparagraph (A)(iii)(II) with respect to subject merchandise, the administering authority shall determine that a particular market situation exists that distorts costs of production if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not reasonably reflect the cost of production in the ordinary course of trade. . (c) Definition of particular market situation Section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677 (39) Particular market situation (A) In general The term particular market situation (B) Distortion of costs of production (i) Examples of distortions of costs of production that may create a particular market situation Examples of circumstances that are likely to distort the costs of production and thus are deemed to create a particular market situation for subject merchandise for purposes of subparagraph (A) include the following circumstances: (I) An input into the production of subject merchandise is produced in such amounts that there is more supply than demand in international markets for the input. (II) A foreign government, a state-owned enterprise, or any other public body is the predominant producer or supplier of an input into the production of subject merchandise. (III) A foreign government intervenes in the market for an input into the production of subject merchandise. (IV) A foreign government limits exports of an input into the production of subject merchandise. (V) A foreign government imposes export taxes on an input into the production of subject merchandise. (VI) A foreign government exempts an importer, producer, or exporter of subject merchandise from paying duties or taxes associated with trade remedies established by the foreign government relating to an input into the production of subject merchandise. (VII) A foreign government rebates duties or taxes paid by an importer, producer, or exporter of subject merchandise associated with trade remedies established by the foreign government related to an input into the production of subject merchandise. (VIII) A foreign government provides financial assistance or support to the producer or exporter of subject merchandise, or to a producer or supplier of an input into the production of subject merchandise. (IX) A foreign government takes action that influences the production of subject merchandise or an input into the production of subject merchandise, such as domestic content and technology transfer requirements. (X) A foreign government does not enforce its property (including intellectual property), human rights, labor, or environmental protection laws and policies, or those laws and policies are otherwise shown to be ineffective with respect to either a producer or exporter of subject merchandise, or to a producer or supplier of an input into the production of subject merchandise in the subject country. (XI) A foreign government does not implement property (including intellectual property), human rights, labor, or environmental protection laws and policies. (XII) A business relationship between one or more producers of subject merchandise and suppliers of inputs to the production of subject merchandise is such that prices of the inputs are not determined in accordance with general market principles, such as through a strategic alliance or noncompetitive arrangement. (ii) Distortions caused by particular market situations need not be quantified If the administering authority determines the existence of a particular market situation under subparagraph (A) but cannot measure the distortions caused by that particular market situation on prices or costs in the exporting country, the administering authority is not required to quantify those distortions and may use any available information and methodology to address those distortions in its analysis and calculations. (iii) Particular market situations may exist in multiple countries (I) In general The same market situation, or a similar market situation, that distorts the costs of production of the subject merchandise can exist in multiple countries or markets and still be considered particular if the administering authority determines that a market situation exists that distorts costs of production for certain products or parties in the subject country. (II) No limitation There is no limitation to the number of products or parties that may be impacted by a particular market situation. (C) Other factors In finding that a particular market situation exists, or in using another calculation methodology under this paragraph, the administering authority is not required to consider— (i) the costs or prices that would otherwise exist in the ordinary course of trade in the absence of the particular market situation or any of its contributing circumstances; (ii) whether there is any difference between the particular market situation or any of its contributing circumstances in the exporting country as opposed to any other country; or (iii) the length of time that the particular market situation or any of its contributing circumstances has existed. . 205. Special rules for calculation of cost of production and constructed value to address distorted costs Section 773(f)(3) of the Tariff Act of 1930 ( 19 U.S.C. 1677b(f)(3) (1) by striking If, in the case (A) Major inputs from affiliated persons If, in the case ; and (2) by adding at the end the following: (B) Major inputs from certain unaffiliated persons (i) In general In the case of a transaction between the exporter or producer of the merchandise and any unaffiliated person described in clause (ii) involving a major input to the merchandise, the administering authority may value such major input based on the information available regarding what the amount would have been if the transaction had occurred between the exporter or producer of the merchandise and an unaffiliated person that is not described in clause (ii) if that amount is greater than the amount reflected in the records of the exporter or producer of the merchandise. (ii) Unaffiliated persons described An unaffiliated person described in this clause is— (I) any person in a nonmarket economy country; (II) any producer, exporter, or supplier of the input described in clause (i) found by the administering authority, or by any investigating authority of a third country, to be receiving a countervailable subsidy pertaining to an identical or comparable input in the subject country if there is no countervailing duty imposed on the input pursuant to a measure in effect in the exporting country based upon a finding by the investigating authority of the exporting country that the producer or supplier of the input described in clause (i) received a countervailable subsidy; (III) any producer, exporter, or supplier of the input described in clause (i) found by the administering authority, or by any investigating authority of a third country to be selling an identical or comparable input for less than fair market value in the subject country if there is no antidumping duty imposed on the input pursuant to a measure in effect in the exporting country based upon a finding by the investigating authority of the exporting country that the producer or supplier sold the input described in clause (i) for less than fair market value into the subject country; (IV) a government or public body within the territory of the exporting country or any other country; or (V) a group of governments or public bodies, or a combination thereof, that collectively account for a meaningful share of the production of the input described in clause (i). (iii) Application Subclauses (I), (II), and (III) of clause (ii) shall not apply to inputs described in clause (i) that are produced in the exporting country. . III Preventing circumvention 301. Modification of requirements in circumvention inquiries (a) In general Section 781 of the Tariff Act of 1930 ( 19 U.S.C. 1677j (f) Procedures for conducting circumvention inquiries (1) Initiation by administering authority A circumvention inquiry shall be initiated whenever the administering authority determines, from information available to it, that a formal inquiry is warranted into the question of whether the elements necessary for a determination under this section exist. (2) Initiation by inquiry request (A) In general A circumvention inquiry shall be initiated whenever an interested party files an inquiry request that alleges the elements necessary for a determination under this section, accompanied by information reasonably available to the requestor supporting those allegations. (B) Rules The administering authority shall specify requirements for the contents and service of an inquiry request under subparagraph (A). (C) Acceptance of communications The administering authority shall not accept any unsolicited oral or written communication from any person other than the interested party filing an inquiry request before the administering authority decides whether to initiate an inquiry, except for communications regarding the status of the consideration of the inquiry request. (3) Action with respect to inquiry request (A) In general Subject to subparagraph (B), not later than 45 days after the filing of an inquiry request under paragraph (2)(A), the administering authority shall— (i) initiate a circumvention inquiry; (ii) dismiss the inquiry request as inadequate and notify the requestor in writing of the reasons for the dismissal; or (iii) notify all interested parties that the inquiry request will be addressed through a determination under section 781A as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or an antidumping or countervailing duty order. (B) Extension The administering authority may extend the deadline under subparagraph (A) by a period not to exceed 15 days if an interested party has placed information on the record in response to the request for a circumvention inquiry. (4) Determinations (A) Preliminary determinations (i) In general Except as provided in clause (ii), not later than 150 days after the date on which the administering authority initiates a circumvention inquiry under paragraph (1) or (3)(A), the administering authority shall make a preliminary determination, based on the information available to it at the time of the determination, of whether there is a reasonable basis to believe or suspect that the merchandise subject to the inquiry is circumventing an existing finding of dumping or an antidumping or countervailing duty order. (ii) Extension The administering authority may extend the deadline under clause (i) by a period not to exceed 60 days. (B) Final determinations (i) In general Except as provided in clause (ii), not later than 150 days after issuing a preliminary determination under subparagraph (A) with respect to a circumvention inquiry, the administering authority shall make a final determination of whether the merchandise subject to the inquiry is circumventing an existing finding of dumping or an antidumping or countervailing duty order. (ii) Extension The administering authority may extend the deadline under clause (i) by a period not to exceed 65 days. (C) Other class or kind determinations If an inquiry request under paragraph (2)(A) is addressed through a class or kind determination under section 781A, the administering authority shall make such determination not later than 335 days after the filing of the inquiry request. (5) Rule of construction Nothing in this section shall be construed to prevent the administering authority from simultaneously initiating a circumvention inquiry under paragraph (1) or (3)(A) and issuing a preliminary determination under paragraph (4)(A). . (b) Suspension of liquidation and collection of deposits of entries subject to circumvention inquiry Section 781 of the Tariff Act of 1930 is further amended by adding at the end the following: (g) Suspension of liquidation and collection of deposits of entries subject to circumvention inquiry (1) Initiation If the administering authority initiates a circumvention inquiry under paragraph (1) or (3)(A) of subsection (f), for each unliquidated entry of merchandise subject to the circumvention inquiry that was already subject to the suspension of liquidation, the administering authority shall order— (A) the continued suspension of liquidation of such entry; and (B) the continued posting of a cash deposit, at the prevailing all-others or country-wide rate, for each such entry. (2) Preliminary determination If the administering authority issues a preliminary affirmative determination under paragraph (4)(A) of subsection (f) with respect to a circumvention inquiry initiated under paragraph (1) or (3)(A) of that subsection, the administering authority shall order— (A) the continued suspension of liquidation for each unliquidated entry of merchandise subject to the circumvention inquiry that was already subject to the suspension of liquidation; (B) the suspension of liquidation for each unliquidated entry of merchandise subject to the circumvention inquiry not yet suspended that is entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of the circumvention inquiry; (C) the suspension of liquidation for each entry of merchandise subject to the circumvention inquiry not yet suspended that is entered, or withdrawn from warehouse, for consumption before the date of publication of the notice of initiation of the circumvention inquiry if the administering authority determines, under the circumstances, that suspension under this subparagraph is warranted; and (D) the posting, or continued posting, of a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable for each entry of merchandise described in subparagraph (A), (B), or (C). (3) Final determination If the administering authority issues a final affirmative determination under paragraph (4)(B) of subjection (f) with respect to a circumvention inquiry initiated under paragraph (1) or (3)(A) of that subsection, the administering authority shall order— (A) the continued suspension of liquidation for each unliquidated entry of merchandise subject to the circumvention inquiry that was already subject to the suspension of liquidation; (B) the suspension of liquidation of each entry of merchandise subject to the circumvention inquiry that is entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of the circumvention inquiry; (C) the suspension of liquidation of each entry of merchandise subject to the circumvention inquiry that is entered, or withdrawn from warehouse, for consumption before the date of publication of the notice of initiation of circumvention inquiry if the administering authority determines, under the circumstances, that suspension under this subparagraph is warranted; and (D) the posting, or continued posting, of a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable for each entry of merchandise described in subparagraph (A), (B), or (C). (4) Rule of construction Nothing in this section shall be construed to prevent the administering authority from applying the requirements under this subsection in a class or kind determination under section 781A. (h) Application of circumvention determination (1) In general The administering authority shall consider the appropriate remedy to address circumvention and prevent evasion of an order or finding pursuant to an affirmative determination under subparagraph (A) or (B) of subsection (f)(4). (2) Remedies considered Remedies considered under paragraph (1) may include the following: (A) The application of the determination described in paragraph (1) on a producer-specific, exporter-specific, or importer-specific basis, or some combination thereof, and, as the administering authority determines appropriate, the implementation of a certification requirement under section 785. (B) The application of the determination described in paragraph (1) on a countrywide basis to all merchandise from a particular country, regardless of producer, exporter, or importer of that merchandise, and, as the administering authority determines appropriate, the implementation of a certification requirement under section 785. (3) Exemption for merchandise under certification If a certification requirement under section 785 is implemented under this subsection and the importer or other party to which the requirement is applied complies with that requirement, antidumping and countervailing duties under this title may not be applied to the merchandise under certification. . (c) Publication in the Federal Register Section 777(i) of the Tariff Act of 1930 ( 19 U.S.C. 1677f(i) (4) Circumvention inquiries Whenever the administering authority makes a determination under section 781 whether to initiate a circumvention inquiry or makes a preliminary or final determination under subsection (f)(4) of that section, the administering authority shall publish the facts and conclusions supporting that determination and shall publish notice of that determination in the Federal Register. . (d) Adding verification responses in circumvention inquiries Section 782(i) of the Tariff Act of 1930 ( 19 U.S.C. 1677m(i) (1) in paragraph (2), by striking and (2) in paragraph (3)(B), by striking the period at the end and inserting , and (3) by adding at the end the following: (4) a final determination in a circumvention inquiry conducted pursuant to section 781 if good cause for verification is shown. . 302. Requirement of provision by importer of certification by importer or other party (a) In general Subtitle D of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1677 et seq. 785. Requirement for certification by importer or other party (a) Requirement (1) In general For imports of merchandise into the customs territory of the United States, the administering authority may require an importer or other party— (A) to provide a certification described in paragraph (2) at the time of entry or with the entry summary; (B) to maintain that certification; or (C) to otherwise demonstrate compliance with the requirements for that certification. (2) Certification described A certification described in this paragraph is a certification by the importer of the merchandise or other party, as required by the administering authority, including a certification that— (A) the merchandise is not subject to an antidumping or countervailing duty proceeding under this title; and (B) the inputs used in production, transformation, or processing of the merchandise are not subject to an antidumping or countervailing duty under this title. (3) Available upon request A certification required by the administering authority under paragraph (1), if not already provided, shall be made available upon request to the administering authority or the Commissioner of U.S. Customs and Border Protection (in this section referred to as the Commissioner (b) Authority To suspend liquidation, collect cash deposits and assess duties (1) In general If the administering authority requires an importer or other party to provide a certification described in paragraph (2) of subsection (a) for merchandise imported into the customs territory of the United States pursuant to paragraph (1) of that subsection, and the importer or other party does not provide that certification or that certification contains any false, misleading, or fraudulent statement or representation or any material omission, the administering authority shall instruct the Commissioner— (A) to suspend liquidation of the entry; (B) to require that the importer or other party post a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable to the merchandise; and (C) to assess the appropriate rate of duty upon liquidation or reliquidation of the entry. (2) Assessment rate If no rate of duty for an entry is available at the time of assessment under paragraph (1)(C), the administering authority shall identify the applicable cash deposit rate to be applied to the entry, with the applicable duty rate to be provided as soon as the duty rate becomes available. (c) Penalties If the administering authority requires an importer or other party to provide a certification described in paragraph (2) of subsection (a) for merchandise imported into the customs territory of the United States pursuant to paragraph (1) of that subsection, and the importer or other party does not provide that certification or that certification contains any false, misleading, or fraudulent statement or representation or any material omission, the importer of the merchandise may be subject to a penalty pursuant to section 592 of this Act, section 1001 of title 18, United States Code, or any other applicable provision of law. . (b) Clerical amendment The table of contents for the Tariff Act of 1930, as amended by section 103(b), is further amended by inserting after the item relating to section 784 the following: Sec. 785. Requirement for certification by importer or other party. . 303. Clarification of authority for Department of Commerce regarding merchandise covered by antidumping and countervailing duty proceedings (a) In general Subtitle D of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1677 et seq. 781A. Determinations of merchandise covered under antidumping or countervailing duty proceeding (a) In general To determine whether merchandise imported into the United States is covered by an antidumping or countervailing duty proceeding under this title, the administering authority may use any reasonable method and is not bound by the determinations of any other Federal agency, including tariff classification and country of origin marking rulings issued by the Commissioner of U.S. Customs and Border Protection. (b) Class or kind of merchandise For purposes of this title, determinations regarding whether merchandise is the same class or kind may be made under this section or under section 781 in accordance with the criteria set forth in this section or in section 781, as the case may be. (c) Origin of merchandise To determine the origin of merchandise for purposes of an antidumping or countervailing duty proceeding under this title, the administering authority may apply any reasonable method and may consider relevant factors, including— (1) whether the processed downstream product is a different class or kind of merchandise than the upstream product; (2) the physical characteristics of the merchandise; (3) the intended end use of the downstream product; (4) the cost of production and the value added of further processing in a third country or countries; (5) the nature and sophistication of processing in a third country or countries; (6) the level of investment in a third country or countries; and (7) any other factors that the administering authority considers appropriate, including whether an essential characteristic of the merchandise, or an essential component thereof, is substantially transformed in the country of exportation. . (b) Clerical amendment The table of contents for the Tariff Act of 1930 is amended by inserting after the item relating to section 781 the following: Sec. 781A. Determinations of merchandise covered under antidumping or countervailing duty proceeding. . (c) Reviewable determinations Section 516A(a)(2)(A) of the Tariff Act of 1930 ( 19 U.S.C. 1516a(a)(2)(A) (1) in clause (i)(I), by striking (iv), (2) by amending clause (ii) to read as follows: (ii) the date of publication in the Federal Register of notice of a determination described in clause (iv) of subparagraph (B) or, if no such notice is published, the date on which the administering authority conveys a copy of such determination to an interested party who is a party to the proceeding, . 304. Asset requirements applicable to nonresident importers (a) In general Part III of title IV of the Tariff Act of 1930 ( 19 U.S.C. 1481 et seq. 484c. Asset requirements applicable to nonresident importers (a) Definitions In this section: (1) Importer; nonresident importer The terms importer nonresident importer (2) Resident importer The term resident importer (b) Requirements for nonresident importers Except as provided in subsection (c), the Commissioner of U.S. Customs and Border Protection shall— (1) require a nonresident importer that imports merchandise into the United States to maintain assets in the United States sufficient to pay all duties that may potentially be applied to the merchandise; and (2) require a bond with respect to the merchandise in an amount sufficient to ensure full liability on the part of a nonresident importer and the surety of the importer based on the amount of assets the Commissioner determines to be sufficient under subsection (c). (c) Determination of amount of assets required To Be maintained For purposes of subsection (b)(1), the Commissioner shall calculate the amount of assets sufficient to pay all duties that may potentially be applied to merchandise imported by a nonresident importer based on an amount that exceeds the amount, calculated using the fair market value of the merchandise, of all duties, fees, interest, taxes, or other charges, and all deposits for duties, fees, interest, taxes, or other charges, that would apply with respect to the merchandise if the merchandise were subject to the highest rate of duty applicable to such merchandise imported from any country. (d) Maintenance of assets in the United States (1) In general For purposes of subsection (b)(1), a nonresident importer of merchandise meets the requirement to maintain assets in the United States if the importer has clear title, at all times between the entry of the merchandise and the liquidation of the entry, to assets described in paragraph (2) with a value equal to the amount determined under subsection (c). (2) Assets described An asset described in this paragraph is— (A) an asset held by a United States financial institution; (B) an interest in an entity organized under the laws of the United States or any jurisdiction within the United States; or (C) an interest in real or personal property located in the United States or any territory or possession of the United States. (e) Exceptions The requirements of this section shall not apply with respect to a nonresident importer— (1) that is a validated Tier 2 or Tier 3 participant in the Customs-Trade Partnership Against Terrorism program established under subtitle B of title II of the Security and Accountability For Every Port Act of 2006 ( 6 U.S.C. 961 et seq. (2) if the Commissioner is satisfied, based on certified information supplied by the importer and any other relevant evidence, that the Commissioner has the same or equivalent ability to collect all duties that may potentially be applied to merchandise imported by the importer as the Commissioner would have if the importer were a resident importer. (f) Procedures The Commissioner shall prescribe procedures for assuring that nonresident importers maintain the assets required by subsection (b). (g) Penalties (1) In general It shall be unlawful for any person to import into the United States any merchandise in violation of this section. (2) Civil penalties Any person who violates paragraph (1) shall— (A) in the case of merchandise described in such paragraph with a domestic value that is equal to or greater than $50,000, be liable for a civil penalty of $50,000 for each such violation; or (B) in the case of merchandise described in such paragraph with a domestic value that is less than $50,000, be liable for a civil penalty equal to 50 percent of the amount of such domestic value for each such violation. (3) Other penalties In addition to the penalties specified in paragraph (2), any violation of this section that violates any other provision of the customs and trade laws of the United States (as defined in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4301 . (b) Clerical amendment The table of contents for the Tariff Act of 1930 is amended by inserting after the item relating to section 484b the following: Sec. 484c. Asset requirements applicable to nonresident importers. . (c) Effective date and application (1) In general Section 484c of the Tariff Act of 1930, as added by subsection (a)— (A) takes effect on the date of the enactment of this Act; and (B) applies with respect to merchandise entered, or withdrawn from warehouse for consumption, on or after the date that is 180 days after such date of enactment. (2) Deadline for procedures The Commissioner of U.S. Customs and Border Protection shall ensure the procedures required under subsection (f) of section 484c of the Tariff Act of 1930, as added by subsection (a), are prescribed and in effect not later than 90 days after the date of the enactment of this Act. IV Countering currency undervaluation 401. Investigation or review of currency undervaluation under countervailing duty law Section 702(c) of the Tariff Act of 1930 ( 19 U.S.C. 1671a(c) (6) Currency undervaluation For purposes of a countervailing duty investigation under this subtitle in which the determinations under clauses (i) and (ii) of paragraph (1)(A) are affirmative and the petition includes an allegation of currency undervaluation by the government of a country or any public entity within the territory of a country that meets the requirements of clause (i) of that paragraph, or for purposes of a review under subtitle C with respect to a countervailing duty order involving such an allegation, the administering authority shall examine in its investigation or review whether currency undervaluation by the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy. . 402. Determination of benefit with respect to currency undervaluation Section 771(5)(E) of the Tariff Act of 1930 ( 19 U.S.C. 1677(5)(E) (1) in clause (iii), by striking , and (2) in clause (iv), by striking the period at the end and inserting , and (3) by inserting after clause (iv) the following: (v) in the case of an exchange of an undervalued currency under a unified exchange rate, if there is a difference between the amount of currency received in exchange for United States dollars and the amount of currency that the recipient would have received absent an undervalued currency. ; and (4) in the flush text following clause (v), as added by paragraph (3), by adding at the end the following: For purposes of clause (v), a determination of the existence and amount of a benefit from the exchange of an undervalued currency shall take into account a comparison of the exchange rates derived from a methodology determined by the administering authority to be appropriate in light of the facts and circumstances to the relevant actual exchange rates, and whether there is government action on the exchange rate that contributes to an undervaluation of the currency. V Preventing duty evasion 501. Limitation on protest against decisions of U.S. Customs and Border Protection of claims of evasion of antidumping and countervailing duty orders (a) Expansion of limitation Section 514(b) of the Tariff Act of 1930 ( 19 U.S.C. 1514(b) (1) by striking title, determinations title, or with respect to determinations made under section 517 of this title which are reviewable under section 517(g), determinations (2) by inserting after a determination listed in section 516A of this title or a determination listed in section 517 of this title, as the case may be, (b) Rule of construction on investigation of claims of evasion Section 517(h) of the Tariff Act of 1930 ( 19 U.S.C. 1517(h) , except that any decision as to the liquidation or reliquidation of an entry of covered merchandise in accordance with a determination under subsection (c) and review under subsection (f), if applicable, shall not be subject to a protest of such decision filed in accordance with section 514 502. Procedures for investigating claims of evasion of safeguard actions (a) Tariff Act of 1930 Section 517 of the Tariff Act of 1930 ( 19 U.S.C. 1517 (1) in the section heading, by inserting and safeguard actions orders (2) in subsection (a)— (A) in paragraph (3)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (C) an action taken under section 203 of the Trade Act of 1974 ( 19 U.S.C. 2253 ; and (B) in paragraph (5)(A), by inserting after applicable antidumping or countervailing duties or any applicable safeguard action (3) in subsection (b)(4), in subparagraphs (A) and (B), by inserting after covered merchandise under subparagraph (A) or (B) of subsection (a)(3) (4) in subsection (d)(1)— (A) in subparagraph (C)— (i) in the matter preceding clause (i), by inserting after (C) if the determination relates to covered merchandise under subparagraph (A) or (B) of subsection (a)(3), (ii) in clause (i), by inserting of this paragraph subparagraphs (A) and (B) (B) in subparagraph (D)— (i) by inserting after (D) if the determination relates to covered merchandise under subparagraph (A) or (B) of subsection (a)(3), (ii) by inserting of this paragraph subparagraphs (A) and (B) (b) Trade Facilitation and Trade Enforcement Act of 2015 The Trade Facilitation and Trade Enforcement Act of 2015 is amended— (1) in section 402 ( 19 U.S.C. 4361 (A) in paragraph (2)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following: (C) an action taken under section 203 of the Trade Act of 1974 ( 19 U.S.C. 2253 ; (B) in paragraph (5), by inserting after applicable antidumping or countervailing duties or any applicable safeguard action (C) in paragraph (7), by inserting before the period at the end the following: and chapter 1 of title II of the Trade Act of 1974 ( 19 U.S.C. 2251 et seq. (2) in section 412 ( 19 U.S.C. 4372 (A) in subsection (a)(2)— (i) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively; and (ii) by inserting before subparagraph (B), as redesignated by clause (i), the following: (A) a person reasonably suspected of entering covered merchandise into the customs territory of the United States through evasion; ; and (B) in subsection (b)(1)— (i) in subparagraph (B)— (I) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; and (II) by inserting before clause (ii), as redesignated by subclause (I), the following: (i) a person from whom information was requested pursuant to subsection (a)(2)(A); ; and (ii) in subparagraph (C), by striking clause (ii) or (iii) clause (i), (iii), or (iv) 503. Application of provisions relating to certain proprietary information (a) In general Section 517 of the Tariff Act of 1930 ( 19 U.S.C. 1517 (i) Application of provisions relating to certain proprietary information (1) In general Except as provided in paragraph (2), subsections (b), (c), and (d) of section 777, relating to information submitted in connection with proceedings under title VII, shall apply with respect to information submitted in connection with proceedings under this section to the same extent and in the same manner as those subsections may apply to information submitted in connection with proceedings under title VII. (2) Exceptions In carrying out paragraph (1), subsections (b), (c), and (d) of section 777 shall be applied and administered as follows: (A) By substituting the Commissioner (i) the administering authority or the Commission (ii) the administering authority and the Commission (iii) the administering authority (B) Paragraphs (1)(A) and (3) of such subsection (b) shall not apply. (C) The second and third sentences of such subsection (c)(1)(A) shall not apply. (D) In such subsection (c)— (i) in paragraph (1)— (I) in subparagraph (B), by substituting determine to be appropriate determine to be appropriate, including disbarment from practice before the agency (II) in subparagraph (C)— (aa) in clause (i), by substituting 14 days 14 days (7 days if the submission pertains to a proceeding under section 703(a) or 733(a)) (bb) in the text following clause (ii)(II), by substituting 30 days 30 days (10 days if the submission pertains to a proceeding under section 703(a) or 733(a)) (ii) in paragraph (2), by substituting United States Court of International Trade United States Customs Court . (b) Regulations The Commissioner of U.S. Customs and Border Protection shall prescribe such regulations as may be necessary to implement subsection (i) of section 517 of the Tariff Act of 1930 ( 19 U.S.C. 1517 (c) Effective date The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. VI General provisions 601. Application to Canada and Mexico Pursuant to section 418 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4588 602. Effective date (a) In general Except as provided by subsection (b) or (c), the amendments made by this Act apply to countervailing duty investigations initiated under subtitle A of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. 19 U.S.C. 1673 et seq. 19 U.S.C. 1675 et seq. 19 U.S.C. 1677j (b) Applicability (1) In general Except as provided in subsection (c), the amendments made by this Act apply to— (A) investigations or reviews under title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. (B) circumvention inquiries initiated under section 781 of such Act ( 19 U.S.C. 1677j (C) circumvention inquiries requested under section 781 of such Act but not initiated before such date of enactment. (2) Deadlines for circumvention inquiries (A) Determinations In this case of a circumvention inquiry described in paragraph (1)(B), subsection (f)(4) of section 781 of the Tariff Act of 1930 ( 19 U.S.C. 1677j (i) in subparagraph (A)(i), by substituting the date of the enactment of the Leveling the Playing Field 2.0 Act the date on which the administering authority initiates a circumvention inquiry under paragraph (1) or (3)(A) (ii) in subparagraph (C), by substituting the date of the enactment of the Leveling the Playing Field 2.0 Act the filing of the inquiry request (B) Actions with respect to inquiry requests In the case of a circumvention inquiry described in paragraph (1)(C), the administering authority (as defined in section 771(1) of the Tariff Act of 1930 ( 19 U.S.C. 1677(1) 19 U.S.C. 1677j (c) Retroactive application of provision on determination of normal value to account for distortions of costs that occur in foreign countries The amendments made by section 204 apply to— (1) antidumping duty investigations initiated under subtitle B of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1673 et seq. (2) reviews initiated under subtitle C of title VII of such Act ( 19 U.S.C. 1675 et seq. (3) actions by U.S. Customs and Border Protection resulting from an investigation specified in paragraph (1) or a review specified in paragraph (2); and (4) civil actions, criminal proceedings, and other proceedings before a Federal court relating to proceedings specified in paragraph (1) or (2) or actions specified to in paragraph (3) in which final judgment has not been entered on or before the date of the enactment of this Act.

Leveling the Playing Field 2.0 Act

Disaster Assistance Deadlines Alignment Act This bill modifies the deadline for applying for disaster unemployment assistance. Specifically, the bill matches the deadline for an individual seeking unemployment assistance for a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to the application deadline for individuals and households seeking other assistance under that act. The bill authorizes an extension of that deadline if the individual (1) has good cause for the late submission, and (2) submits the application during the period when disaster assistance is being provided.

118 S1858 ES: Disaster Assistance Deadlines Alignment 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. 1858 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to establish a deadline for applying for disaster unemployment assistance. 1. Short title This Act may be cited as the Disaster Assistance Deadlines Alignment Act 2. Disaster unemployment assistance application deadline Section 410 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5177 (c) Application deadline (1) In general With respect to a major disaster for which assistance is provided under this section and section 408, the application deadline for an individual seeking assistance under this section shall match the application deadline for individuals and households seeking assistance under section 408. (2) Extension The President may accept an application from an individual described in paragraph (1) that is submitted after the deadline described in paragraph (1) if— (A) the individual has good cause for the late submission; and (B) the individual submits the application before the date on which the period during which assistance is provided under this section for the applicable major disaster expires. . 3. Applicability The amendment made by section 2 shall apply only with respect to amounts appropriated on or after the date of enactment of this Act. Passed the Senate July 27, 2023. Secretary

Disaster Assistance Deadlines Alignment Act

Youth Coastal Fishing Program Act of 2023 This bill directs the National Oceanic and Atmospheric Administration (NOAA) to establish a grant program to support youth fishing projects. Under the program, NOAA must award grants to nonprofit organizations; educational institutions; state, local, or tribal governments; or Native Hawaiian organizations for conducting youth fishing projects. Funds from the grants must be used for related purposes, such as (1) the purchase or rental of fishing equipment; (2) fees for boats, piers, or other facilities; (3) fishing licenses; and (4) fishing guide costs. In awarding such grants, NOAA must prioritize proposals for projects focused on underserved communities. NOAA must also provide technical assistance related to the youth fishing projects. The bill also requires NOAA to report to Congress regarding (1) the entities that were awarded grants, (2) the amount of funds disbursed, and (3) the activities and number of participants funded by the grants.

118 S1860 IS: Youth Coastal Fishing Program Act of 2023 U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1860 IN THE SENATE OF THE UNITED STATES June 7, 2023 Mr. Wicker Ms. Cantwell Committee on Commerce, Science, and Transportation A BILL To direct the National Oceanic and Atmospheric Administration to establish a grant program to fund youth fishing projects. 1. Short title This Act may be cited as the Youth Coastal Fishing Program Act of 2023 2. Youth coastal fishing grant program (a) In general The Secretary shall establish a program to award grants and provide technical assistance to eligible entities for the purpose of establishing youth fishing projects. (b) Applications An eligible entity seeking a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (c) Determinations of eligibility The Secretary shall develop criteria for purposes of determining whether an entity is eligible to receive a grant under this section in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Coastal Management, the National Sea Grant Office, the National Marine Fisheries Service, and the Office of National Marine Sanctuaries. (d) Use of funds An eligible entity that receives a grant award under this section shall use the amount of the award for purposes related to conducting a youth fishing project, including— (1) the purchase or rental of fishing equipment; (2) the cost of transporting participants to and from a youth fishing project; (3) fees associated with boat rental, pier access, or other facilities; (4) fishing license purchases; (5) fishing guide costs; or (6) such other expenses related to conducting a youth fishing project as the Secretary considers appropriate. (e) Priority In awarding grants under this section, the Secretary shall give priority to applications containing proposals for youth fishing projects focused on an underserved community. (f) Report required Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on— (1) the eligible entities awarded grants under this section; (2) the amount each such entity received; (3) how those entities used the grant award; and (4) the number of participants in youth fishing projects funded by grants under this section. (g) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Secretary $2,000,000 for each of fiscal years 2024 through 2028 to carry out this section. (2) Availability Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) shall remain available until expended. (3) Administrative costs Not more than 3 percent of amounts appropriated pursuant to the authorization of appropriations under paragraph (1) may be used by the Secretary for the administrative costs of carrying out this section. (h) Definitions In this section: (1) Eligible entity The term eligible entity (A) a nonprofit organization; (B) an educational institution; (C) a State, local, or Tribal government; or (D) a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 (2) Nonprofit organization The term nonprofit organization section 501(c)(3) (3) Secretary The term Secretary (4) State The term State (5) Tribal government The term Tribal government 25 U.S.C. 5131 (6) Underserved community The term underserved community (A) racial and ethnic minorities; (B) individuals with access and functional needs; or (C) individuals otherwise adversely affected by persistent poverty or inequality. (7) Youth fishing project The term youth fishing project (A) a recreational fishing experience conducted from a shore, pier, or boat located in the Great Lakes, coastal waters, ocean waters, or a tidal river; (B) education about marine science, conservation, and fishing regulations; and (C) information on where and how to continue fishing.

Youth Coastal Fishing Program Act of 2023

DHS International Cyber Partner Act of 2023 This bill provides statutory authority for the Department of Homeland Security (DHS) and the Cybersecurity and Infrastructure Security Agency (CISA) to work with international partners on cybersecurity. Specifically, DHS, with the concurrence of the Department of State, may assign personnel to a duty station located outside the United States at which it determines representation of the department is necessary to accomplish its cybersecurity and infrastructure security missions and to carry out duties and activities as assigned by DHS. The activities of DHS personnel who are assigned shall be performed with the concurrence of the chief of mission to the foreign country to which such personnel are assigned, and consistent with the duties and powers of the State Department and the chief of mission for a foreign country. Further, CISA may enter into agreements or arrangements with foreign governments and foreign owners and operators of critical infrastructure that would further the homeland security interests of the United States and enhance the ability of a foreign government or foreign owner or operator of critical infrastructure to work cooperatively with the United States to advance U.S. homeland security interests. The bill establishes provisions regarding (1) reimbursement of expenses, and (2) receipts credited as offsetting collections.

107 S1862 IS: DHS International Cyber Partner Act of 2023 U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1862 IN THE SENATE OF THE UNITED STATES June 7, 2023 Mr. Peters Mr. Lankford Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to provide explicit authority for the Secretary of Homeland Security and the Director of the Cybersecurity and Infrastructure Security Agency to work with international partners on cybersecurity, and for other purposes. 1. Short title This Act may be cited as the DHS International Cyber Partner Act of 2023 2. Purpose The purpose of this Act is to authorize the Secretary of Homeland Security to assign personnel to foreign locations to support the missions of the Department of Homeland Security. 3. International assignment (a) In general Title I of the Homeland Security Act of 2002 ( 6 U.S.C. 111 et seq. 104. International assignment (a) International assignment (1) In general The Secretary, with the concurrence of the Secretary of State, may assign personnel of the Department to a duty station that is located outside the United States at which the Secretary determines representation of the Department is necessary to accomplish the cybersecurity and infrastructure security missions of the Department and to carry out duties and activities as assigned by the Secretary. (2) Concurrence on activities The activities of personnel of the Department who are assigned under this subsection shall be— (A) performed with the concurrence of the chief of mission to the foreign country to which such personnel are assigned; and (B) consistent with the duties and powers of the Secretary of State and the chief of mission for a foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4802 22 U.S.C. 3927 (b) Rule of construction This section shall not be construed to affect, augment, or diminish the authority of the Secretary of State or any other officer of the Federal Government. . (b) Conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–196 Sec. 104. International assignment. . 4. CISA Activities (a) Foreign locations Section 2202(g)(1) of the Homeland Security Act of 2002 ( 6 U.S.C. 652(g)(1) , including locations outside the United States (b) Cyber planning Section 2216 of the Homeland Security Act of 2002 ( 6 U.S.C. 665b (1) in subsection (a), in the first sentence, by inserting , including international partners, as appropriate for public and private sector entities (2) in subsection (c)(2)— (A) in subparagraph (E), by striking and (B) in subparagraph (F), by striking the period at the end and inserting ; and (C) by adding at the end the following (G) for planning with international partners, the Department of State. . (c) Cybersentry Section 2220C of the Homeland Security Act of 2002 ( 6 U.S.C. 665i (1) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and (2) by inserting after subsection (c) the following: (d) International (1) In general The Director may, subject to approval by the Secretary and pursuant to section 104 and subsection (b) of this section, enter into agreements or arrangements with foreign governments and foreign owners and operators of critical infrastructure that, in the determination of the Director, in consultation with the Secretary and the Secretary of State, would further the homeland security interests of the United States and enhance the ability of a foreign government or foreign owner or operator of critical infrastructure to work cooperatively with the United States to advance the homeland security interests of the United States. (2) Reimbursement of expenses The Director is authorized to collect payment from the receiving entity for the cost of services, technical assistance, or expertise provided under this subsection and any accompanying shipping costs. (3) Receipts credited as offsetting collections Notwithstanding section 3302 of title 31, United States Code, any amount collected under this subsection— (A) shall be credited as offsetting collections to the account that finances the services, technical assistance, or expertise for which the payment is received; and (B) shall remain available until expended for the purpose of providing for the security interests of the homeland. .

DHS International Cyber Partner Act of 2023

No Federal Funding for CCP Spying and Persuasion In Education Settings (SPIES) Act of 2023 This bill generally prohibits an institution of higher education (IHE) that hosts a Confucius Institute from receiving funding from the Department of Defense (DOD). A Confucius Institute is a cultural institute directly or indirectly funded by the Chinese government. Currently, a U.S. IHE that hosts a Confucius Institute is prohibited from receiving DOD funds (except for funds provided directly to students as educational assistance) unless that IHE receives a waiver from DOD. This bill removes DOD's waiver authority. The bill also applies the general prohibition to international IHEs.

116 S1864 IS: No Federal Funding for CCP Spying and Persuasion In Education Settings (SPIES) Act of 2023 U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1864 IN THE SENATE OF THE UNITED STATES June 7, 2023 Mr. Rubio Committee on Armed Services A BILL To expand the prohibition on funding for international institutions of higher education that host Confucius Institutes and remove the authority to waive the prohibition. 1. Short title This Act may be cited as the No Federal Funding for CCP Spying and Persuasion In Education Settings (SPIES) Act of 2023 2. Prohibition on funding for international institutions of higher education that host Confucius Institutes and removal of waiver authority Section 1062 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 10 U.S.C. 2241 (1) in subsection (a)— (A) by striking Except as provided in subsection (b), none None (B) by inserting or international institution of higher education institution of higher education (2) by striking subsection (b); and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

No Federal Funding for CCP Spying and Persuasion In Education Settings (SPIES) Act of 2023

Safe Seats for All Act This bill directs the Federal Aviation Administration (FAA) to establish minimum dimensions for seats on passenger aircraft (including dimensions for the size, width, length, and pitch of seats) to ensure the safety and health of passengers. Further, the bill prohibits air carriers and foreign air carriers from reducing the seat size, width, length, or pitch for passenger aircraft. (This includes the dimensions of seat shoulder width, elbow width, the edge of the seat base to the back of the seat in front, the edge of the seat base to the headrest of the seat in front, and foot clearance.) This moratorium remains in place until the effective date of FAA regulations establishing minimum seat dimensions.

118 S1866 IS: Safe Seats for All Act U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1866 IN THE SENATE OF THE UNITED STATES June 7, 2023 Mr. Blumenthal Committee on Commerce, Science, and Transportation A BILL To establish minimum dimensions for seats on passenger aircraft, and for other purposes. 1. Short title This Act may be cited as the Safe Seats for All Act 2. Passenger seat sizing (a) In general Chapter 423 section 42304 42305. Passenger seat sizing (a) Minimum dimensions of passenger seats Not later than 180 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall issue regulations to establish minimum dimensions for seats on passenger aircraft (including dimensions for the size, width, length, and pitch of seats), to ensure the safety and health of passengers, including with respect to emergency evacuations, the ability of passengers to execute the brace position, and passengers with deep vein thrombosis or pulmonary embolism. (b) Interim prohibition on seat reduction During the period beginning on the date of enactment of this section and ending on the effective date of the regulations issued under subsection (a), an air carrier or foreign air carrier (as such terms are defined in section 40102) may not reduce the size, width, length, or pitch of the seats on any passenger aircraft of such carrier (including with respect to the dimensions of seat shoulder width, elbow width, the edge of the seat base to back of the seat in front, the edge of the seat base to the headrest of seat in front, foot clearance, and foot clearance envelope). (c) Rule of construction Nothing in this section shall be construed to prohibit an air carrier or foreign air carrier from altering the seating configuration of an aircraft if such configuration does not reduce the number of passenger seats in the economy class of service. . (b) Clerical amendment The analysis for chapter 423 section 42304 42305. Passenger seat sizing. . (c) Repeal of 2018 minimum dimension provision Section 577 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 42301

Safe Seats for All Act

No Tax Breaks for Radical Corporate Activism Act This bill disallows a business expense tax deduction for any reimbursement paid by an employer to an employee for travel expenses to obtain an abortion, or for the costs of any gender transition procedure for the employee's minor child.

118 S187 IS: No Tax Breaks for Radical Corporate Activism 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. 187 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Rubio Mr. Daines Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to deny the trade or business expense deduction for the reimbursement of employee costs of child gender transition procedure or travel to obtain an abortion. 1. Short title This Act may be cited as the No Tax Breaks for Radical Corporate Activism Act of 2023 2. Denial of deduction (a) In general Section 162 (s) Disallowance of certain expenses relating to abortion or child gender transition (1) In general No deduction shall be allowed under this chapter to an employer for any amount paid or incurred to reimburse an employee for, or to otherwise pay, expenses in connection with— (A) travel for the purpose of obtaining an abortion, or (B) any gender transition procedure for a minor child of the employee. (2) Definitions For purposes of this subsection— (A) Gender transition procedure (i) In general The term gender transition procedure (I) physician's services and inpatient and outpatient hospital services, including gender transition surgery, and (II) prescribed drugs related to gender transition, including puberty-blocking drugs, cross-sex hormones, or other mechanisms to promote the development of feminizing or masculinizing features (in the opposite sex). (ii) Exceptions Such term does not include— (I) services for treatment of a medically verifiable disorder of sex development, including— (aa) external biological sex characteristics which are irresolvably ambiguous, such as presence of 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or both ovarian and testicular tissue, or (bb) other physician-diagnosed disorder of sexual development, with respect to 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 (II) treatment of any infection, injury, disease, or disorder caused or exacerbated by the performance of any gender transition procedure, whether or not the gender transition procedure was performed in accordance with State and Federal law or whether not a deduction for expenses in connection with the gender transition procedure is allowable under this chapter. (iii) Gender The term gender (iv) Gender transition The term gender transition (v) Gender transition surgery (I) In general The term gender transition surgery (II) Exception Such term does not include any service performed because the individual suffers from a physical disorder, physical injury, or physical illness which would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed. (vi) Genital surgery The term genital surgery (I) penectomy, orchiectomy, vaginoplasty, clitoroplasty, or vulvoplasty for biologically male patients, and (II) hysterectomy, ovariectomy, reconstruction of the fixed part of the urethra with or without a metoidioplasty or a phalloplasty, vaginectomy, scrotoplasty, or implantation of erection or testicular prostheses for biologically female patients. (vii) Non-genital surgery The term non-genital surgery (I) augmentation mammoplasty, facial feminization surgery, thyroid cartilage reduction, gluteal augmentation (whether implants or lipofilling), hair reconstruction, or various aesthetic procedures for biologically male patients, and (II) subcutaneous mastectomy, pectoral implants, or various aesthetic procedures for biologically female patients. (viii) Puberty-blocking drugs The term puberty-blocking drugs (ix) Cross-sex hormones The term cross-sex hormones (B) Minor child The term minor child . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

No Tax Breaks for Radical Corporate Activism Act of 2023

Prohibiting Foreign Adversary Interference in Cryptocurrency Markets Act This bill prohibits the Commodity Futures Trading Commission from registering any digital commodity platform owned by entities affiliated with specified foreign adversaries. If such an entity acquires a platform, the commission must revoke the platform's registration.

118 S1870 IS: Prohibiting Foreign Adversary Interference in Cryptocurrency Markets Act U.S. Senate 2023-06-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1870 IN THE SENATE OF THE UNITED STATES June 7, 2023 Mr. Tuberville Mrs. Gillibrand Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Commodity Exchange Act to prohibit interference in United States digital commodity markets by entities organized or established in a foreign adversary, and for other purposes. 1. Short title This Act may be cited as the Prohibiting Foreign Adversary Interference in Cryptocurrency Markets Act 2. Prohibition on registration of foreign adversary-affiliated digital commodity platforms Section 4(b) of the Commodity Exchange Act ( 7 U.S.C. 6(b) (3) Prohibition on registration of foreign adversary-affiliated digital commodity platforms (A) Definitions In this paragraph: (i) Covered entity The term covered entity (I) an entity that is established or organized under the laws of, or the principal place of business of which is located in, a foreign adversary; or (II) any subsidiary owned (in whole or in part) or operated by an entity described in subclause (I). (ii) Digital commodity (I) In general The term digital commodity (II) Inclusions The term digital commodity (III) Exclusions The term digital commodity (aa) an interest in a physical commodity; (bb) a security; (cc) a digital form of currency backed by the full faith and credit of the United States; or (dd) any other instrument that the Commission determines not to be a digital commodity. (iii) Digital commodity broker (I) In general The term digital commodity broker (aa) soliciting or accepting orders on behalf of another person for a digital commodity trade; (bb) accepting digital commodities from another person for the purpose of entering into digital commodity trades; (cc) arranging digital commodity trades on behalf of another person; or (dd) a similar activity, as determined by the Commission. (II) Exclusion The term digital commodity broker (iv) Digital commodity custodian The term digital commodity custodian (v) Digital commodity dealer (I) In general The term digital commodity dealer (aa) has an identifiable business of dealing in a digital commodity as principal for its own account; (bb) makes a market in a digital commodity; (cc) holds itself out as a dealer in a digital commodity; (dd) has as an identifiable business of buying or selling digital commodities for conversion into other digital commodities, currency, or other consideration; (ee) has as an identifiable business of accepting digital commodities from another person (referred to in this item as a depositor (ff) engages in a similar activity, as determined by the Commission. (II) Exclusion The term digital commodity dealer (vi) Digital commodity platform The term digital commodity platform (I) A digital commodity broker. (II) A digital commodity custodian. (III) A digital commodity dealer. (IV) A digital commodity trading facility. (vii) Digital commodity trade (I) In general The term digital commodity trade (aa) another digital commodity; or (bb) any other consideration. (II) Inclusions The term digital commodity trade (aa) an offer to enter into a purchase or sale described in subclause (I); and (bb) a loan of a digital commodity, an offer to enter into a loan of a digital commodity, or a similar activity, as determined by the Commission. (viii) Digital commodity trading facility (I) In general The term digital commodity trading facility (II) Exclusion The term digital commodity trading facility (ix) Foreign adversary The term foreign adversary (I) the People’s Republic of China, including the Hong Kong Special Administrative Region and Macao Special Administrative Region; (II) the Republic of Cuba; (III) the Islamic Republic of Iran; (IV) the Democratic People’s Republic of Korea; (V) the Russian Federation; and (VI) the Bolivarian Republic of Venezuela under the regime of Nicolás Maduro Moros. (B) Prohibition on registration The Commission shall not register under this Act a digital commodity platform that is owned (in whole or in part) by a covered entity. (C) Revocation of registration The Commission shall revoke the registration under this Act of a digital commodity platform if a covered entity acquires all or any part of the ownership of the digital commodity platform. .

Prohibiting Foreign Adversary Interference in Cryptocurrency Markets Act

Mental Health Services for Students Act of 2023 This bill provides specific statutory authority for the Project AWARE (Advancing Wellness and Resiliency in Education) State Educational Agency Grant Program that is administered by the Substance Abuse and Mental Health Services Administration. The program supports school-based mental health services, including screening, treatment, and outreach programs.

118 S1884 IS: Mental Health Services for Students Act of 2023 U.S. Senate 2023-06-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Ii 118th CONGRESS 1st Session S. 1884 IN THE SENATE OF THE UNITED STATES June 8, 2023 Ms. Smith Mr. Murphy Mr. Whitehouse Ms. Hirono Mr. Wyden Mr. Van Hollen Ms. Cortez Masto Mr. Padilla Mr. Sanders Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs. 1. Short title This Act may be cited as the Mental Health Services for Students Act of 2023 2. Purposes The purposes of this Act are to— (1) revise, increase funding for, and expand the scope of the Project AWARE State Educational Agency Grant Program carried out by the Secretary of Health and Human Services, in order to provide access to more comprehensive school-based mental health services and supports; (2) provide for comprehensive staff development for school and community service personnel working in public schools; (3) provide for comprehensive training to improve health and academic outcomes for children with, or at risk for, mental health disorders, for parents or guardians, siblings, and other family members of such children, and for concerned members of the community; (4) provide for comprehensive, universal, evidence-based screening to identify children and adolescents with potential mental health disorders or unmet emotional health needs; (5) recognize best practices for the delivery of mental health care in school-based settings, including school-based health centers; (6) provide for comprehensive training for parents or guardians, siblings, other family members, and concerned members of the community on behalf of children and adolescents experiencing mental health trauma, disorder, or disability; and (7) establish formal working relationships between health, human service, and educational entities that support the mental and emotional health of children and adolescents in the school setting. 3. Amendments to the Public Health Service Act (a) Technical amendments The second part G (relating to services provided through religious organizations) of title V of the Public Health Service Act ( 42 U.S.C. 290kk et seq. (1) by redesignating such part as part J; and (2) by redesignating sections 581 through 584 as sections 596 through 596C, respectively. (b) School-Based mental health and children Section 581 of the Public Health Service Act ( 42 U.S.C. 290hh 581. School-based mental health; children and adolescents (a) In general The Secretary, in collaboration with the Secretary of Education, shall, directly or through grants, contracts, or cooperative agreements awarded to eligible entities described in subsection (c), assist local communities and public schools (including schools funded by the Bureau of Indian Education) in applying a public health approach to mental health services both in public schools and in the community. Such approach shall provide comprehensive developmentally appropriate services and supports that are linguistically and culturally appropriate and trauma-informed, and incorporate developmentally appropriate strategies of positive behavioral interventions and supports. A comprehensive school-based mental health program funded under this section shall assist children in dealing with traumatic experiences, grief, bereavement, risk of suicide, and violence. (b) Activities Under the program under subsection (a), the Secretary may— (1) provide financial support to enable local communities to implement a comprehensive culturally and linguistically appropriate, trauma-informed, and developmentally appropriate, school-based mental health program that— (A) builds awareness of individual trauma and the intergenerational, continuum of impacts of trauma on populations; (B) trains appropriate staff to identify, and screen for, signs of trauma exposure, mental health disorders, or risk of suicide; and (C) incorporates positive behavioral interventions and supports, family engagement, student treatment, and multigenerational supports to foster the health and development of children, prevent mental health disorders, and ameliorate the impact of trauma; (2) provide technical assistance to local communities with respect to the development of programs described in paragraph (1); (3) provide assistance to local communities in the development of policies to address child and adolescent trauma and mental health issues and violence when and if it occurs; (4) facilitate community partnerships among families, students, law enforcement agencies, education agencies, mental health and substance use disorder service systems, family based mental health service systems, child welfare agencies, health care providers (including primary care physicians, mental health professionals, and other professionals who specialize in children’s mental health such as child and adolescent psychiatrists), institutions of higher education, faith-based programs, trauma networks, and other community-based systems; and (5) establish best practice mechanisms for children and adolescents to report to school staff, such as educators, school leaders, or school-based health professionals, incidents of violence or plans by other children, adolescents, or adults to inflict harm on themselves or others. (c) Requirements (1) In general To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall— (A) be a partnership that includes— (i) a State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, in coordination with one or more local educational agencies, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, or a consortium of any entities described in subparagraph (B), (C), (D), or (E) of section 8101(30) of such Act; and (ii) in accordance with paragraph (2)(A)(i), appropriate public or private entities that employ interventions that are evidence-based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965; and (B) submit an application, that is endorsed by all members of the partnership, that— (i) specifies which member will serve as the lead partner; and (ii) contains the assurances described in paragraph (2). (2) Required assurances An application under paragraph (1) shall contain assurances as follows: (A) The eligible entity will ensure that, in carrying out activities under this section, the eligible entity will enter into a memorandum of understanding— (i) with at least 1 community-based mental health provider, including a public or private mental health entity, health care entity, family based mental health entity, trauma network, or other community-based entity, as determined by the Secretary (and which may include additional entities such as a human services agency, law enforcement or juvenile justice entity, child welfare agency, an institution of higher education, or another entity, as determined by the Secretary); and (ii) that clearly states— (I) the responsibilities of each partner with respect to the activities to be carried out, including how family engagement will be incorporated in the activities; (II) how school-employed and school-based or community-based mental health professionals will be utilized for carrying out such responsibilities; (III) how each such partner will be accountable for carrying out such responsibilities; and (IV) the amount of non-Federal funding or in-kind contributions that each such partner will contribute in order to sustain the program. (B) The comprehensive school-based mental health program carried out under this section supports the flexible use of funds to address— (i) universal prevention, through the promotion of the social, emotional, mental, and behavioral health of all students in an environment that is conducive to learning; (ii) selective prevention, through the reduction in the likelihood of at-risk students developing social, emotional, mental, behavioral health problems, suicide, or substance use disorders; (iii) the screening for, and early identification of, social, emotional, mental, behavioral problems, suicide risk, or substance use disorders and the provision of early intervention services; (iv) the treatment or referral for treatment of students with existing social, emotional, mental, behavioral health problems, or substance use disorders; (v) the development and implementation of evidence-based programs to assist children who are experiencing or have been exposed to trauma and violence, including program curricula, school supports, and after-school programs; and (vi) the development and implementation of evidence-based programs to assist children who are grieving, which may include training for school personnel on the impact of trauma and bereavement on children, and services to provide support to grieving children. (C) The comprehensive school-based mental health program carried out under this section will provide for in-service training of all school personnel, including ancillary staff and volunteers, in— (i) the techniques and supports needed to promote early identification of children with trauma histories, children who are grieving, and children with a mental health disorder or at risk of developing a mental health disorder, or who are at risk of suicide; (ii) the use of referral mechanisms that effectively link such children to appropriate prevention, treatment, and intervention services in the school and in the community and to follow-up when services are not available; (iii) strategies that promote a school-wide positive environment, including strategies to prevent discrimination, bullying, and harassment, which includes both cyberstalking and cyber-bullying; (iv) strategies for promoting the social, emotional, mental, and behavioral health of all students; and (v) strategies to increase the knowledge and skills of school and community leaders about the impact of trauma and violence and on the application of a public health approach to comprehensive school-based mental health programs. (D) The comprehensive school-based mental health program carried out under this section will include comprehensive training for parents or guardians, siblings, and other family members of children with mental health disorders, and for concerned members of the community in— (i) the techniques and supports needed to promote early identification of children with trauma histories, children who are grieving, children with a mental health disorder or at risk of developing a mental health disorder, and children who are at risk of suicide; (ii) the use of referral mechanisms that effectively link such children to appropriate prevention, treatment, and intervention services in the school and in the community and follow-up when such services are not available; and (iii) strategies that promote a school-wide positive environment, including strategies to prevent discrimination, bullying, and harassment, which includes both cyberstalking and cyber-bullying. (E) The comprehensive school-based mental health program carried out under this section will demonstrate the measures to be taken to sustain the program (which may include seeking funding for the program under a State Medicaid plan under title XIX of the Social Security Act or a waiver of such a plan, or under a State plan under subpart 1 of part B or part E of title IV of the Social Security Act). (F) The eligible entity is supported by the State agency with primary responsibility for behavioral health to ensure that the comprehensive school-based mental health program carried out under this section will be sustainable after funding under this section terminates. (G) The comprehensive school-based mental health program carried out under this section will be coordinated with early intervening activities carried out under the Individuals with Disabilities Education Act or activities funded under part A of title IV of the Elementary and Secondary Education Act of 1965. (H) The comprehensive school-based mental health program carried out under this section will be trauma-informed, evidence-based, and developmentally, culturally, and linguistically appropriate. (I) The comprehensive school-based mental health program carried out under this section will include a broad needs assessment of youth who drop out of school due to policies of zero tolerance (J) The mental health services provided through the comprehensive school-based mental health program carried out under this section will be provided by qualified mental and behavioral health professionals who are certified, credentialed, or licensed in compliance with applicable Federal and State law and regulations by the State involved and who are practicing within their area of competence. (K) Students will be permitted to self-refer to the mental health program for mental health care and self-consent for mental health crisis care to the extent permitted by State or other applicable law. (3) Coordinator Any entity that is a member of a partnership described in paragraph (1)(A) may serve as the coordinator of funding and activities under the grant if all members of the partnership agree. (4) Compliance with HIPAA A grantee under this section shall be deemed to be a covered entity for purposes of compliance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. (5) Compliance with FERPA Section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 (d) Geographical distribution The Secretary shall ensure that grants, contracts, or cooperative agreements under subsection (a) will be distributed equitably among the regions of the country and among urban and rural areas. (e) Duration of awards With respect to a grant, contract, or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 5 years, with options for renewal. (f) Evaluation and measures of outcomes (1) Development of process The Assistant Secretary shall develop a fiscally appropriate process for evaluating activities carried out under this section. Such process shall include— (A) the development of guidelines for the submission of program data by grant, contract, or cooperative agreement recipients; (B) the development of measures of outcomes (in accordance with paragraph (2)) to be applied by such recipients in evaluating programs carried out under this section; and (C) the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section. (2) Measures of outcomes (A) In general The Assistant Secretary shall develop measures of outcomes to be applied by recipients of assistance under this section, and the Assistant Secretary, in evaluating the effectiveness of programs carried out under this section. Such measures shall include student and family measures as provided for in subparagraph (B) and local educational measures as provided for under subparagraph (C). (B) Student and family measures of outcomes The measures for outcomes developed under paragraph (1)(B) relating to students and families shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate whether the program is effective in— (i) increasing social and emotional competency; (ii) improving academic outcomes, including as measured by proficiency on the annual assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965; (iii) reducing disruptive and aggressive behaviors; (iv) improving child functioning; (v) reducing substance use disorders; (vi) reducing rates of suicide and other forms of violence; (vii) reducing exclusionary disciplinary practices, including suspensions, expulsions, and the involvement of law enforcement; (viii) increasing high school graduation rates, calculated using the four-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965); (ix) improving attendance rates and rates of chronic absenteeism; (x) improving access to care for mental health disorders, including access to mental health services that are trauma-informed, and developmentally, linguistically, and culturally appropriate; (xi) improving health outcomes; (xii) decreasing disparities among vulnerable and protected populations in outcomes described in clauses (i) through (viii); and (xiii) reducing rates of discrimination, bullying, and harassment, which includes both cyberstalking and cyber-bullying. (C) Local educational outcomes The outcome measures developed under paragraph (1)(B) relating to local educational systems shall, with respect to activities carried out under a program under this section, at a minimum include provisions to evaluate— (i) the effectiveness of comprehensive school mental health programs established under this section; (ii) the effectiveness of formal partnership linkages among child and family serving institutions, community support systems, and the educational system; (iii) the progress made in sustaining the program once funding under the grant has expired; (iv) the effectiveness of training and professional development programs for all school personnel that incorporate indicators that measure cultural and linguistic competencies under the program in a manner that incorporates appropriate cultural and linguistic training; (v) the improvement in perception of a safe and supportive learning environment among school staff, students, and parents; (vi) the improvement in case-finding of students in need of more intensive services and referral of identified students to prevention, early intervention, and clinical services; (vii) the improvement in the immediate availability of clinical assessment and treatment services within the context of the local community to students posing a danger to themselves or others; (viii) the increased rates of successful matriculation to postsecondary education; (ix) reduced suicide rates; (x) reducing exclusionary disciplinary practices, including suspensions, expulsions, and the involvement of law enforcement; and (xi) increased educational equity. (3) Submission of annual data An eligible entity described in subsection (c) that receives a grant, contract, or cooperative agreement under this section shall annually submit to the Assistant Secretary a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program. Such reports shall utilize the measures of outcomes under paragraph (2) in a reasonable manner to demonstrate the progress of the program in achieving such purposes. (4) Evaluation by Assistant Secretary Based on the data submitted under paragraph (3), the Assistant Secretary shall annually submit to Congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section. (5) Limitation An eligible entity shall use not more than 20 percent of amounts received under a grant under this section to carry out evaluation activities under this subsection. (g) Information and education The Secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application under this section to the general public and to health care professionals. (h) Amount of grants and authorization of appropriations (1) Amount of grants A grant under this section shall be in an amount that is not more than $2,000,000 for each of the first 5 fiscal years following the date of enactment of the Mental Health Services for Students Act of 2023 (2) Authorization of appropriations There is authorized to be appropriated to carry out this section, $300,000,000 for each of the first 5 fiscal years following the date of enactment of the Mental Health Services for Students Act of 2023 . (c) Conforming amendment Part G of title V of the Public Health Service Act ( 42 U.S.C. 290hh et seq. G School-based mental health .

Mental Health Services for Students Act of 2023

Protect Vulnerable Immigrant Youth Act This bill exempts Special Immigrant Juveniles visas from certain annual numerical limitations on such visas. (Generally, Special Immigrant Juvenile status is available to qualifying non-U.S. nationals under 21 years of age who are in the United States and have been abused, abandoned, or neglected by a parent.)

118 S1885 IS: Protect Vulnerable Immigrant Youth Act U.S. Senate 2023-06-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1885 IN THE SENATE OF THE UNITED STATES June 8, 2023 Ms. Cortez Masto Committee on the Judiciary A BILL To eliminate employment-based visa caps on abused, abandoned, and neglected children eligible for humanitarian status, and for other purposes. 1. Short title This Act may be cited as the Protect Vulnerable Immigrant Youth Act 2. Eliminating certain employment-based visa caps (a) Aliens Not Subject to Direct Numerical Limitations Section 201(b)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1)(A) subparagraph (A) or (B) subparagraph (A), (B), or (J) (b) Preference Allocation for Employment-Based Immigrants Section 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(4) subparagraph (A) or (B) subparagraph (A), (B), or (J)

Protect Vulnerable Immigrant Youth Act

Mind Your Own Business Act of 2023 This bill requires a large publicly traded company to be bound by certain duties and procedures in the event of a legal claim in response to the company's support of specified social or political issues. The company must establish these duties and procedures in the company's articles of incorporation or bylaws as a condition of listing its shares on a national securities exchange. Specifically, a company must establish duties and procedures applicable to a legal claim brought against a corporate defendant for breach of fiduciary duty resulting from a material action. These duties and procedures require that a corporate defendant must be bound by certain factual representations; has the burden of proof with respect to any determination of independent business judgment; and in the event of a judgment on the merits in favor of the claimant, must be jointly and severally liable for money damages in specified amounts. A material action taken by a corporate defendant covered by this bill includes an action taken primarily in response to a state law, state regulation, or state legislation relating to the manner in which elections are conducted in the state, protecting religious freedom, or limiting the availability of abortion services; an action to promote certain social issues regarding race or sex; or other actions unrelated to the company's pecuniary interest. Actions not covered by this bill include charitable contributions, certain exercises of religion, activity related to national security, and the limitation of business with certain nations and entities.

118 S189 IS: Mind Your Own Business 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. 189 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to require the Securities and Exchange Commission to require the contractual provision by large issuers of procedural privileges with respect to certain shareholder claims relating to board and management accountability for woke 1. Short title This Act may be cited as the Mind Your Own Business Act of 2023 2. Findings Congress finds the following: (1) The fiduciary duties of boards of directors and other corporate actors to corporations and their stockholders are generally established by and enforceable under State law. (2) State law generally permits corporations discretion with respect to altering the rights of stockholders, including the process by which stockholders assert claims for breach of fiduciary duties by the board of directors or other corporate actors, limited by State law governing these fiduciary duties. (3) The regulation of corporations as issuers of securities authorized by Congress in the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. (A) establish fiduciary duties of boards of directors or other corporate actors to corporations and their stockholders under Federal law; or (B) regulate the fiduciary duties of boards of directors or other corporate actors to corporations and their stockholders under State law. (4) The State law fiduciary duties of boards of directors and other corporate actors establish certain norms upon which the national market system for securities has historically relied, including— (A) boards of directors and other corporate actors generally have fiduciary duties to their respective corporations and stockholders; and (B) the behavior of corporations as issuers of securities will generally conform to these fiduciary duties, to the benefit of the protection of investors and the public interest. (5) Other norms related to the public interest have historically provided critical bases upon which the national market system for securities has historically relied, including norms that large corporate issuers that are significant to the national economy— (A) generally invest corporate resources to increase the long-term value of the corporation as a business rather than as an agent of social change; (B) do not use corporate resources to advance narrowly political or partisan agendas; and (C) do not use corporate resources to promote socialism, Marxism, critical race theory, or other un-American ideologies among their workforces or customers. (6) Though these norms are not enforceable legal duties of boards of directors or other corporate actors under Federal law, they substantially contribute to the commercial purpose and nationwide availability of the national market system for securities, which are recognized by section 2 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78b (7) Certain large corporate issuers that are significant to the national economy have recently undertaken actions which facially violate these norms on account of apparent political bias. Examples of such actions include the use of corporate resources to— (A) deny goods and services to States and their political subdivisions, and private entities within such States and their political subdivisions, in response to the social policies proposed or enacted in such States and their political subdivisions, including those related to election procedures, restrictions on abortion, protections for religious freedom, and enforcement of immigration law; (B) deny goods and services to industries and other classes of entities on the basis of characteristics of those industries and classes related to social policy, including industries involved in the sale or manufacture of firearms, operation of border security or criminal detention facilities, and performance of services for the United States military, and classes of entities based on religious belief or identity; (C) promote race and sex stereotyping, such as those described in section 2(a) of Executive Order 13950 ( 5 U.S.C. 4103 (D) openly coordinate with political actors to pursue such actions, including— (i) undertaking such actions upon the action (or inaction) of boards of directors and other corporate actors that are not sufficiently independent from conflicts of interest with political actors, including elected officials, political parties, news media, labor unions, nonprofit or nongovernmental organizations that advocate for changes in political or social policy through issuers, other activists affiliated with such actors, and activist investors that advocate for changes in corporate policy primarily unrelated to the pecuniary interest of the issuer; and (ii) conceding to the demands of the political actors without undertaking due care. (8) The prominent, open, and public facial violation of these norms by large corporate issuers that are significant to the national economy undermine the commercial purpose and nationwide availability of the national market system for securities by spending corporate resources on noncommercial and divisive, political and partisan causes. (9) The threat these actions pose to the national market system for securities establishes a public interest in ensuring large corporate issuers that are significant to the national economy— (A) have adequate internal procedural mechanisms to ensure the accountability of boards of directors and other corporate actors with respect to their adherence with the norms described in this section; and (B) do not unduly burden the ability of stockholders to assert claims for breach of fiduciary duty under State law where the actions at issue in such claims facially violates those norms. 3. Listing requirement relating to procedural privileges for certain shareholder claims The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. 15 U.S.C. 78j–4 10E. Procedural privileges for certain shareholder claims (a) Definitions In this section: (1) Claimant The term claimant (A) a person that brings a covered claim; or (B) if a covered claim is brought as a class action, the representative of the class in that action. (2) Controller The term controller (A) generally; or (B) with respect to an action at issue in a covered claim. (3) Covered claim The term covered claim (A) means any single cause of action that— (i) asserts a claim for breach of fiduciary duty owed by any corporate defendant to the applicable issuer (or the shareholders of the applicable issuer) resulting from material action by any covered corporate actor with respect to the applicable issuer— (I) that is taken primarily in response to a law (including a regulation) that is enacted by a State, or a bill that is introduced in the legislature of a State or policy otherwise publicly proposed by an elected official of a State, which shall include if such action includes any prohibition of business within that State by an issuer, whether with respect to business services or travel to, or major events in, that State, that is facially unrelated to the pecuniary interest of the applicable issuer, which shall presumptively include if the law bill, or policy would modify, establish, or create a law relating to— (aa) the manner in which elections are conducted in the State; (bb) protecting religious freedom; or (cc) limiting the availability of services that include the abortion of unborn children; (II) to prohibit the sale of goods or services by any covered corporate actor with respect to the applicable issuer to customers who operate in an industry with which the issuer engages in such business primarily on the basis of a characteristic of that industry that is facially unrelated to the pecuniary interest of the applicable issuer; (III) to promote a covered divisive concept; or (IV) for which the reasoning publicly presented by any covered corporate actor with respect to the applicable issuer as— (aa) any basis for such action promotes a covered divisive concept; or (bb) the primary basis for such action is facially unrelated to the pecuniary interest of the applicable issuer, which shall presumptively include any reference to diversity, equity, or inclusion with respect to the composition of the workforce, management, or board of directors of the issuer or society in general; and (ii) is brought by a covered shareholder as— (I) a direct action; or (II) a derivative action or proceeding brought on behalf of the applicable issuer; and (B) does not include a cause of action that asserts a claim for the breach of fiduciary duty owed by any corporate defendant to the applicable issuer (or the shareholders of that issuer) resulting from— (i) a charitable contribution by any covered corporate actor with respect to the applicable issuer; (ii) the exercise of religion by any covered corporate actor with respect to the applicable issuer; (iii) business activity by any covered corporate actor in connection with the national security of the United States, the Armed Forces, or veterans of the Armed Forces; or (iv) the limitation of business by any covered corporate actor with respect to the applicable issuer— (I) occurring in the jurisdiction of, or with an agent of the People’s Republic of China, the Russian Federation, North Korea, Iran, Syria, Sudan, Venezuela, or Cuba; (II) in connection with preventing the abuse of internationally recognized worker rights, as defined in section 507 of the Trade Act of 1974 ( 19 U.S.C. 2467 (III) with any entity that derives directly or indirectly more than de minimis gross revenue through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature; (IV) with any entity that engages in a commerce- or investment-related boycott, divestment, or sanctions activity that targets Israel; or (V) that is required under Federal, State, or local law. (4) Covered company The term covered company (A) a public float of more than $20,000,000,000; or (B) annual revenues of more than $5,000,000,000. (5) Covered corporate actor The term covered corporate actor (A) an issuer; (B) a director, officer, or affiliate of an issuer; (C) a controller with respect to an issuer; or (D) any person acting in the capacity of an officer or agent of an issuer. (6) Corporate defendant The term corporate defendant (A) is a director, officer, affiliate of an issuer, or controller; and (B) may be named as a defendant in a cause of action for breach of fiduciary duty under applicable State law. (7) Covered divisive concept The term covered divisive concept 5 U.S.C. 4103 (8) Covered shareholder (A) In general The term covered shareholder (i) $2,000 in market value of the securities of the issuer for at least 3 years; (ii) $15,000 in market value of the securities of the issuer for at least 2 years; or (iii) $25,000 in market value of the securities of the issuer for at least 1 year. (9) Director The term director (10) Investment adviser; private fund The terms investment adviser private fund 15 U.S.C. 80b–2 (11) Investment company The term investment company 15 U.S.C. 80a–3 (12) Issuer The term issuer (13) Nonpecuniary investment entity The term nonpecuniary investment entity (A) any investment company or private fund that invests, reinvests, or trades, or proposes to invest, reinvest, or trade in, or that exercises any control right with respect to any security primarily on a basis that is facially unrelated to the pecuniary interest of any beneficiary of the company or fund for which the activity occurs with respect to the security; (B) any investment advisor that provides any advice that is not a charitable contribution— (i) that is for compensation; and (ii) the basis for which is primarily unrelated to the pecuniary interest of the party receiving the advice; (C) any entity that engages in activism with respect to issuers to which section 14 applies for which the primary basis of the activism is facially unrelated to the pecuniary interest of the issuers to which the activism is directed, including— (i) nominating candidates for election as directors of those issuers; or (ii) making shareholder proposals pursuant to that section; and (D) any labor organization, as defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 (b) Requirements (1) Rules Not later than 1 year after the date of enactment of the Mind Your Own Business Act of 2023 (2) Issuer requirements The rules issued under paragraph (1) shall require each issuer, to the maximum extent permitted by State law, in the articles of incorporation or bylaws of the issuer, to provide, with respect to any covered claim, that any corporate defendant with respect to the issuer that is named as a defendant in the covered claim shall— (A) be bound by the presumptions established under subsection (c) with respect to any factual representation made in connection with the covered claim, including any factual representation relating to whether a claim asserted is a covered claim; (B) have the burden of proof with respect to any determination of independent business judgment; (C) if the claimant obtains a judgment on the merits in the covered claim, be jointly and severally liable for money damages to the claimant in an amount that is not less than the greater of— (i) treble damages; or (ii) 2 times the total compensation paid by the issuer to all directors of the issuer for the year in which the primary action alleged in the covered claim substantially occurred, including the market value of all securities issued as compensation to those directors in that year; (D) if the claimant obtains all or some of the relief sought in the covered claim, whether by court order, settlement, voluntary change in the conduct of the defendant, or otherwise, reimburse the claimant for the greatest amount permitted by law with respect to all fees, costs, and expenses of every kind and description (including all reasonable attorney’s fees and other litigation expenses) that the claimant may obtain in connection with the covered claim; and (E) not be indemnified by the issuer for any liability, loss (including attorney’s fees, judgments, fines, or amounts paid in settlement) incurred or suffered in connection with the covered claim. (c) Presumptions For the purposes of this section, the following presumptions shall apply with respect to any covered claim, including with respect to any factual representation relating to whether a claim asserted is a covered claim: (1) Pecuniary interest There shall be a presumption that the pecuniary interest of an issuer, including the best interest of the issuer to the extent that such interest is substantially similar to the pecuniary interest of the issuer, does not include— (A) the morale of, or ability of the issuer to hire or retain, supervisory employees in general; (B) the diversity of the board of directors, management, or workforce in general with respect to any characteristic protected by section 703 of the Civil Rights Act of 1964 (42 2000e–2); (C) the public relations, image, value of marketing, or coverage by the news media of the issuer; or (D) any financial benefit or reduction in cost, including the cost of capital to the issuer, to the extent the pecuniary benefit of or to such benefit or reduction in cost is caused by the— (i) investment in the securities of the issuer by a nonpecuniary investment entity; or (ii) inclusion of the securities of the issuer in indexes created by index providers that select those indexes on a primarily nonpecuniary basis or that include such securities in any index on a primarily nonpecuniary basis. (2) Demand excused For the purpose of determining whether demand is excused with respect to a covered claim, there shall be a presumption that a director is not independent if the director is employed, controlled, or nominated by, or otherwise has a history of affiliation with a nonpecuniary investment entity or any affiliate of a nonpecuniary investment entity. (d) Rules of construction Nothing in this section may be construed— (1) to limit the exercise of religion, as defined in section 5 of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb–2 (2) as establishing a fiduciary duty by any corporate defendant or corporate actor. .

Mind Your Own Business Act of 2023

Stop TSP ESG Act This bill prohibits a qualified professional asset manager from exercising voting rights associated with the ownership of securities by the Thrift Savings Fund. Under current law, the term qualified professional asset manager includes certain banks, savings and loan associations, insurance companies, and investment advisers.

118 S1891 IS: Stop TSP ESG Act U.S. Senate 2023-06-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1891 IN THE SENATE OF THE UNITED STATES June 8, 2023 Mr. Cruz Mr. Schmitt Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to prohibit qualified professional asset managers from exercising voting rights associated with the ownership of securities by the Thrift Savings Fund. 1. Short title This Act may be cited as the Stop TSP ESG Act 2. Prohibition on exercising voting rights associated with the ownership of securities by the Thrift Savings Fund Section 8438(f) of title 5, United States Code, is amended by inserting a qualified professional asset manager, The Board,

Stop TSP ESG Act

Colorectal Cancer Payment Fairness Act This bill eliminates Medicare coinsurance requirements with respect to colorectal cancer screening tests, regardless of the code billed for a resulting diagnosis or procedure, beginning in 2023 (rather than 2030).

118 S1894 IS: Colorectal Cancer Payment Fairness Act U.S. Senate 2023-06-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1894 IN THE SENATE OF THE UNITED STATES June 8, 2023 Mr. Booker Committee on Finance A BILL To amend title XVIII of the Social Security Act to eliminate the coinsurance requirement for certain colorectal cancer screening tests furnished under the Medicare program. 1. Short title This Act may be cited as the Colorectal Cancer Payment Fairness Act 2. Eliminating the coinsurance requirement for certain colorectal cancer screening tests furnished under the Medicare program Section 1833(dd) of the Social Security Act ( 42 U.S.C. 1395l(dd) (1) in paragraph (1), by striking and before January 1, 2030, (2) in paragraph (2)— (A) in subparagraph (A), by adding and (B) in subparagraph (B), by striking through 2026, 85 percent; and and each subsequent year, 100 percent. (C) by striking subparagraph (C).

Colorectal Cancer Payment Fairness Act

Enhancing Southbound Inspections to Combat Cartels Act This bill requires and authorizes actions related to the inspection of pedestrians and vehicles crossing the border from the United States to Mexico. The Department of Homeland Security (DHS) must, to the extent practicable, ensure that 20% of such outbound vehicles are inspected. DHS may use various means to meet this requirement, including nonintrusive imaging. U.S. Customs and Border Protection (CBP) must hire at least 500 new officers to inspect pedestrians and vehicles crossing the border to Mexico. The CBP may also hire support staff and purchase equipment to assist with such inspections. U.S. Immigration and Customs Enforcement (ICE) must hire at least 100 new Homeland Security Investigations special agents to investigate the smuggling of currency and firearms from the United States to Mexico. ICE may also hire support staff to support these special agents. The bill also requires reports to Congress on various issues addressed in this bill, including quarterly reports on currency, firearms, and ammunition seized from outbound inspections along the southern border.

118 S1897 IS: Enhancing Southbound Inspections to Combat Cartels Act U.S. Senate 2023-06-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1897 IN THE SENATE OF THE UNITED STATES June 8, 2023 Ms. Hassan Mr. Lankford Committee on Homeland Security and Governmental Affairs A BILL To require the Secretary of Homeland Security to enhance capabilities for outbound inspections at the southern land border, and for other purposes. 1. Short title This Act may be cited as the Enhancing Southbound Inspections to Combat Cartels Act 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Appropriations of the Senate (B) the Committee on Homeland Security and Governmental Affairs of the Senate (C) the Committee on the Judiciary of the Senate (D) the Committee on Appropriations of the House of Representatives (E) the Committee on Homeland Security of the House of Representatives (F) the Committee on the Judiciary of the House of Representatives (2) Southern border The term Southern Border 3. Additional U.S. Customs and Border Protection personnel for southbound inspections (a) CBP officers The Commissioner of U.S. Customs and Border Protection shall hire, train, and assign not fewer than 500 new officers to assist with inspections of pedestrians, cars, trucks, and other modes of transportation traveling from the United States to Mexico. (b) Support staff The Commissioner of U.S. Customs and Border Protection is authorized to hire, train, and assign such additional support staff as may be necessary to support the functions carried out by the officers hired pursuant to subsection (a). 4. Additional inspection equipment and infrastructure (a) Imaging systems The Commissioner of U.S. Customs and Border Protection is authorized to purchase up to 50 additional non-intrusive imaging systems, which shall be deployed along the Southern Border for the purpose of inspecting vehicles traveling from the United States to Mexico. (b) Alternative equipment The Commissioner of U.S. Customs and Border Protection is authorized to purchase additional alternative equipment that the Commissioner deems necessary for the purpose of inspecting individuals or vehicles traveling from the United States to Mexico. 5. Additional Homeland Security Investigations personnel for investigations of southbound smuggling (a) HSI special agents The Director of U.S. Immigration and Customs Enforcement shall hire, train, and assign not fewer than 100 new Homeland Security Investigations special agents to assist with investigations involving the smuggling of currency and firearms from the United States to Mexico. (b) Support staff The Director is authorized to hire, train, and assign such additional support staff as may be necessary to support the functions carried out by the special agents hired pursuant to subsection (a). 6. Report (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the appropriate congressional committees that— (1) identifies infrastructure limitations at any individual port that may limit the ability of U.S. Customs and Border Protection to deploy additional inspection equipment and inspect vehicles and pedestrians traveling from the United States to Mexico; (2) identifies the number of dedicated outbound traffic lanes that are being used at each port of entry along the Southern Border; (3) provides a detailed explanation of any plans to expand the outbound lane capacity and inspection capabilities at ports of entry along the Southern Border; and (4) describes any plans that would allow for the use of alternative inspection sites near a port of entry along the Southern Border. (b) Classification The report submitted pursuant to subsection (a), or any part of such report, may be classified or provided with other appropriate safeguards to prevent public dissemination. 7. Minimum mandatory southbound inspection requirement (a) Requirement The Secretary of Homeland Security shall ensure that 20 percent of all vehicles traveling from the United States to Mexico are inspected before leaving the United States, to the extent practicable. (b) Authorized inspection activities Inspections required pursuant to subsection (a) may include nonintrusive imaging, physical inspections by officers or canine units, or other means authorized by the Secretary of Homeland Security. (c) Report Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the appropriate congressional committees that describes the staffing model that will be used to carry out the inspection requirement described in subsection (a). 8. Southbound currency and firearms seizures quarterly report (a) In general Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter until the date that is 4 years after such date of enactment, the Commissioner of U.S. Customs and Border Protection shall submit a report to the appropriate congressional committees that describes the seizure of currency, firearms, and ammunition attempted to be trafficked from the United States to Mexico across the Southern Border. (b) Contents Each report submitted pursuant to subsection (a) shall include, for the most recent 90-day period for which such information is available— (1) the total number of currency seizures that occurred from outbound inspections at United States land ports of entry along the Southern Border; (2) the total dollar amount associated with the currency seizures referred to in paragraph (1); (3) the total number of firearms seized from outbound inspections at United States land ports of entry along the Southern Border; (4) the total number of ammunition rounds seized from outbound inspections at United States land ports of entry along the Southern Border; and (5) the total number of incidents of firearm seizures and ammunition seizures that occurred at United States land ports of entry along the Southern Border.

Enhancing Southbound Inspections to Combat Cartels Act

Navajo-Gallup Water Supply Project Amendments Act of 2023 This bill extends deadlines and otherwise revises the Navajo-Gallup Water Supply Project. This project was first authorized by the Omnibus Public Land Management Act of 2009, which settled the Navajo Nation's water rights in the San Juan Basin of New Mexico. Specifically, the bill extends through December 31, 2029, the deadline for constructing project facilities. The bill allows for additional project service areas, including by allowing the Navajo Nation to expand the project service area in order to deliver water supply from the project to Lupton, Arizona. The bill directs the Department of the Interior to take certain land into trust for the benefit of the Navajo Nation. The bill also establishes (1) the Navajo Nation Operations, Maintenance, and Replacement Trust Fund; and (2) the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund.

111 S1898 IS: Navajo-Gallup Water Supply Project Amendments Act of 2023 U.S. Senate 2023-06-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1898 IN THE SENATE OF THE UNITED STATES June 8, 2023 Mr. Luján Mr. Heinrich Committee on Indian Affairs A BILL To amend the Northwestern New Mexico Rural Water Projects Act to make improvements to that Act, and for other purposes. 1. Short title This Act may be cited as the Navajo-Gallup Water Supply Project Amendments Act of 2023 2. Definitions Section 10302 of the Northwestern New Mexico Rural Water Projects Act ( 43 U.S.C. 407 Public Law 111–11 (1) by striking paragraph (29); (2) by redesignating paragraphs (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), and (30) as paragraphs (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (27), (28), (30), (31), and (32), respectively; (3) by inserting after paragraph (11) the following: (12) Deferred Construction Fund The term Deferred Construction Fund ; (4) in paragraph (14) (as so redesignated)— (A) in the paragraph heading, by striking Draft Final Environmental (B) by striking Draft Impact Final Environmental (C) by striking draft environmental final environmental (D) by striking March 2007 July 6, 2009 (5) in paragraph (19) (as so redesignated), by striking Draft Final Environmental (6) by inserting after paragraph (25) (as so redesignated) the following: (26) Project Service Area The term Project Service Area ; (7) by inserting after paragraph (28) (as so redesignated) the following: (29) Settlement trust funds The term Settlement Trust Funds (A) the Navajo Nation Water Resources Development Trust Fund established by subsection (a)(1) of section 10702; (B) the Navajo Nation Operations, Maintenance, and Replacement Trust Fund established under subsection (b)(1) of that section; and (C) the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund established under subsection (c)(2) of that section. ; and (8) by adding at the end the following: (33) Working Cost Estimate The term Working Cost Estimate NGWSP October 2022 WCE . 3. Navajo-Gallup water supply project (a) Authorization of Navajo-Gallup water supply project Section 10602 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 (1) in subsection (a)— (A) in the subsection heading, by striking In general Authorization (B) by striking The Secretary (1) In general The Secretary ; (C) in paragraph (1) (as so designated), by striking Draft Impact Statement Final Environmental Impact Statement, as further refined in, and including the facilities identified in, the Working Cost Estimate and any subsequent supplemental documents prepared in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (D) by adding at the end the following: (2) Additional service areas (A) Findings Congress finds that— (i) expanding the Project Service Area would create opportunities to increase service for additional Nation Tribal members and would not increase the cost of the Project beyond authorization levels described in section 10609(a); and (ii) the unit operations and maintenance costs of the Project would be reduced by adding more customers to the Project. (B) Authorizations for additional Project Service Areas (i) New Mexico In addition to delivering water supply from the Project to the Nation communities in the San Juan River Basin, the Nation may expand the Project Service Area in order to deliver water supply from the Project to communities of the Nation within the Rio San Jose Basin, New Mexico. (ii) Arizona In addition to delivering water supply from the Project to the Nation communities of Fort Defiance and Window Rock, Arizona, and subject to section 10603(c)(1), the Nation may expand the Project Service Area in order to deliver water supply from the Project to the Nation community of Lupton, Arizona, within the Little Colorado River Basin, Arizona. ; (2) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by inserting acquire, construct, (ii) by striking Draft Impact Statement Final Environmental Impact Statement, as further refined in, and including the facilities identified in, the Working Cost Estimate and any subsequent supplemental documents prepared in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) by striking paragraph (1) and inserting the following: (1) The water conveyance and storage facilities associated with the San Juan Generating Station (the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico), including the diversion dam, the intake structure, the river pumping plant, the pipeline from the river to the reservoir, the dam and associated reservoir, and any associated land, or interest in land, or ancillary features. ; (C) in paragraph (2)(A)— (i) by striking River near Kirtland, New Mexico, Generating Station Reservoir (ii) by inserting generally follows United States Highway 491 (D) in paragraph (3)(A), by inserting generally follows United States Highway 550 (E) in paragraph (5), by inserting (including any reservoir facility) treatment facility (3) in subsection (c)— (A) in the subsection heading, by inserting and Facilities Land (B) in paragraph (1), by striking any land or interest in land that is any land or facilities, or interest in land or facilities, that are (C) by adding at the end the following: (4) Land to be taken into trust (A) In general On satisfaction of the conditions described in paragraph (7) of the Agreement and after the requirements of sections 10701(e) and 10703 are met, the Secretary shall take legal title to the following land and, subject to subparagraph (D), hold that land in trust for the benefit of the Nation: (i) Fee land of the Nation, including— (I) the parcels of land on which the Tohlakai Pumping Plant, Reach 12A and Reach 12B, are located, including, in McKinley County, New Mexico— (aa) sec. 5, T. 16 N., R. 18 W., New Mexico Prime Meridian; and (bb) sec. 33, T. 17 N., R. 17 W., New Mexico Prime Meridian (except lot 9 and the NW 1/4 (II) the parcel of land on which Reach 12.1 is located, including— (aa) NW 1/4 1/4 (bb) N 1/2 (cc) sec. 12, T. 16 N., R. 20 W.; and (III) the parcel of land on which Reach 12.2 is located, including NW 1/4 (ii) Public domain land managed by the Bureau of Land Management, including— (I) the parcel of land on which the Cutter Lateral Water Treatment Plant is located, including S 1/2 (II) the parcel of land on which the Navajo Agricultural Products Industry turnout is located, including NW 1/4 1/4 (iii) The land underlying the San Juan Generating Station (the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico) acquired by the United States, as described in subsection (b)(1). (B) Part of Navajo Nation The land taken into trust under subparagraph (A) shall be part of the Navajo Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for the benefit of an Indian Tribe. (C) Restrictions (i) Fee land of the nation The fee land of the Nation taken into trust under subparagraph (A)(i) shall be subject to valid existing rights, contracts, and management agreements, including easements and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (ii) Public domain land (I) In general The public domain land managed by the Bureau of Land Management taken into trust under subparagraph (A)(ii) shall be subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (II) BIA assumption of benefits and obligations The Bureau of Indian Affairs shall— (aa) assume all benefits and obligations of the previous land management agency under the existing rights, contracts, leases, permits, or rights-of-way described in subclause (I); and (bb) disburse to the Nation any amounts that accrue to the United States from those rights, contracts, leases, permits, or rights-of-ways after the date on which the land described in clause (ii) of subparagraph (A) is taken into trust for the benefit of the Nation from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Nation. (iii) Land underlying the San Juan Generating Station (I) In general The land underlying the San Juan Generating Station (the coal-fired, 4-unit electric power plant and ancillary features located by the San Juan Mine near Waterflow, New Mexico) taken into trust under subparagraph (A)(iii) shall be subject to a perpetual easement on and over all of the land underlying the San Juan Generating Station reserved to the United States for use by the Bureau of Reclamation and its contractors and assigns— (aa) for ingress and egress; (bb) to continue construction of the Project; and (cc) for operation and maintenance of Project facilities located on that land. (II) Reserved perpetual easement The reserved perpetual easement described in subclause (I) shall remain vested in the United States unless title to the Project facilities and appropriate interests in land are conveyed pursuant to subsection (f). (D) Savings clause Nothing in this paragraph affects any— (i) water right of the Nation in existence on the day before the date of enactment of the Navajo-Gallup Water Supply Project Amendments Act of 2023 (ii) right or claim of the Nation to any land or interest in land in existence on the day before the date of enactment of the Navajo-Gallup Water Supply Project Amendments Act of 2023 ; (4) in subsection (d)(1)(D), by striking Draft Final Environmental (5) in subsection (e)— (A) by striking The Secretary (1) In general The Secretary ; and (B) by adding at the end the following: (2) Renewable energy and hydroelectric power (A) Renewable energy For any portion of the Project that does not have access to Colorado River Storage Project power, the Secretary may use not more than $6,250,000 of the amounts made available under section 10609(a)(1) to develop renewable energy. (B) Hydroelectric power Notwithstanding whether a Project facility has access to Colorado River Storage Project power, the Secretary may use not more than $1,250,000 of the $6,250,000 authorized to be used to develop renewable energy under subparagraph (A) to develop hydroelectric power for any Project facility that can use hydraulic head to produce electricity. ; (6) in subsection (h)(1), in the matter preceding subparagraph (A), by inserting , store, treat (7) by adding at the end the following: (i) Deferred construction of Project facilities (1) Deferred construction of Project facilities On mutual agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, construction of selected Project facilities may be deferred to save operation and maintenance expenses associated with that construction. (2) Deferred Construction Fund (A) Establishment There is established in the Treasury a fund, to be known as the Navajo Nation’s Navajo-Gallup Water Supply Project Deferred Construction Fund (i) amounts that correspond to portions of the Project that have been deferred under paragraph (1); and (ii) any interest or other gains on amounts referred to in clause (i). (B) Use of the Deferred Construction Fund The Nation may use amounts in the Deferred Construction Fund— (i) to construct Project facilities that have been deferred under paragraph (1); or (ii) to construct alternate facilities agreed on under subparagraph (C). (C) Alternate facilities consistent with the purpose of the Project On agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, and in compliance with all applicable environmental and cultural resource protection laws, facilities other than those previously agreed to be deferred under paragraph (1) may be constructed if those alternate facilities are consistent with the purposes of the Project described in section 10601. (3) Amounts to be deposited Funds allocated from the amounts made available under section 10609(a)(1) to build facilities referred to in paragraph (1) shall be deposited into the Deferred Construction Fund. (4) Adjustments On deposit of amounts into the Deferred Construction Fund under paragraph (3), the adjustments to authorized appropriations under section 10609(a)(2) shall no longer apply to those amounts. (5) Deadline to construct Project facilities On deposit of all amounts into the Deferred Construction Fund for construction of Project facilities agreed on under paragraph (1), the Secretary shall be deemed to have met the obligation under section 10701(e)(1)(A)(ix). (6) Future construction of Project facilities On agreement between the Nation and the Secretary, and the Jicarilla Apache Nation if the deferred Project facilities benefit the Jicarilla Apache Nation, the Nation shall use amounts deposited into the Deferred Construction Fund to construct— (A) Project facilities deferred under paragraph (1); or (B) alternate Project facilities described in paragraph (2)(C). . (b) Delivery and use of Navajo-Gallup water supply project water Section 10603 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 (1) in subsection (a)(3)(B)— (A) in clause (i), by inserting or, if generated on City-owned facilities, by the City the Nation (B) in clause (ii), by inserting , except that the City shall retain all revenue from the sale of hydroelectric power that is generated on City-owned facilities hydroelectric power (2) in subsection (g)(2), by striking , except as provided in section 10604(f) (c) Project contracts Section 10604 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 (1) in subsection (a)(4), by striking Subject to subsection (f), the The (2) in subsection (b)(3)— (A) in subparagraph (A), by striking subparagraph (B) subparagraphs (B) and (C) (B) in subparagraph (B)— (i) in the subparagraph heading, by striking Minimum percentage Maximum percentage (ii) by striking at least 25 percent not more than 25 percent (iii) by striking , but shall in no event exceed 35 percent (C) by adding at the end the following: (C) Maximum repayment obligation The repayment obligation of the City referred to in subparagraphs (A) and (B) shall not exceed $76,000,000. ; (3) in subsection (c)(1)(B), by inserting subsection (f) and section 10603(g) (4) in subsection (d)(1), by striking Draft Final Environmental (5) in subsection (e), by striking Draft Final Environmental (6) by striking subsection (f); and (7) by redesignating subsection (g) as subsection (f). (d) Authorization of appropriations Section 10609 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 (1) in subsection (a)— (A) in paragraph (1), by striking $870,000,000 for the period of fiscal years 2009 through 2024 $2,175,000,000 for the period of fiscal years 2009 through 2029 (B) by striking paragraph (2) and inserting the following: (2) Adjustments (A) In general The amount under paragraph (1) shall be adjusted by such amounts as may be required— (i) by reason of changes since October 2022 in construction cost changes in applicable regulatory standards, as indicated by engineering cost indices applicable to the types of construction involved; and (ii) to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices described in clause (i), as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (B) Deferred Construction Fund Amounts deposited in the Deferred Construction Fund shall not be adjusted pursuant to this paragraph. ; and (C) in paragraph (4)(B), by striking 10 years 15 years (2) in subsection (b)— (A) in paragraph (1), by striking $30,000,000, as adjusted under paragraph (3), for the period of fiscal years 2009 through 2019 $37,500,000, as adjusted under paragraph (4), for the period of fiscal years 2009 through 2032 (B) in paragraph (2), by striking 2024 2032 (C) in paragraph (3), by striking The amount under paragraph (1) The amount under paragraphs (1) and (2) (e) Taxation of construction, operation, and maintenance of Project facilities Part III of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 10610. Taxation of construction, operation, and maintenance of Project facilities (a) Nation land Any activity constituting the construction, operation, or maintenance of Project facilities— (1) shall, if the activity takes place on land that is held in trust by the United States for the benefit of the Nation, be subject to taxation by the Nation; and (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by any State or political subdivision of a State. (b) Other land Any activity constituting the construction, operation, or maintenance of Project facilities— (1) shall, if the activity takes place on land other than the land described in subsection (a)(1), be subject to taxation by the State in which the land is located, or by a political subdivision of that State to the extent authorized by the laws of that State; and (2) shall not be subject to any fee, tax, assessment, levy, or other charge imposed by the Nation. . 4. Navajo Nation water rights (a) Agreement Section 10701(e) of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 (1) in paragraph (1)(A)— (A) by striking clause (vii) and inserting the following: (vii) Navajo nation water resources development trust fund Not later than December 31, 2019, the United States shall make all deposits into the Navajo Nation Water Resources Development Trust Fund established by section 10702(a)(1). ; (B) in clause (ix), by striking 2024 2029 (C) by adding at the end the following: (x) Deferred Construction Fund (I) In general Not later than December 31, 2029, the United States shall make all deposits into the Deferred Construction Fund in accordance with section 10602(i)(3). (II) Project deadline On deposit of the amounts into the Deferred Construction Fund under subclause (I), even if certain Project facilities have not yet been constructed, the Secretary shall be deemed to have met the deadline described in clause (ix). ; and (2) in paragraph (2)(B)— (A) in clause (i), by striking Trust Fund Settlement Trust Funds (B) in clause (ii), by striking Trust Fund Settlement Trust Funds (b) Settlement trust funds Section 10702 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 10702. Settlement trust funds (a) Navajo nation water resources development trust fund (1) Establishment There is established in the Treasury a fund, to be known as the Navajo Nation Water Resources Development Trust Fund (A) such amounts as are appropriated to the Navajo Nation Water Resources Development Trust Fund under paragraph (5); and (B) any interest earned on investment of amounts in the Navajo Nation Water Resources Development Trust Fund under paragraph (3). (2) Use of funds The Nation may use amounts in the Navajo Nation Water Resources Development Trust Fund— (A) to investigate, construct, operate, maintain, or replace water project facilities, including facilities conveyed to the Nation under this subtitle and facilities owned by the United States for which the Nation is responsible for operation, maintenance, and replacement costs; and (B) to investigate, implement, or improve a water conservation measure (including a metering or monitoring activity) necessary for the Nation to make use of a water right of the Nation under the Agreement. (3) Investment Beginning on October 1, 2019, the Secretary shall invest amounts in the Navajo Nation Water Resources Development Trust Fund in accordance with subsection (e). (4) Investment earnings Any investment earnings, including interest, credited to amounts held in the Navajo Nation Water Resources Development Trust Fund are authorized to be used in accordance with paragraph (2). (5) Authorization of appropriations There are authorized to be appropriated for deposit in the Navajo Nation Water Resources Development Trust Fund— (A) $6,000,000 for each of fiscal years 2010 through 2014; and (B) $4,000,000 for each of fiscal years 2015 through 2019. (6) Availability Any amount authorized to be appropriated to the Navajo Nation Water Resources Development Trust Fund under paragraph (5) shall not be available for expenditure or withdrawal— (A) before December 31, 2019; and (B) until the date on which the court in the stream adjudication has entered— (i) the Partial Final Decree; and (ii) the Supplemental Partial Final Decree. (7) Management The Secretary shall manage the Navajo Nation Water Resources Development Trust Fund in accordance with subsection (d). (8) Conditions for expenditure and withdrawal After the funds become available pursuant to paragraph (6), all expenditures and withdrawals by the Nation of funds in the Navajo Nation Water Resources Development Trust Fund must comply with the requirements of subsection (f). (b) Navajo nation operations, maintenance, and replacement trust fund (1) Establishment The Secretary shall establish a trust fund to be known as the Navajo Nation Operations, Maintenance, and Replacement Trust Fund (2) Use of funds The Nation may use amounts in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund to pay operations, maintenance, and replacement costs of the Project allocable to the Nation under section 10604. (3) Authorization of appropriations There are authorized to be appropriated for deposit in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund $250,000,000. (4) Investment Upon deposit of funding into the Navajo Nation Operations, Maintenance, and Replacement Trust Fund pursuant to paragraph (3), the Secretary shall invest amounts deposited in accordance with subsection (e). (5) Investment earnings Any investment earnings, including interest, credited to amounts held in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund are authorized to be used in accordance with paragraph (2). (6) Availability Any amount authorized to be appropriated to the Navajo Nation Operations, Maintenance, and Replacement Trust Fund under paragraph (3) shall not be available for expenditure or withdrawal until the Nation is responsible for payment of operation, maintenance, and replacement costs as set forth in section 10603(g). (7) Fluctuation in costs (A) In general The amounts authorized to be appropriated under paragraph (3) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index. (B) Repetition The adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (C) Period of indexing The period of indexing adjustment under this subparagraph for any increment of funding shall end on the date on which the funds are deposited into the Navajo Nation Operations, Maintenance, and Replacement Trust Fund. (8) Management The Secretary shall manage the Navajo Nation Operations, Maintenance, and Replacement Trust Fund in accordance with subsection (d). (9) Conditions for expenditure and withdrawal All expenditures and withdrawals by the Nation of funds in the Navajo Nation Operations, Maintenance, and Replacement Trust Fund must comply with the requirements of subsection (f). (c) Jicarilla apache nation operations, maintenance, and replacement trust fund (1) Prerequisite to establishment Prior to establishment of the trust fund under paragraph (2), the Secretary shall conduct an Ability to Pay study to determine what operation, maintenance, and replacement costs of that section of the Project serving the Jicarilla Apache Nation are in excess of the ability of the Jicarilla Apache Nation to pay. (2) Establishment Upon completion of the Ability to Pay study as set forth in paragraph (1), the Secretary shall establish a trust fund to be known as the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund (3) Use of funds The Jicarilla Apache Nation may use amounts in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund to pay operations, maintenance, and replacement costs of the Project allocable to the Jicarilla Nation under section 10604. (4) Authorization of appropriations There are authorized to be appropriated for deposit in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund the amounts the Secretary has determined are in excess of the ability of the Jicarilla Apache Nation to pay in the Ability to Pay study required under paragraph (1) up to a maximum of $10,000,000. (5) Investment Upon deposit of funding into the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund pursuant to paragraph (4), the Secretary shall invest amounts in the fund in accordance with subsection (e). (6) Investment earnings Any investment earnings, including interest, credited to amounts held in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund are authorized to be used in accordance with paragraph (3). (7) Availability Any amount authorized to be appropriated to the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund under paragraph (4) shall not be available for expenditure or withdrawal until the Jicarilla Apache Nation is responsible for payment of operation, maintenance, and replacement costs as set forth in section 10603(g). (8) Fluctuation in costs (A) In general The amounts authorized to be appropriated under paragraph (4) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after October 2022 as indicated by the Bureau of Reclamation Operation and Maintenance Cost Index. (B) Repetition The adjustment process under this subparagraph shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (C) Period of indexing The period of indexing adjustment under this subparagraph for any increment of funding shall end on the date on which the funds are deposited into the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund. (9) Management The Secretary shall manage the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund in accordance with subsection (d). (10) Conditions for expenditure and withdrawal All expenditures and withdrawals by the Jicarilla Apache Nation of funds in the Jicarilla Apache Nation Operations, Maintenance, and Replacement Trust Fund must comply with the requirements of subsection (f). (d) Management The Secretary shall manage the Settlement Trust Funds, invest amounts in the Settlement Trust Funds pursuant to subsection (e), and make amounts available from the Settlement Trust Funds for distribution to the Nation and the Jicarilla Apache Nation in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (e) Investment of the trust funds The Secretary shall invest amounts in the Settlement Trust Funds in accordance with— (1) the Act of April 1, 1880 ( 25 U.S.C. 161 (2) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a (3) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (f) Conditions for expenditures and withdrawals (1) Tribal management plan (A) In general On approval by the Secretary of a Tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (B) Requirements In addition to any requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (2) Enforcement The Secretary may take judicial or administrative action to enforce the provisions of any Tribal management plan to ensure that any amounts withdrawn from the Settlement Trust Funds are used in accordance with this subtitle. (3) No liability The Secretary or the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Settlement Trust Funds by the Nation or the Jicarilla Apache Nation. (4) Expenditure plan (A) In general The Nation and Jicarilla Apache Nation shall submit to the Secretary for approval an expenditure plan for any portion of the amounts in the Settlement Trust Funds made available under this section that the Nation or the Jicarilla Apache Nation does not withdraw under this subsection. (B) Description An expenditure plan submitted under subparagraph (A) shall describe the manner in which, and the purposes for which, funds of the Nation or the Jicarilla Apache Nation remaining in the Settlement Trust Funds will be used. (C) Approval On receipt of an expenditure plan under subparagraph (A), the Secretary shall approve the plan if the Secretary determines that the plan is reasonable and consistent with this subtitle. (5) Annual report The Nation and Jicarilla Apache Nation shall submit to the Secretary an annual report that describes any expenditures from the Settlement Trust Funds during the year covered by the report. (6) Limitation No portion of the amounts in the Settlement Trust Funds shall be distributed to any Nation or Jicarilla Apache Nation member on a per capita basis. . (c) Waivers and releases Section 10703 of the Northwestern New Mexico Rural Water Projects Act ( Public Law 111–11 (1) in subsection (d)(1)(A), by striking 2025 2030 (2) in subsection (e)(2), in the matter preceding subparagraph (A), by striking 2025 2030

Navajo-Gallup Water Supply Project Amendments Act of 2023

China Oil Export Prohibition Act of 2023 This bill prohibits the exportation of petroleum products to China. Petroleum product means crude oil, refined oil or a refined oil product, residual fuel oil, or any other petroleum product. The prohibition does not apply to (1) natural gas or any natural gas liquid product, or (2) petroleum products that are in transport when the prohibition takes effect (which is 10 days after the bill's enactment).

94 S190 IS: China Oil Export Prohibition 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. 190 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To amend the Energy Policy and Conservation Act to prohibit exports of crude and refined oil and certain petroleum products to the People’s Republic of China. 1. Short title This Act may be cited as the China Oil Export Prohibition Act of 2023 2. Prohibition on export of crude and refined oil and certain petroleum products to the People’s Republic of China (a) In general The Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. 102. Prohibition on export of certain petroleum products to the People’s Republic of China (a) In general Notwithstanding any other provision of law, no petroleum product described in subsection (b) that is produced in the United States may be exported from the United States to the People’s Republic of China. (b) Petroleum product described A petroleum product referred to in subsection (a) is— (1) crude oil; (2) refined oil or a refined oil product; (3) residual fuel oil; or (4) any other petroleum product (other than natural gas or any natural gas liquid product). (c) Applicability (1) Petroleum products in transport Subsection (a) shall not apply to any petroleum product described in subsection (b) that is in the process of being transported from the United States to the People’s Republic of China as of the date on which the prohibition under that subsection takes effect pursuant to subsection (d). (2) Natural gas Subsection (a) does not apply to natural gas or any natural gas liquid product. (d) Effective date The prohibition described in subsection (a) shall take effect on the date that is 10 days after the date of enactment of the China Oil Export Prohibition Act of 2023 . (b) Clerical amendment The table of contents for the Energy Policy and Conservation Act ( Public Law 94–163 Sec. 102. Prohibition on export of certain petroleum products to the People’s Republic of China. . (c) Conforming amendment Section 101(b) of division O of the Consolidated Appropriations Act, 2016 ( 42 U.S.C. 6212a(b) and section 102 of the Energy Policy and Conservation Act subsections (c) and (d)

China Oil Export Prohibition Act of 2023

Tracking Bad Actors Act of 2023 This bill requires federal financial regulators to jointly publish a database of persons convicted or held liable in criminal, civil, or administrative actions regarding financial services that are brought by federal financial regulators, the Department of Justice, certain self-regulating organizations, or state or local agencies that voluntarily submit such information. The Government Accountability Office must report on the database five years after the database is operational.

118 S1900 IS: Tracking Bad Actors Act of 2023 U.S. Senate 2023-06-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1900 IN THE SENATE OF THE UNITED STATES June 8, 2023 Mr. Kennedy Ms. Lummis Committee on Banking, Housing, and Urban Affairs A BILL To require Federal financial regulators to create a publicly available database for certain bad actors, and for other purposes. 1. Short title This Act may be cited as the Tracking Bad Actors Act of 2023 2. Definition In this Act, the term Federal financial regulator (1) the Commodity Futures Trading Commission; (2) the Securities and Exchange Commission; (3) the Office of the Comptroller of the Currency; (4) the Federal Deposit Insurance Corporation; (5) the Financial Industry Regulatory Agency; and (6) the Public Company Accounting Oversight Board. 3. Database (a) In general Not later than 3 years after the date of enactment of this Act, the Federal financial regulators shall jointly establish a publicly available database of persons convicted or held liable in criminal, civil, and administrative actions relating to financial services brought by— (1) any Federal financial regulator, to the greatest extent practicable; (2) the Department of Justice; (3) any self-regulatory organization or similar entity overseen by a Federal financial regulator if required by such regulator; or (4) any State or local criminal or regulatory agency that voluntarily submits information to the database. (b) Oversight The Securities and Exchange Commission shall be the lead agency responsible for oversight of the database established under subsection (a). (c) Free access The information in the database established under subsection (a) shall be free of charge to the public. (d) Operation The database established under subsection (a) shall be operated by a Federal agency or maintained by a third party. (e) Expungement Any agency who submits information to the database under subsection (a) shall expunge any enforcement action brought by the agency if the action is— (1) overturned upon judicial review; or (2) withdrawn by the agency. (f) Reports (1) Federal financial regulators The Federal financial regulators shall jointly submit to Congress an annual report on the database during the period beginning on the date of enactment of this Act and ending on the date on which the database is operational. (2) GAO report Not later than 5 years after the date on which the database is operational, the Comptroller General of the United States shall submit to Congress a report on the database.

Tracking Bad Actors Act of 2023

Hydrogen Aviation Strategy Act This bill directs the Federal Aviation Administration (FAA) and the Department of Energy (DOE) to exercise leadership in the creation of federal and international policies relating to the safe and efficient use of hydrogen to increase aviation decarbonization and reduce air and noise pollution. For example, the FAA and DOE must establish positions and goals for the use of hydrogen to increase aviation decarbonization; study (through grants, contracts, or interagency agreements) how the use of hydrogen would contribute to aviation decarbonization and air and noise pollution; study ways of accelerating the introduction of hydrogen-powered aircraft; and establish an advisory committee composed of representatives of the National Aeronautics and Space Administration, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders to advise the Department of Transportation, the FAA, and DOE on related activities. The FAA must also exercise leadership in the creation of federal regulations, standards, and guidance relating to the safe and efficient use of hydrogen to increase aviation decarbonization and reduce air and noise pollution.

118 S1902 IS: Hydrogen Aviation Strategy Act U.S. Senate 2023-06-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1902 IN THE SENATE OF THE UNITED STATES June 8, 2023 Mr. Ossoff Mr. Graham Committee on Commerce, Science, and Transportation A BILL To require the Administrator of the Federal Aviation Administration and the Secretary of Energy to exercise leadership in the creation of Federal and international policies relating to the safe and efficient use of hydrogen to increase aviation decarbonization and reduce air and noise pollution, and for other purposes. 1. Short title This Act may be cited as the Hydrogen Aviation Strategy Act 2. FAA and Department of Energy leadership on using hydrogen to increase aviation decarbonization (a) In general The Secretary of Transportation, acting primarily through the Administrator of the Federal Aviation Administration (in this Act referred to as the Administrator (b) Exercise of leadership In carrying out subsection (a), the Secretary of Transportation, the Administrator, and the Secretary of Energy shall— (1) establish positions and goals for the use of hydrogen to increase aviation decarbonization; (2) through grant, contract, or interagency agreements, study the contribution the use of hydrogen would have on aviation decarbonization, including hydrogen as an input for conventional jet fuel, sustainable aviation fuel, and power to liquids or synthetic fuel, and on air pollution and noise pollution, and study ways of accelerating introduction of hydrogen-powered aircraft; (3) review grant eligibility requirements and other policies and requirements of the Federal Aviation Administration and the Department of Energy to identify ways to increase the use of hydrogen; (4) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, and other stakeholders when creating policies that enable the safe commercial deployment of hydrogen in aviation; (5) obtain input from the National Aeronautics and Space Administration, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders regarding— (A) the efficient use of hydrogen to decarbonize aviation within United States airspace, including— (i) updating or modifying existing policies on such use; (ii) barriers to, and benefits of, the introduction of aircraft powered with hydrogen; (iii) the operational differences between aircraft powered with hydrogen and aircraft powered with other types of fuels; (iv) impacts on aircraft emissions; and (v) public, economic, and noise benefits of the operation of aircraft powered with hydrogen and associated aerospace industry activity; and (B) other issues identified by the Secretary of Transportation, the Administrator, the Secretary of Energy, or the advisory committee established under paragraph (6) that must be addressed to enable the safe and expeditious commercial deployment and safe and efficient operation of aircraft powered with hydrogen; and (6) establish an advisory committee composed of representatives of the National Aeronautics and Space Administration, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders to advise the Secretary of Transportation, the Administrator, and the Secretary of Energy on the activities carried out under this section and section 3. (c) International leadership The Secretary of Transportation, the Administrator, and the Secretary of Energy, in the appropriate international forums, shall take actions that— (1) demonstrate global leadership in carrying out the activities required by subsections (a) and (b); (2) address the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders identified under subsection (b); and (3) preserve the United States aviation competitiveness. (d) Report to Congress Not later than 1 year after the date of enactment of this section, the Secretary of Transportation, acting primarily through the Administrator, and jointly with the Secretary of Energy, shall submit to the appropriate committees of Congress a report detailing— (1) the Secretary of Transportation's, Administrator’s, and Secretary of Energy’s actions to exercise leadership in the creation of Federal and international policies, and of studies conducted, relating to the safe and efficient use of hydrogen to increase aviation decarbonization and improve air and noise pollution; (2) planned, proposed, and anticipated actions to update or modify existing policies related to hydrogen in the aviation sector, including those identified as a result of consultation with, and feedback from, the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders; and (3) a timeline for any actions to be taken to update or modify existing policies related to hydrogen. 3. FAA leadership on the certification of hydrogen-powered aircraft to increase aviation decarbonization (a) In general The Administrator shall exercise leadership in the creation of Federal regulations, standards, and guidance relating to the safe and efficient use of hydrogen to increase aviation decarbonization, and reduce air and noise pollution. (b) Exercise of Leadership In carrying out subsection (a), the Administrator shall— (1) establish a viable path for the certification of hydrogen-powered aircraft that considers existing frameworks; (2) review certification regulations and other requirements of the Federal Aviation Administration to identify ways to facilitate the use of hydrogen; (3) consider the needs of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders when creating regulations and standards that enable the safe commercial deployment of hydrogen in aviation; and (4) obtain the input of the aerospace industry, aviation suppliers, hydrogen producers, airlines, airport sponsors, fixed base operators, and other stakeholders regarding— (A) the appropriate regulatory framework and timeline for permitting the safe and efficient use of hydrogen within United States airspace, including updating or modifying existing regulations on such use; (B) how to accelerate the resolution of issues related to standards and regulations for the type certification and safe operation of aircraft powered with hydrogen; and (C) other issues identified by the Administrator or the advisory committee established under section 2(b)(6) that must be addressed to enable the safe and expeditious commercial deployment and safe and efficient operation of aircraft powered with hydrogen.

Hydrogen Aviation Strategy Act

China Trade Cheating Restitution Act of 2023 This bill requires the deposit into special accounts of certain interest earned on antidumping and countervailing duties collected by U.S. Customs and Border Protection on or after October 1, 2000. Currently, the applicable date is October 1, 2014. Amounts in special accounts are distributed to affected domestic producers.

118 S1904 IS: China Trade Cheating Restitution Act of 2023 U.S. Senate 2023-06-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1904 IN THE SENATE OF THE UNITED STATES June 8, 2023 Mr. Tester Mr. Cassidy Mr. Grassley Mr. Thune Ms. Stabenow Committee on Finance A BILL To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties, and for other purposes. 1. Short title This Act may be cited as the China Trade Cheating Restitution Act of 2023 2. Modification of description of interest for purposes of certain distributions of antidumping duties and countervailing duties (a) In general Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4401(c)(1) (1) by striking subparagraphs (A) and (B); and (2) by striking October 1, 2014, by U.S. Customs and Border Protection under, or in connection with— October 1, 2000, by U.S. Customs and Border Protection. (b) Funding In carrying out the amendments made by subsection (a), the Commissioner of U.S. Customs and Border Protection may use amounts available in the Refund of Moneys Erroneously Received and Covered

China Trade Cheating Restitution Act of 2023

Judicial Ethics and Anti-Corruption Act of 2023 This bill makes various changes to the federal framework governing judicial ethics. Among the changes, the bill prohibits federal judges and Supreme Court Justices from owning individual stocks and securities; requires the Judicial Conference of the United States to issue regulations restricting the solicitation or acceptance of gifts in connection with a private judicial seminar; expresses the sense of Congress that the Code of Conduct for U.S. Judges shall apply to Supreme Court Justices; requires federal judges and Supreme Court Justices to report on each association or interest that would require recusal, including any financial interest of a spouse or minor child who resides in the household; and establishes a committee to review complaints against the Supreme Court.

118 S1908 IS: Judicial Ethics and Anti-Corruption Act of 2023 U.S. Senate 2023-06-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1908 IN THE SENATE OF THE UNITED STATES June 8, 2023 Ms. Warren Mr. Markey Mr. Wyden Mr. Sanders Ms. Smith Mr. Merkley Mr. Padilla Mr. Cardin Committee on the Judiciary A BILL To establish judicial ethics. 1. Short title This Act may be cited as the Judicial Ethics and Anti-Corruption Act of 2023 2. Conflicts of interest rules for judges and justices and nonconflicted Federal employee investment accounts (a) Required divestments of conflicted assets (1) Stocks and securities No judge or justice may own an interest in or trade (except a divestment required or approved by the Judicial Conference of the United States) any stock, bond, commodity, future, and other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle, except nonconflicted assets allowed under subsection (b). (2) Commercial real estate No judge or justice may maintain ownership in commercial real estate, unless ownership of such commercial real estate is necessary for an entity described in paragraph (4)(C). (3) Trusts (A) In general No judge or justice may maintain a financial interest in any trust, including a family trust, if the Judicial Conference of the United States determines that the trust includes any— (i) asset that might present a conflict of interest; or (ii) stock, bond, commodity, future, and other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle, except nonconflicted assets allowed under subsection (b). (B) Exception Subparagraph (A) shall not apply to a trust described in section 13104(f)(2) of title 5, United States Code. (4) Businesses and companies (A) Privately owned or closely held corporation No judge or justice may maintain ownership in a privately owned or closely held corporation, company, firm, partnership, or other business enterprise. (B) Board members No judge or justice may serve on the board of directors of any for-profit entity, including any corporation, company, firm, partnership, or other business enterprise. (C) Exception Subparagraphs (A) and (B) shall not apply to a corporation, company, firm, partnership, or other business enterprise that has gross receipts for the previous taxable year of less than $5,000,000. (b) Nonconflicted assets (1) In general A judge or justice may maintain assets that do not present a conflict of interest, including— (A) a widely held investment fund— (i) described in section 13104(f)(8) of title 5, United States Code; (ii) that meets the requirements described in paragraph (2); and (iii) that is diversified because the fund does not have a stated policy of concentrating the investments of the fund in any industry, business, single country other than the United States, or bonds of any single State; (B) noncommercial real estate, including real estate used solely as a personal residence; (C) cash, certificates of deposit, or other forms of savings accounts; (D) a federally managed asset, including— (i) financial interests in or income derived from— (I) any retirement system under title 5, United States Code (including the Thrift Savings Plan under subchapter III of chapter 84 of such title); or (II) any other retirement system maintained by the United States for officers or employees of the United States, including the President, or for members of the uniformed services; (ii) benefits received under the Social Security Act ( 42 U.S.C. 301 et seq. (iii) an asset in the Federal Employee Investment Account described in paragraph (3); (E) bonds, bills, and notes issued by governmental sources, such as the Federal Government, State, or other municipality; (F) shares of Settlement Common Stock issued under section 7(g)(1)(A) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(g)(1)(A) (G) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 (2) Widely held investment fund requirements A judge or justice may not maintain a widely held investment fund described in section 13104(f)(8) of title 5, United States Code, unless— (A) the widely held investment fund is— (i) diversified, as described in paragraph (1)(A)(iii); and (ii) registered as a management company under the Investment Company Act of 1940 ( 15 U.S.C. 80a–1 et seq. (B) the widely held investment fund does not present a conflict of interest; and (C) any instructions to a manager of the widely held investment fund are shared with the Judicial Conference of the United States. (3) Federal Employee Investment Account Section 8472 of title 5, United States Code, is amended— (A) in subsection (f)— (i) in paragraph (2), by striking and (ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (4) not later than 3 years after the date of enactment of this paragraph, establish Federal Employee Investment Accounts in the Treasury of the United States accounts for judges and justices to maintain investments in the stock and securities markets in which a judge or justice may— (A) sell an asset or security, including those assets or securities that present a conflict of interest under section 2(a) of the Judicial Ethics and Anti-Corruption Act of 2023 (B) withdraw funds from their Federal Employee Investment Account at any time; (5) act in the interest of the plan participants and beneficiaries of Federal Employee Investment Accounts when making decisions for the purpose of providing benefits to those participants and beneficiaries; (6) establish a new and parallel system for recordkeeping with respect to Federal Employee Investment Accounts; and (7) establish a Federal Employee Investment Fund to fully cover administrative costs associated with managing Federal Employee Investment Accounts, which— (A) shall be separate from the Thrift Savings Fund established under section 8437, except with respect to administrative costs for common resources; and (B) may be used for compensation to pay new employees, additional resources for information technology, additional call center capacity, and any other new capacity to handle the administration of Federal Employee Investment Accounts. ; (B) in subsection (g)(1)— (i) in subparagraph (C), by striking and (ii) by striking the period at the end and inserting ; and (iii) by adding at the end the following: (E) promulgate regulations for the administration of Federal Employee Investment Accounts. ; and (C) by adding at the end the following: (k) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to establish and maintain Federal Employee Investment Accounts established under subsection (f), including for the purpose of reducing any fees paid by participants in the Federal Employee Investment Accounts. . (c) Civil fines The Attorney General or the Special Counsel may bring a civil action in the appropriate United States district court against any judge or justice who engages in conduct constituting a violation of this section and, upon proof of such conduct by a preponderance of the evidence, such judge or justice shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this subsection does not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. 3. Clarification of gift ban (a) In general Section 7353 of title 5, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking anything of value a gift (2) in subsection (b)(2), by adding at the end the following: (C) The total monetary value of any gifts accepted by a Member, officer, or employee pursuant to subparagraph (A) as personal hospitality during any calendar year shall not exceed an amount equal to the dollar amount established under paragraph (1) of section 2503(b) ; and (3) in subsection (d)— (A) in paragraph (1), by striking and (B) in paragraph (2), by striking the period at the end and inserting ; and (C) by adding at the end the following: (3) the term gift . (b) Regulations The Judicial Conference of the United States shall promulgate regulations to carry out the amendment made by subsection (a) with respect to the judicial branch. 4. Restrict privately funded educational events and speeches (a) Judicial Education Fund (1) Establishment Chapter 42 630. Judicial Education Fund (a) Definitions In this section— (1) the term Board (2) the term Fund (3) the term institution of higher education Higher Education Act of 1965 20 U.S.C. 1001(a) (4) the term national bar association (5) the term private judicial seminar (A) means a seminar, symposia, panel discussion, course, or a similar event that provides continuing legal education to judges and justices; and (B) does not include— (i) seminars that last 1 day or less and are conducted by, and on the campus of, an institute of higher education; (ii) seminars that last 1 day or less and are conducted by a national bar association or State or local bar association for the benefit of the bar association membership; or (iii) seminars of any length conducted by, and on the campus of an institute of higher education or by a national bar association or State or local bar association, where a judge or justice is a presenter and at which judges and justices constitute less than 25 percent of the participants; and (6) the term State or local bar association (b) Fund There is established within the United States Treasury a fund to be known as the Judicial Education Fund (c) Use of amounts Amounts in the Fund may be made available for the payment of necessary expenses, including reasonable expenditures for transportation, food, lodging, private judicial seminar fees and materials, incurred by a judge or justice in attending a private judicial seminar approved by the Board. Necessary expenses shall not include expenditures for recreational activities or entertainment other than that provided to all attendees as an integral part of the private judicial seminar. Any payment from the Fund shall be approved by the Board. (d) Required information The Board may approve a private judicial seminar after submission of information by the sponsor of that private judicial seminar that includes— (1) the content of the private judicial seminar (including a list of presenters, topics, and course materials); and (2) the litigation activities of the sponsor (including any amicus briefs submitted by the sponsor) and the presenters at the private judicial seminar (including the litigation activities of the employer of each presenter) on the topic related to those addressed at the private judicial seminar. (e) Public availability If the Board approves a private judicial seminar, the Board shall make the information submitted under subsection (d) relating to the private judicial seminar available to judges, justices, and the public by posting the information online. (f) Guidelines The Judicial Conference shall promulgate guidelines to ensure that the Board only approves private judicial seminars that are conducted in a manner so as to maintain the public’s confidence in an unbiased and fair-minded judiciary. (g) Authorization of appropriations There are authorized to be appropriated for deposit in the Fund $3,000,000 for each of fiscal years 2023, 2024, and 2025, to remain available until expended. . (2) Technical and conforming amendment The table of sections for chapter 42 630. Judicial Education Fund. . (b) Private judicial seminar gifts prohibited (1) Definitions In this subsection— (A) the term gift (B) the term institution of higher education Higher Education Act of 1965 20 U.S.C. 1001(a) (C) the terms national bar association private judicial seminar State or local bar association (2) Regulations Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations to apply section 7353(a) of title 5, United States Code, to prohibit the solicitation or acceptance of a gift in connection with a private judicial seminar. (3) Exception The prohibition under the regulations promulgated under paragraph (2) shall not apply if— (A) the judge or justice participates in a private judicial seminar as a speaker, panel participant, or otherwise presents information; (B) Federal judges and justices are not the primary audience at the private judicial seminar; and (C) the gift accepted is— (i) reimbursement from the private judicial seminar sponsor of reasonable transportation, food, or lodging expenses on any day on which the judge or justice speaks, participates, or presents information, as applicable; (ii) attendance at the private judicial seminar on any day on which the judge or justice speaks, participates, or presents information, as applicable; or (iii) anything excluded from the definition of a gift under regulations of the Judicial Conference of the United States under sections 7351 and 7353 of title 5, United States Code, as in effect on the date of enactment of this Act. 5. Code of Conduct (a) Sense of Congress It is the sense of Congress that in order for justices and judges, both of the supreme and inferior courts, to hold their offices during good behaviour (b) Applicability The Code of Conduct for United States Judges adopted by the Judicial Conference of the United States shall apply to the justices of the Supreme Court of the United States to the same extent as such Code applies to circuit and district judges. (c) Enforcement The Judicial Conference shall establish procedures, modeled after the procedures set forth in chapter 16 (1) complaints alleging that a justice of the Supreme Court of the United States has violated the Code of Conduct referred to in subsection (a) may be filed with or identified by the Conference; (2) such material, nonfrivolous complaints and any accompanying material are immediately referred to the Supreme Court Review Committee established in section 10; and (3) further action, where appropriate, is taken by the Conference, with respect to such complaints. (d) Submission to Congress; effective date (1) Submission to congress Not later than 180 days after the date of enactment of this Act, the Judicial Conference shall submit to Congress the procedures established under subsection (b). (2) Effective date The procedures established under subsection (b) shall take effect 1 year after the date of enactment of this Act. 6. Improving disclosure (a) Recusal decisions Section 455 of title 28, United States Code, is amended by adding at the end the following: (g) Recusal lists (1) Each justice, judge, and magistrate judge of the United States shall maintain and submit to the Judicial Conference a list of each association or interest that would require the justice, judge, or magistrate to be recused under subsection (b)(4), including any financial interests of the judge, the spouse of the judge, or any minor child of the judge residing in the household of the judge. (2) The Judicial Conference shall maintain and make publicly available online, at no cost, each list required under this subsection that is filed with the Judicial Conference in a format that is searchable, sortable, machine-readable, downloadable, and accessible format, and accessible in multiple languages and to individuals with disabilities. (3) The Judicial Conference may issue public or private guidance to justices, judges, and magistrate judges of the United States regarding the contents of the lists under this subsection to ensure such lists comply with the disqualification requirements of (b)(4). . (b) Speeches (1) In general Each justice, judge, and magistrate judge of the United States shall maintain and submit to the Judicial Conference of the United States a copy of each speech or other significant oral communication made by the justice, judge, or magistrate. (2) Availability The Judicial Conference of the United States shall maintain and make each speech or other significant oral communication submitted under paragraph (1) available to the public in printed form, upon request, and online, at no cost, in a format that is searchable, sortable, machine-readable, downloadable, and accessible in multiple languages and to individuals with disabilities. (3) Regulations Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations regarding the types of oral communications that are required to be maintained, submitted, and made publicly available under this subsection. (c) Livestreaming judicial proceedings (1) Definition In this section, the term appellate court of the United States (2) Streaming of court proceedings In accordance with procedures established by the Judicial Conference of the United States, the audio of each open session conducted by an appellate court of the United States shall be made available online contemporaneously with the session, unless the appellate court of the United States, by a majority vote, determines that making audio of the session available online would violate the constitutional rights or threaten the safety of any party to the proceeding. (d) Publicizing case assignment information (1) In general Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations requiring each court of the United States to make case assignment data available to the public online, at no cost, in a format that is searchable, sortable, machine-readable, downloadable, and accessible in multiple languages and to individuals with disabilities. (2) Contents The case assignment data made available under paragraph (1) shall include, at a minimum, and to the extent available, the case title, docket number, case origin, filing date, and name of each authoring judge, concurring judge, and dissenting judge for each opinion issued in the case. (e) Making websites user-Friendly Not later than 180 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations requiring an evaluation of, and improvements to, the website of each district court of the United States to ensure the website is easy to understand, including that it is clear how to file a complaint relating to a judge or an employee of the district court. (f) Accessibility The Judicial Conference shall make efforts to ensure that any disclosures required under this section are made available to the public in plain language, in a variety of languages, and accessible to individuals with disabilities. 7. Oversight process for disqualification of justice, judge, or magistrate judge Section 455 of title 28, United States Code, as amended by section 6 of this Act, is amended by adding at the end the following: (h) (1) Any litigant appearing before a justice, judge, or magistrate judge of the United States may file a petition that the justice, judge, or magistrate judge of the United States, as applicable, shall be disqualified based on the criteria described in subsection (b). (2) (A) Any judge or magistrate judge of the United States subject to a petition under paragraph (1) may provide a public, written response to the petition that provides a written explanation relating to any disqualification decision. (B) Any justice of the Supreme Court of the United States subject to a petition under paragraph (1) shall provide a public, written response to the petition that provides a written explanation relating to any disqualification decision. (3) If a litigant makes a petition under paragraph (1) relating to a justice of the Supreme Court of the United States, the Judicial Conference of the United States shall issue a nonbinding, public advisory opinion with its recommendation, which shall be shared with the Supreme Court Review Committee established in section 10 of the Judicial Ethics and Anti-Corruption Act of 2023 (4) If the Judicial Conference of the United States recommends that a justice of the Supreme Court of the United States be disqualified under this section, the justice shall publicly explain a final disqualification decision in writing, which shall be shared with the Supreme Court Review Committee established in section 10 of the Judicial Ethics and Anti-Corruption Act of 2023 (5) (A) For any judge or magistrate judge of the United States, the Judicial Conference of the United States shall— (B) establish a written process to determine whether a judge meets 1 or more of the criteria in subsection (b); (C) use any administrative procedures which may be necessary to aid in the execution of the written process described in subparagraph (B), which may include any procedures or software that may be necessary to determine whether a judge meets 1 or more of the criteria in subsection (b); and (D) the process described in subparagraph (B) shall be made publicly available and, at a minimum— (i) include how an individual may make a petition under paragraph (1) for a judge to be disqualified; (ii) ensure that a judge or group of judges other than the judge who is the subject of the inquiry determines whether the judge shall be disqualified; (iii) allow the judge or group of judges making the disqualification determination to receive the expert advice of ethics personnel and officials, including individuals with expertise in ethics at the Judicial Conference; (iv) require that the judge be disqualified should another judge or group of judges determine that the judge must be disqualified in accordance with this subsection; and (v) require that all recusal decisions be made publicly available and be accompanied by a written explanation for the recusal decision. . 8. Complaints against retired judges and judicial discipline (a) Complaints Section 351(d) of title 28, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) the term judge (A) means a circuit judge, district judge, bankruptcy judge, or magistrate judge; and (B) includes a retired judge described in subparagraph (A); ; (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) the term retired judge . (b) Review of complaint by chief judge Section 352 of title 28, United States Code, is amended by adding at the end the following: (e) Definition In this section, the term intervening events . 9. Action by judicial council in response to misconduct by judges Section 354 of title 28, United States Code, is amended— (1) in subsection (a)(2), by adding at the end the following: (D) Retired judges If the conduct of a retired judge is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include— (i) censuring or reprimanding the judge by means of public announcement; and (ii) reducing or rescinding the nonvested pension benefits of the retired judge. (E) Remedial actions for certain conduct (i) Definition In this subparagraph, the term covered judge (ii) Conduct If the conduct of a covered judge is the subject of the complaint, action by the judicial council under paragraph (1)(C) may include mandating that the covered judge participate in professional counseling, treatment, education, or mentoring to address the misconduct at issue. ; and (2) by adding at the end the following: (c) Report (1) Submission to Judicial Conference of the United States Each chief judge of the circuit shall submit to the Judicial Conference of the United States an annual report on, with respect to the previous year— (A) the number of complaints filed under section 351 against judges in the circuit; and (B) the outcome of the complaints described in subparagraph (A). (2) Submission to Congress The Judicial Conference of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives each report submitted under paragraph (1). (3) Public availability No later than 30 days after submitting to Congress each report under paragraph (1), the Judicial Conference of the United States shall make the report available to the public. . 10. Supreme Court Complaints Review Committee (a) Definitions In this section: (1) Review Committee The term Review Committee (2) Close family member The term close family member (A) a parent of the reporting individual; (B) a spouse of the reporting individual; and (C) an adult child of the reporting individual. (b) Establishment For the purpose of assisting the House of Representatives in carrying out its responsibilities under section 2 of article I and section 4 of article II of the Constitution of the United States, there is established in the legislative branch to be known as the Supreme Court Complaints Review Committee under the general supervision of the Committee on the Judiciary of the House of Representatives. (c) Members (1) In general The Review Committee shall consist of 5 members, of whom— (A) 2 shall be appointed by the Speaker of the House of Representatives; (B) 2 shall be appointed by the minority leader of the House of Representatives; and (C) 1 shall be appointed by agreement of the Speaker of the House of Representatives and the minority leader of the House of Representatives. (2) Qualifications of review committee members (A) Expertise Each member of the Review Committee shall be an individual of exceptional public standing who is specifically qualified to serve on the Review Committee by virtue of the individual’s education, training, or experience in 1 or more of the following fields: (i) Constitutional law. (ii) Impeachment. (iii) Judicial ethics. (iv) Professional ethics. (v) Legal history. (vi) Judicial service. (B) Selection basis Selection and appointment of each member of the Review Committee shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of a member of the Review Committee. (C) Citizenship Each member of the Review Committee shall be a United States citizen. (D) Disqualifications No individual shall be eligible for appointment to, or service on, the Review Committee who— (i) has ever been registered, or required to be registered, as a lobbyist under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. (ii) engages in, or is otherwise employed in, lobbying of the Congress; (iii) is registered or is required to be registered as an agent of a foreign principal under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. (iv) is a currently serving judge, justice, or employee of the Federal courts; (v) is an officer or employee of the Federal Government; (vi) is a close family member of any judge or justice of the Federal courts; (vii) during the 4 years preceding the date of appointment, engaged in any significant political activity (including being a candidate for public office, fundraising for a candidate for public office or a political party, or serving as an officer or employee of a political campaign or party); (viii) during the 2 years preceding the date of appointment, served as a fiduciary or personal attorney for a judge, justice, or employee of the Federal courts, including any judge or justice; or (ix) any currently serving Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (3) Term and removal (A) Length of term The term of a member of the Review Committee shall be for 2 Congresses. (B) Term limits A member of the Review Committee may not serve during 4 consecutive Congresses. (C) Removal A member of the Review Committee may be removed upon unanimous agreement among the Speaker and the minority leader of the House of Representatives or by an affirmative vote of 2/3 (D) Vacancies Any vacancy on the Review Committee shall be filled for the unexpired portion of the term in the same manner, and by the same appointing authority, as the original appointment under paragraph (2). (d) Chairperson and Vice-Chairperson (1) In general The members of the Review Committee shall elect a chairperson and a vice-chairperson of the Review Committee by a majority vote. The chairperson and the vice-chairperson shall serve a 1-year term, and may be reelected for additional 1-year terms. (2) Duties The chairperson of the Review Committee shall preside at the meetings of the Review Committee, and the vice-chairperson shall preside in the absence or disability of the chairperson. (e) Meetings (1) Quorum A majority of the members of the Review Committee shall constitute a quorum. (2) Meetings The Review Committee shall meet at the call of the chairperson, the chair of the Committee on the Judiciary of the House of Representatives, or the call of a majority of its members, pursuant to the rules of the Review Committee. (3) Voting Except as otherwise specifically provided, a majority vote of the Review Committee under this subtitle shall require an affirmative vote of 3 or more members. (f) Compensation A member of the Review Committee shall not be considered to be an officer or employee of the House or Senate, but shall be compensated at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for GS–15 of the General Schedule under section 5107 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Review Committee. (g) Duties of review committee (1) In general The Review Committee shall review each complaint made against the Chief Justice of the United States or a Justice of the Supreme Court of the United States through the review process described in subsection (m). (2) Hearings The Review Committee may hold such hearings as are necessary and may sit and act only in executive session at such times and places, solicit such testimony, and receive such relevant evidence, as may be necessary to carry out its duties. (h) Financial disclosure reports (1) In general Each member of the Review Committee shall file an annual financial disclosure report with the Clerk of the House of Representatives on or before May 15 of each calendar year immediately following any year in which the member served on the Review Committee. Each such report shall be on a form prepared by the Clerk that is substantially similar to the form required for individuals at the executive branch who must complete a confidential financial disclosure report under section 13104 of title 5, United States Code. (2) Distribution of report The Clerk of the House of Representatives shall— (A) not later than 7 days after the date each financial disclosure report under paragraph (1) is filed, send a copy of each such report to the Committee on the Judiciary of the House of Representatives; and (B) annually print all such financial disclosure reports as a document of Congress, and make the document available to the public. (i) Duties and powers of the Review Committee (1) In general The Review Committee is authorized— (A) to establish a process for receiving and reviewing complaints from any person regarding allegations of misconduct by a justice of the Supreme Court of the United States; (B) to conduct a review of material complaints regarding alleged misconduct by a justice of the Supreme Court of the United States; and (C) in any case where the Review Committee determines, on the basis of the review described in subsection (m), that a justice may have engaged in conduct which might violate the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States or constitute 1 or more grounds for impeachment under article II of the Constitution of the United States, or which, in the interest of justice, is not amenable to resolution by the Review Committee, the Review Committee shall promptly certify such determination, together with any complaint and a record of any associated proceedings to the Committee on the Judiciary of the House of Representatives. (2) Referrals to law enforcement officials (A) In general Upon a majority vote of the Review Committee, the Review Committee may refer potential legal violations committed by a justice to the Department of Justice or other relevant Federal or State law enforcement officials, which referral shall include all appropriate evidence gathered during any review or preliminary investigation conducted under this subtitle. (B) Notification The Review Committee shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of all referrals under this subsection. (3) Limitations on review No review may be undertaken by the Review Committee of any complaint— (A) that is primarily concerned with challenging the merits of a decision or procedural ruling; (B) that is frivolous, lacking sufficient evidence to raise an inference that misconduct has occurred, or containing allegations that are incapable of being established through investigation; (C) concerning any alleged violation of law, rule, regulation or standard of conduct not in effect at the time of the alleged violation; or (D) concerning any alleged violation that occurred before the date of enactment of this Act. (j) Prohibition on public disclosure (1) In general (A) Prohibition on public disclosure No information obtained by a member or employee of the Review Committee regarding complaints shall be publicly disclosed to any person or entity outside the Review Committee, unless approved by a majority vote of the Review Committee. Any communication to any person or entity outside the Review Committee may occur only as authorized by the Review Committee. (B) Procedures and investigation The Review Committee shall establish, in consultation with relevant agencies, procedures necessary to prevent the unauthorized disclosure of any information received by the Review Committee. Any breaches of confidentiality shall be investigated by the Review Committee and appropriate action shall be taken, which may include a recommendation to Congress for removal pursuant to subsection (c)(3)(C). (2) Provision with respect to House and Senate Judiciary Committees Paragraph (1) shall not preclude— (A) any member or employee of the Review Committee from presenting a report or findings of the Committee, or testifying before the Committee on the Judiciary of the House of Representatives, if requested by the Committee on the Judiciary of the House of Representatives pursuant to its rules; (B) any necessary communication with the Department of Justice or any other law enforcement agency; or (C) any necessary communication with the Speaker or minority leader of the House of Representatives or the majority leader or minority leader of the Senate. (3) Opportunity to present Before the Review Committee votes on a recommendation or statement to be transmitted to the Committee on the Judiciary of the House of Representatives relating to a complaint involving a justice, the Review Committee shall provide the justice whose conduct is the subject of the complaint the opportunity to present, orally or in writing (at the discretion of the justice), a statement to the Review Committee. (k) Presentation of reports to the House Judiciary Committee Whenever the Review Committee transmits any report to the Committee on the Judiciary of the House of Representatives relating to a complaint involving a justice, the Review Committee shall designate a member or employee of the Review Committee to present the report to the House Judiciary Committee if requested by the Committee on the Judiciary of the House of Representatives. (l) Maintaining of financial disclosure reports The Review Committee shall receive, and maintain, a copy of each report filed under section 13103 of title 5, United States Code, by a justice of the Supreme Court of the United States. (m) Complaints (1) Source of complaints Any person, including a judge, justice, or employee of the courts of the United States, may file with the Review Committee a complaint alleging a violation by a justice of any law (including any regulation), rule, or other standard of conduct, including the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States, applicable to the conduct of such justice in the performance of the duties, or the discharge of the responsibilities, of the justice. (2) False claims and statements acknowledgment Any complaint submission under paragraph (1) shall include a signed statement acknowledging that the person submitting the allegation or information understands that section 1001 of title 18, United States Code (popularly known as the False Statements Act (3) Review process of alleged violations by a justice (A) Review authorization (i) In general After receiving a complaint under paragraph (1), the Review Committee may, by majority vote, authorize a review under subparagraph (B) of any alleged violation by a justice of any law (including any regulation), rule, or other standard of conduct, including the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States, applicable to the conduct of such justice in the performance of the duties, or the discharge of the responsibilities, of the justice. (ii) Requirements The authorization under clause (i) shall— (I) be in writing; and (II) include a brief description of the specific matter and an explanation of why allegations in complaint meet the criteria in subsection (i)(3). (B) Review process (i) Initiation and notification of review After the date on which the Review Committee makes an authorization under subparagraph (A), the Review Committee shall— (I) initiate a review of the alleged violation; and (II) provide a written notification of the commencement of the review, including a statement of the nature of the review, to— (aa) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and (bb) the justice who is the subject of the review. (ii) Opportunity to terminate review At any time, the Review Committee may, by a majority vote, terminate a review on any ground, including that the matter under review is de minimis in nature. If the Review Committee votes to terminate the review, the Committee shall— (I) notify, in writing, the complainant, the justice who was the subject of the review, the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives of its decision to terminate the review of the matter; and (II) send a report, including any findings of the Review Committee, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (C) Scope of review During a review, the Review Committee shall evaluate the complaint and determine, based on a majority vote, whether the misconduct alleged in the complaint, if true, may constitute Treason, Bribery, and other high Crimes and Misdemeanors (D) Completion of review Upon the completion of any review, the Review Committee shall— (i) transmit to the Committee on the Judiciary of the House of Representatives a written report that includes— (I) a statement of the nature of the review and the justice who is the subject of the review; (II) the Review Committee’s determination under paragraph (3); (III) a description of the number of members voting in the affirmative and in the negative for the determination under subparagraph (C); (IV) any relevant findings of the Review Committee, including— (aa) any findings of fact; (bb) a description of any relevant information that the Review Committee was unable to obtain or witnesses whom the Review Committee was unable to interview, and the reasons therefor; and (cc) a citation of any relevant law, regulation, or standard of conduct relating to the alleged misconduct; (V) any supporting documentation; (VI) a written determination of whether the misconduct alleged in the complaint, if true, may constitute Treason, Bribery, and other high Crimes and Misdemeanors (VII) if necessary, a brief statement of dissent from the members of the Review Committee voting in the negative for the determination under subparagraph (C); and (ii) transmit to the complainant and the justice who is the subject of the review the written report of the Review Committee described in clause (i). (n) House Judiciary Committee Consideration of Review Committee Report If the Review Committee determines, after a review, that misconduct alleged in a complaint, if true, may constitute Treason, Bribery, and other high Crimes and Misdemeanors (o) Request from House Judiciary Committee (1) In general Notwithstanding any other provision of this section, upon receipt of a written request from the Committee on the Judiciary of the House of Representatives that the Review Committee cease its review of any matter and refer such matter to the Committee on the Judiciary of the House of Representatives because of the ongoing investigation of the matter by the Committee on the Judiciary of the House of Representatives, the Review Committee shall refer such matter to the Committee on the Judiciary of the House of Representatives, cease its review of that matter and so notify any justice who is the subject of the review. (2) Resumption of review If the Committee on the Judiciary of the House of Representatives notifies the Review Committee in writing that the Review Committee may continue its review of the complaint, the Review Committee may begin or continue, as the case may be, a review of the matter. (3) Rule of construction Nothing in this subsection shall be construed to prevent the Review Committee from sending any information regarding the matter to law enforcement agencies. (p) Procedures (1) Review powers Members or employees of the Review Committee may, during a review— (A) administer to or take from any person an oath, affirmation, or affidavit; (B) obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission; (C) take the deposition of witnesses; and (D) submit to the chair of the Committee on the Judiciary of the House of Representatives a request for the Committee on the Judiciary of the House of Representatives to require by subpoena the attendance of and testimony by witnesses and the production of any book, check, canceled check, correspondence, communication, document, email, paper, physical evidence, record, recording, tape, or other material (including electronic records) relating to any matter or question the Review Committee is authorized to review from any individual or entity, which— (i) shall be handled in accordance with the rules of the Committee on the Judiciary of the House of Representatives; and (ii) may allow for the transmission of information or testimony between the Review Committee and the Committee on the Judiciary of the House of Representatives, in accordance with rules of the Committee on the Judiciary of the House of Representatives. (2) Prohibition of ex parte communications There shall be no ex parte communications between any member or employee of the Review Committee and any justice who is the subject of any review by the Review Committee or between any member of the Review Committee and any interested party. (3) Other review committee rules and procedures The Review Committee is authorized to establish any additional rules or procedures pursuant to its duties and powers in paragraph (1) necessary to carry out the functions of the Review Committee in accordance with this section. (q) Personnel matters (1) Appointment and compensation of employees The Review Committee may appoint and fix the compensation of such professional, nonpartisan staff (including staff with relevant experience in investigations and law enforcement) of the Review Committee as it considers necessary to perform its duties, who— (A) shall perform all official duties in a nonpartisan manner; and (B) may not engage in any partisan political activity directly affecting any congressional or presidential election, or any nomination of a Federal judge or justice. (2) Qualifications Each employee of the Review Committee shall be professional and demonstrably qualified for the position for which the employee is hired. (3) Termination of employees The employment of an employee of the Review Committee may be terminated at any time by the Review Committee. (4) Code of conduct The Review Committee shall establish a code of conduct to govern the behavior of the members or employees of the Review Committee, which shall include the avoidance of conflicts of interest. (r) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary. 11. Expedited impeachment of Federal judges Section 355(b) of title 28, United States Code, is amended by adding at the end the following: (3) Expedited impeachment (A) In general After the Judicial Conference transmits the determination and the record of proceedings under paragraph (1) or (2) to the House of Representatives, the determination and record shall be immediately referred to the Committee on the Judiciary of the House of Representatives. (B) Vote Not later than 30 legislative days of continuous session in the House of Representatives after the Committee on the Judiciary of the House of Representatives receives the determination and the record of proceedings under subparagraph (A), the Committee on the Judiciary of the House of Representatives shall vote on whether to proceed with an investigation or an impeachment inquiry. . 12. Restrictions on protective orders and sealing of cases and settlements (a) In general Chapter 111 1660. Restrictions on protective orders and sealing of cases and settlements (a) Restrictions on orders relating to the disclosure of information (1) In general In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enter, by stipulation or otherwise, an order otherwise authorized under rule 26(c) of the Federal Rules of Civil Procedure restricting the disclosure of information obtained through discovery, an order otherwise authorized approving a settlement agreement that would restrict the disclosure of information obtained through discovery, or an order otherwise authorized restricting access to court records unless in connection with the order the court finds— (A) that the order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or (B) that— (i) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and (ii) the requested order is no broader than necessary to protect the confidentiality interest asserted. (2) Limit on effect No order entered in accordance with paragraph (1), other than an order approving a settlement agreement, may continue in effect after the entry of final judgment unless at the time of, or after, the entry of the order the court makes a separate finding of fact that the requirements of paragraph (1) continue to be met. (3) Rule of construction Nothing in paragraph (1) shall be construed to require the disclosure of the identity of individuals who disclose evidence of a violation of any law, rule, or regulation or other fraud, waste, abuse, or misconduct or other persons protected from disclosure under Federal law. (b) Restrictions on enforcement relating to Federal and State agencies In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enforce any provision of an agreement between or among parties to the civil action, or enforce an order entered in accordance with subsection (a)(1), to the extent that the provision or order prohibits or otherwise restricts a party from disclosing any information relevant to the civil action to any Federal or State agency with authority to enforce laws regulating an activity relating to the information. (c) Limits on scope (1) In general Subject to paragraph (2), a court shall not enforce any provision of a settlement agreement between or among parties to any civil action in which the pleadings state facts that are relevant to the protection of public health or safety that prohibits one or more parties from— (A) disclosing the fact that the settlement was reached or the terms of the settlement (excluding any money paid) that involve matters relevant to the protection of public health or safety; or (B) discussing matters relevant to the protection of public health or safety involved in the civil action. (2) Exception Paragraph (1) applies unless the court finds that— (A) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information in question; and (B) the requested order is no broader than necessary to protect the confidentiality interest asserted. (d) Rebuttable presumption relating to personally identifiable information For purposes of implementing subsections (a)(1)(B)(i) and (c)(2)(A), when weighing the interest in maintaining confidentiality under this section, there shall be a rebuttable presumption that the interest in protecting personally identifiable information of an individual outweighs the public interest in disclosure. (e) Rule of construction Nothing in this section shall be construed to permit, require, or authorize the disclosure of classified information (as defined under section 1 of the Classified Information Procedures Act (18 U.S.C. App.)). . (b) Technical and conforming amendment The table of sections for chapter 111 1660. Restrictions on protective orders and sealing of cases and settlements. . (c) Effective date The amendments made by this section shall— (1) take effect 30 days after the date of enactment of this Act; and (2) apply only to orders entered in civil actions or agreements entered into on or after such date. 13. Judicial workplace climate surveys (a) In general Chapter 21 464. Judicial workplace climate surveys (a) In general The Judicial Conference of the United States shall administer a climate survey to each employee of a court of the United States about the work environment of the court, which shall— (1) be administered not later than 18 months after the date of enactment of this section and every 2 years thereafter; (2) be voluntary; (3) survey respondents on the general work environment, including attitudes in the workplace regarding diversity and inclusion and harassment or discrimination on the basis of race, ethnicity, disability, sex, sexual orientation, and gender identity; and (4) be anonymous and confidential, with notice of the anonymity and confidentiality made to the respondent throughout the survey. (b) Transmission of information Information obtained in a survey administered under subsection (a) shall be— (1) made publicly available; and (2) transmitted to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, the Chief Justice of the United States, and the Judicial Conference of the United States. . (b) Technical and conforming amendment The table of sections for chapter 21 464. Judicial workplace climate surveys. . 14. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and of the amendments made by this Act, and the application of the remaining provisions of this Act and amendments to any person or circumstance, shall not be affected.

Judicial Ethics and Anti-Corruption Act of 2023

Airline Safety Information and Entertainment Access Act This bill requires air carriers (including foreign carriers) to ensure equal access to airline information and entertainment programming for all airline passengers regardless of their disabilities. Specifically, the bill requires an air carrier to provide or make available for persons with disabilities open captioning and an American Sign Language (ASL) option when the information and programming are available to passengers through shared video displays, closed captioning and an ASL option when the information and programming are available to passengers through individual video displays, and audio descriptions when the information and programming are available to passengers through individual or shared video displays. An air carrier must also provide any aural public address announcement in textual format through individual or shared video displays. Further, an air carrier must ensure all control systems for video displays, applications (apps) for personal devices, web portals, and websites for passengers have the option to allow a person with a disability to operate the item nonvisually. The Architectural and Transportation Barriers Compliance Board (the Access Board) must set forth the minimum technical criteria for individual video displays, apps for personal devices, web portals, and websites for airline passengers to ensure that they include a mechanism that allows persons with disabilities to operate them nonvisually. The Department of Transportation must issue any necessary regulations. A civil action may be brought by an aggrieved person or the Department of Justice in a U.S. District Court against an air carrier for violations of these requirements.

118 S1911 IS: Airline Safety Information and Entertainment Access Act U.S. Senate 2023-06-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1911 IN THE SENATE OF THE UNITED STATES June 8, 2023 Mr. Casey Ms. Duckworth Mr. Blumenthal Mr. Markey Mr. Brown Ms. Baldwin Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to improve the accessibility of airline information and entertainment programming provided by air carriers on passenger flights, and for other purposes. 1. Short title This Act may be cited as the Airline Safety Information and Entertainment Access Act 2. Accessibility of in-flight safety and entertainment programming (a) In general Subchapter I of chapter 417 section 41705 41705a. Accessibility of in-flight airline information and entertainment programming (a) Requirement (1) Programming On and after the date that is 180 days after the date of the enactment of this section, in providing air transportation, an air carrier, including (subject to section 40105(b)) any foreign air carrier, shall ensure that all visually displayed airline information and entertainment programming available to passengers on a flight is accessible to persons with disabilities, including by providing (or making available)— (A) open captioning and American Sign Language option for persons with disabilities when such programming is available to passengers through shared video displays, such as a monitor located in a passenger access aisle; (B) closed captioning and American Sign Language option for persons with disabilities when such programming is available to passengers through individual video displays; (C) audio description for persons with disabilities when such programming is available to passengers through individual video displays or shared video displays; and (D) any aural PA announcement in textual format through individual video displays or shared video displays. (2) Video displays, apps for personal electronic devices, and web portals and websites Not later than the effective date of the regulations prescribed under subsection (c)(2), in providing air transportation, an air carrier, including (subject to section 40105(b)) any foreign air carrier, shall ensure that— (A) all individual video displays of visually displayed airline information and entertainment programming to passengers on a flight that are operated primarily by using touchscreens or other contact-sensitive controls include a mechanism that allows persons with disabilities to nonvisually operate such displays in accordance with the standards prescribed under subsection (c); (B) any apps for a personal electronic device, such as a phone or tablet, that are made available by the air carrier to passengers on a flight and that display visually displayed airline information and entertainment programming include a mechanism that allows persons with disabilities to nonvisually operate such apps in accordance with the standards prescribed under subsection (c); and (C) any web portals or websites the air carrier directs passengers to in order to access or pay for inflight entertainment, including the method for referring passengers to such web portals and websites, include a mechanism that allows persons with disabilities to nonvisually operate such web portals and websites in accordance with the standards prescribed under subsection (c). (b) Civil action (1) Aggrieved persons (A) In general Any person aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section may, during the 2-year period beginning on the date of the violation, bring a civil action in an appropriate district court of the United States. (B) Available relief If a court finds in favor of the plaintiff in a civil action brought under subparagraph (A), the court may award to the plaintiff equitable and legal relief, including compensatory and punitive damages, and shall, in addition to any such relief, award reasonable attorney’s fees, reasonable expert fees, and cost of the action to the plaintiff. (C) No requirement to exhaust administrative remedies Any person aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section shall not be required to exhaust administrative remedies before bringing a civil action under subparagraph (A). (D) Rule of construction Nothing in this paragraph shall be construed to invalidate or limit other Federal or State laws affording to people with disabilities greater legal rights or protections than those granted by this section. (2) Enforcement by Attorney General (A) In general The Attorney General may bring a civil action on behalf of persons aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section in any appropriate district court of the United States. (B) Authority of court In a civil action under subparagraph (A), the court may— (i) grant any equitable relief that the court considers to be appropriate; (ii) award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved by the violation by an air carrier of this section or a regulation prescribed under this section, when requested by the Attorney General; and (iii) assess a civil penalty against the air carrier. (c) Establishment of standards for operation of individual video displays, apps for personal electronic devices, and web portals and websites (1) In general Not later than 18 months after the date of the enactment of this section, the Architectural and Transportation Barriers Compliance Board shall, in consultation with the Secretary, prescribe standards in accordance with chapter 5 Administrative Procedure Act (2) Regulations Not later than 180 days after the Architectural and Transportation Barriers Compliance Board issues standards under paragraph (1), the Secretary shall prescribe such regulations as are necessary to implement those standards and shall publish those regulations in an accessible format. (3) Review and amendment The Architectural and Transportation Barriers Compliance Board, in consultation with the Secretary, shall periodically review and, as appropriate, amend the standards prescribed under paragraph (1) in accordance with chapter 5 (d) Definitions In this section: (1) Audio description The term audio description (A) allows an individual who is blind or who has low vision to have access to the key visual elements of visually displayed airline information and entertainment programming (such as actions, settings, facial expressions, costumes, and scene changes); and (B) allows that access through the provision of contemporaneous audio narrated descriptions of those elements during the natural pauses in the audio portion of the programming, or during the audio portion if necessary. (2) Closed captioning The term closed captioning (A) allows an individual who is deaf or hard of hearing to have access to the content of visually displayed airline information and entertainment programming; and (B) allows that access by displaying, through an individual device or individually used technology, all of the audio portion of the programming (including displaying the dialogue and any narration, as well as descriptions of on- and off-screen sounds such as sound effects, music, or lyrics for music, and information identifying the character who is speaking) as text that can be effectively viewed and controlled by that individual while the individual simultaneously watches the programming. (3) Person with a disability The term person with a disability 42 U.S.C. 12102 (4) Open captioning The term open captioning (A) allows an individual who is deaf or hard of hearing to have access to the content of visually displayed airline information and entertainment programming; and (B) allows that access by openly displaying on the video display on which the programming is displayed all of the audio portion of the programming (including displaying the dialogue and any narration, as well as descriptions of on- and off-screen sounds such as sound effects, music, or lyrics for music, and information identifying the character who is speaking) as text that can be effectively viewed by that individual and other passengers while the individual and passengers simultaneously watch the programming. (5) Secretary The term Secretary (6) Visually displayed airline information and entertainment programming The term visually displayed airline information and entertainment programming . (b) Clerical amendment The analysis for chapter 417 section 41705 41705a. Accessibility of in-flight airline information and entertainment programming. .

Airline Safety Information and Entertainment Access Act

Chinese Currency Accountability Act of 2023 This bill requires the United States to oppose, absent specified conditions, any increase in the weight of Chinese currency (i.e., the renminbi) in the basket of currencies (currently, a set of five currencies, each with different weightings) used to determine the value of Special Drawing Rights. Special Drawing Rights are a currency support tool available to members of the International Monetary Fund (IMF). Specifically, the Department of the Treasury must instruct certain U.S. officials at the IMF to oppose any such increase unless Treasury has certified that (1) China is in compliance with all general obligations of members of the IMF, (2) China has not been found to have manipulated its currency in the preceding 12 months, and (3) China is implementing policies and practices necessary to ensure that the renminbi is freely usable.

118 S1919 IS: Chinese Currency Accountability Act of 2023 U.S. Senate 2023-06-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1919 IN THE SENATE OF THE UNITED STATES June 8, 2023 Mr. Budd Mr. Manchin Mrs. Britt Mr. Braun Mr. Barrasso Ms. Ernst Committee on Foreign Relations A BILL To require the United States Governor of, and the United States Executive Director at, the International Monetary Fund to oppose an increase in the weight of the Chinese renminbi in the Special Drawing Rights basket of the Fund, and for other purposes. 1. Short title This Act may be cited as the Chinese Currency Accountability Act of 2023 2. Opposition of the United States to an increase in the weight of the Chinese renminbi in the Special Drawing Rights basket of the International Monetary Fund The Secretary of the Treasury shall instruct the United States Governor of, and the United States Executive Director at, the International Monetary Fund to use the voice and vote of the United States to oppose any increase in the weight of the Chinese renminbi in the basket of currencies used to determine the value of Special Drawing Rights, unless the Secretary of the Treasury has submitted to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a written report that includes a certification that— (1) the People’s Republic of China is in compliance with all its obligations under Article VIII of the Articles of Agreement of the Fund; (2) in the preceding 12 months, there has not been a report submitted under section 3005 of the Omnibus Trade and Competitiveness Act of 1988 ( 22 U.S.C. 5305 19 U.S.C. 4421 (3) the People’s Republic of China has instituted and is implementing the policies and practices necessary to ensure that the renminbi is freely usable (within the meaning of Article XXX(f) of the Articles of Agreement of the Fund); and (4) the People’s Republic of China adheres to the rules and principles of the Paris Club and the Arrangement on Officially Supported Export Credits of the Organisation for Economic Co-operation and Development. 3. Sunset Section 2 shall have no force or effect beginning 10 years after the date of the enactment of this Act.

Chinese Currency Accountability Act of 2023

Safe Passage on Interstates Act of 2023 This bill establishes a new federal criminal offense for the obstruction of interstate highways. Specifically, the bill makes it unlawful to knowingly engage in a listed activity with the intent to obstruct the free, convenient, and normal use of the interstate highway. The listed activities are (1) deliberately delaying traffic, (2) standing or approaching a motor vehicle, or (3) endangering the safe movement of a motor vehicle. A violation is subject to criminal penalties. The bill provides an exception for any lawful activity conducted or authorized by the federal government or by a state or local government.

118 S192 IS: Safe Passage on Interstates 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. 192 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Rubio Mr. Cramer Committee on the Judiciary A BILL To criminalize the intentional obstruction of roadways on the Interstate System. 1. Short title This Act may be cited as the Safe Passage on Interstates Act of 2023 2. Obstruction of interstate highways (a) In general Chapter 65 1370. Obstruction of interstate highways (a) Definition In this section, the term interstate highway (b) Offense (1) In general It shall be unlawful to knowingly engage in an activity described in paragraph (2) on an interstate highway with the intent to obstruct the free, convenient, and normal use of the interstate highway. (2) Activities described The activities described in this paragraph are— (A) deliberately delaying traffic on an interstate highway; (B) standing or approaching a motor vehicle on an interstate highway; or (C) endangering the safe movement of a motor vehicle on an interstate highway. (3) Exception Paragraph (1) shall not apply to any lawful activity conducted or authorized by the United States, a State, or a political subdivision of a State. (c) Penalties (1) In general Any person who violates subsection (b) shall be fined not more than $10,000, imprisoned for not more than 15 years, or both. (2) Obstruction of emergency vehicle Any person who, in the course of violating subsection (b), knowingly obstructs the passage of an authorized emergency vehicle (as defined in section 1001.4 of title 36, Code of Federal Regulations, or any successor regulation) shall be fined not more than $15,000, imprisoned for not more than 20 years, or both. (3) Violation resulting in death Any person who commits a violation of subsection (b) that results in the death of any other person shall be fined not more than the applicable amount under paragraph (1) or (2) of this subsection, imprisoned for any term of years or for life, or both. . (b) Technical and conforming amendment The table of sections for chapter 65 1370. Obstruction of interstate highways. .

Safe Passage on Interstates Act of 2023

United States-Uruguay Economic Partnership Act This bill addresses issues related to Uruguay. Specifically, this bill adds Uruguay to the list of countries eligible for designation as a beneficiary country under the Caribbean Basin Economic Recovery Act. (Such a designation generally provides for duty-free entry of goods into the United States from the designated countries, with some exclusions and limitations.) The bill also establishes that a national of Uruguay shall be eligible for an E visa (for an investor or trader who is a national of a foreign country with a treaty of commerce and navigation with the United States) if Uruguay provides a similar nonimmigrant status to U.S. nationals. Furthermore, the Department of Homeland Security must report to Congress an assessment as to whether Uruguay meets the eligibility criteria for the Visa Waiver Program. If Uruguay fails to meet the criteria, the report must also describe what actions Uruguay must take to become eligible. (Citizens of countries in the program may travel to the United States for business or tourism for up to 90 days without a visa.)

118 S1926 IS: United States-Uruguay Economic Partnership Act U.S. Senate 2023-06-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1926 IN THE SENATE OF THE UNITED STATES June 12, 2023 Mr. Menendez Mr. Hagerty Mr. Kaine Committee on the Judiciary A BILL To amend the Caribbean Basin Economic Recovery Act to make Uruguay eligible for designation as a beneficiary country under that Act, to include Uruguay in the list of foreign states whose nationals are eligible for admission into the United States as E1 and E2 nonimmigrants if nationals of the United States are treated similarly by the Government of Uruguay, and to require a report on the eligibility of Uruguay for the visa waiver program, and for other purposes. 1. Short title This Act may be cited as the United States-Uruguay Economic Partnership Act 2. Eligibility of Uruguay for designation as a beneficiary country under Caribbean Basin Economic Recovery Act Section 212(b) of the Caribbean Basin Economic Recovery Act ( 19 U.S.C. 2702(b) Turks and Caicos Islands Uruguay . 3. Nonimmigrant traders and investors For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) 4. Visa waiver program eligibility (a) Sense of Congress It is the sense of Congress that the Secretary of Homeland Security, in consultation with the Secretary of State, should conduct a review as to whether Uruguay meets the eligibility criteria for designation as a program country for purposes of the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 (b) Visa waiver program eligibility Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to Congress a report that includes— (1) an assessment as to whether Uruguay meets the eligibility criteria for designation as a program country for purposes of the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 (2) in the case of such an assessment that Uruguay does not meet such eligibility criteria, a description of the actions required of Uruguay in order to meet such criteria.

United States-Uruguay Economic Partnership Act

UAS National Airspace Integration Act This bill directs the Federal Aviation Administration (FAA) to submit to Congress a comprehensive integration strategy for unmanned aircraft systems (commonly referred to as drones), including civil unmanned aircraft systems operating in controlled airspace. The FAA must brief Congress every six months on the status of the implementation of the strategy and any revisions to the strategy.

115 S1927 IS: UAS National Airspace Integration Act U.S. Senate 2023-06-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1927 IN THE SENATE OF THE UNITED STATES June 12, 2023 Mr. Peters Mr. Wicker Committee on Commerce, Science, and Transportation A BILL To require the Administrator of the Federal Aviation Administration to develop a comprehensive unmanned aircraft system integration strategy, and for other purposes. 1. Short title This Act may be cited as the UAS National Airspace Integration Act 2. Sense of Congress It is the sense of Congress that it is important that the United States maintain global leadership in advanced aviation to maintain and improve national security, safety, sustainability, and economic strength domestically and globally. 3. Comprehensive unmanned aircraft system integration strategy (a) In general Not later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate committees of Congress a comprehensive integration strategy for unmanned aircraft systems, including civil unmanned aircraft systems operating in controlled airspace, that includes the following: (1) A comprehensive mission statement that summarizes the main purpose of the strategy. (2) A description of the objectives to be achieved by the strategy, which shall include the following: (A) Timely implementation of statutory provisions related to drone integration in subtitle B of title III of division B of the FAA Reauthorization Act of 2018 ( Public Law 115–254 (B) Actions taken by the FAA to implement recommendations related to unmanned aircraft systems, including civil unmanned aircraft systems operating in controlled airspace, included in aviation rulemaking committee reports published since the enactment of the FAA Reauthorization Act of 2018 ( Public Law 115–254 (C) Any other objectives determined appropriate by the Administrator. (3) A description of steps to achieve strategy objectives, including milestones and performance metrics to gauge results. (4) A description of the process by which the scope and objectives of the strategy were developed. (5) The costs of executing the strategy, including the sources of such costs, and the types of resources and investments, skills and technology, and human, capital, information, and other resources required to meet the objectives of the strategy. (6) A description of the roles and responsibilities of each FAA office tasked with executing the objectives of the strategy. (7) A plan to establish mechanisms to allow various FAA offices or other necessary interagency stakeholders involved in implementing the strategy to coordinate in meeting strategy objectives. (8) Processes for ensuring transparency and receiving input from applicants and relevant stakeholders in the course of executing the objectives of the strategy. (9) A list of key factors external to the FAA that are beyond the control of the FAA which could significantly affect the achievement of the strategy objectives. (b) Congressional briefings Beginning 6 months after the date of enactment of this section, and every 6 months thereafter, the Administrator shall provide a briefing for the appropriate Committees of Congress on— (1) the status of implementation of each element of the strategy developed under subsection (a); (2) any revisions made to the strategy since the last briefing; and (3) any additional actions taken by the Administrator to integrate unmanned aircraft systems into the National Airspace System. (c) Definitions In this section: (1) Administrator The term Administrator (2) Appropriate committees of congress The term appropriate committees of Congress (3) FAA The term FAA (4) Unmanned aircraft system The term unmanned aircraft system

UAS National Airspace Integration Act

Civil Nuclear Export Act of 2023 This bill provides the Export-Import Bank with certain authorities to finance nuclear exports. Specifically, the bill allows the Export-Import Bank to provide financing for liquid metal fast breeder nuclear reactors and nuclear fuel reprocessing facilities if they are otherwise permitted by law. Additionally, the bill expands the China and Transformational Exports Program (CTEP) by making nuclear facilities eligible for financing under the program. Currently, the bank may extend loans, guarantees, and insurance to advance the comparative leadership of the United States with respect to China in specified export areas (e.g., artificial intelligence, biotechnology, and wireless communications equipment). This bill expands those areas to include civil nuclear facilities, materials, technologies and related goods and services that support the development of an effective nuclear energy sector. The bill also revises the financial limitation on the outstanding aggregate amount of all of the bank's loans, guarantees, and insurance. In particular, the bill exempts those amounts attributed by the bank to CTEP, as long as that financing does not exceed a specified amount. The bill also increases from 2% to 4% the bank's default rate cap. Further, the bill allows the bank to exclude financing under CTEP from this default rate, subject to approval of the bank's board of directors. The bill establishes liability limits for damages that are caused by nuclear projects financed by the bank.

118 S1928 IS: Civil Nuclear Export Act of 2023 U.S. Senate 2023-06-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1928 IN THE SENATE OF THE UNITED STATES June 12, 2023 Mr. Manchin Mr. Risch Committee on Banking, Housing, and Urban Affairs A BILL To modify the prohibition on financing in the Export-Import Bank of the United States, and for other purposes. 1. Short title This Act may be cited as the Civil Nuclear Export Act of 2023 2. Modification of prohibition on financing in the Export-Import Bank of the United States Section 2(b)(5) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(5) , except any purchase that is otherwise permitted under an agreement made in accordance with section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 (C) the purchase 3. Expansion of Program on China and Transformational Exports Section 2(l)(1)(B) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(l)(1)(B) (1) by redesignating clause (xi) as clause (xii); and (2) by inserting after clause (x) the following: (xi) Civil nuclear facilities, material, and technologies, and related goods and services that support the development of an effective nuclear energy sector. . 4. Nuclear liability coverage Section 2 of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635 (m) Nuclear liability coverage (1) In general If there is a claim or judgment against the Bank relating to bodily injury, death, or damage to or loss of real or personal property, the Secretary of the Treasury shall, subject to paragraph (2), pay, from the general fund of the Treasury such claim or judgment, and related costs, if— (A) such bodily injury, death, or damage to or loss of real or personal property is determined in a court of competent jurisdiction to have resulted from a nuclear incident at a nuclear facility that received financial support from the Bank; and (B) there is no applicable treaty or other arrangement fully absolving the Bank of liability. (2) Maximum amount Any claim or judgment, and any related costs paid in accordance with paragraph (1), to the extent not otherwise absolved by any applicable treaty or other arrangement, may not exceed the maximum amount of financial protection per incident required to cover public liability claims under section 170(b) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(b) (3) Presidential authority to authorize payments If the aggregate amount of claims, judgments, and related costs resulting from a single nuclear incident exceeds the maximum amount under paragraph (2), the President— (A) may authorize, under such terms and conditions as the President may direct, the payment of such claims or judgments, and costs related to such claims or judgments, from any contingency funds available to the United States Government; and (B) if such funds are insufficient or unavailable, shall certify such claims or judgments to Congress for appropriation of the necessary funds. . 5. Modification of lending cap Section 6(a) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635e(a) (1) in paragraph (1), by striking applicable amount. (A) is attributed by the Bank to loans, guarantees, and insurance under the Program on China and Transformational Exports pursuant to section 2(l); and (B) does not exceed $50,000,000,000. ; (2) in paragraph (3)— (A) in the header, by striking 2 4 (B) by striking 2 percent 4 percent (3) by adding at the end the following: (5) Authority to attribute loans, guarantees, and insurance The Bank may attribute any loan, guarantee, or insurance issued under the Program on China and Transformational Exports pursuant to section 2(l) toward the aggregate amount that is in excess of the applicable amount described in paragraph (1) without regard to the date on which the Bank issued such loan, guarantee, or insurance. . 6. Modification of monitoring of default rates Section 8(g) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635g(g) (1) in paragraph (3), by striking 2 percent 4 percent (2) in paragraph (4)(B), by striking 2 percent 4 percent (3) in paragraph (5)— (A) in the header, by striking 2 4 (B) by striking 2 percent 4 percent (4) in paragraph (6), by striking 2 percent 4 percent (5) by adding at the end the following: (7) Exclusion of transactions relating to the Program on China and Transformational Exports For the purposes of this subsection, if financing provided under the Program on China and Transformational Exports pursuant to section 2(l) results in the default rate calculated under paragraph (1) equaling or exceeding 4 percent, the Bank may exclude such financing, subject to the approval of the Board of Directors. .

Civil Nuclear Export Act of 2023

PFAS-Free Firefighting Foam Transition Reporting Act This bill requires the Federal Aviation Administration (FAA) to submit regular progress reports to Congress on the development and implementation of a national transition plan related to fluorine-free firefighting foam. (Fluorine-free foams do not contain any perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS.) Specifically, the FAA report must include information on the development and implementation of a national transition plan to a fluorine-free firefighting foam that (1) meets certain performance standards for use at Part 139 airports, and (2) includes the issuance of guidance related to the use of fluorine-free firefighting foam at airports that are not Part 139 airports. (Part 139 airports include airports that serve scheduled and unscheduled air carrier operations for aircraft with more than 30 seats or serve scheduled air carrier operations for aircraft with 10-30 seats.) The report must also include a comprehensive list of the amount of rolling stock of firefighting foam at each Part 139 airport and the number of gallons regularly kept in reserve at each airport. The FAA must submit a progress report to Congress every 180 days until the FAA completes the development and implementation of the national transition plan.

118 S1929 IS: PFAS-Free Firefighting Foam Transition Reporting Act U.S. Senate 2023-06-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1929 IN THE SENATE OF THE UNITED STATES June 12, 2023 Mr. Peters Mr. Moran Ms. Duckworth Mr. Warnock Ms. Baldwin Committee on Commerce, Science, and Transportation A BILL To direct the Administrator of the Federal Aviation Administration to provide progress reports on the development and implementation of the national transition plan related to a fluorine-free firefighting foam, and for other purposes. 1. Short title This Act may be cited as the PFAS-Free Firefighting Foam Transition Reporting Act 2. Progress reports on the national transition plan related to a fluorine-free firefighting foam (a) In general Not later than 180 days after the date of enactment of this section, and every 180 days thereafter until the progress report termination date described in subsection (c), the Administrator of the FAA, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of Defense, shall submit to the appropriate committees of Congress a progress report on the development and implementation of a national transition plan related to a fluorine-free firefighting foam that— (1) meets the performance standards referenced in chapter 6 of AC No: 150/5210–6D and is acceptable under section 139.319(l) of title 14, Code of Federal Regulations, for use at part 139 airports; and (2) includes the issuance of guidance related to the use of fluorine-free firefighting foam at airports that are not part 139 airports, consistent with subsection (b)(3). (b) Required information Each progress report required by subsection (a) shall include the following: (1) An assessment of the progress made by the FAA with respect to providing part 139 airports with— (A) guidance from the Environmental Protection Agency on acceptable environmental limits relating to such fluorine-free firefighting foam; (B) guidance from the Department of Defense on that department's transition to a fluorine-free firefighting foam; (C) best practices for the decontamination of existing aircraft rescue and firefighting vehicles, systems, and other equipment used to deploy firefighting foam at part 139 airports; and (D) timelines for the release of policy and guidance relating to part 139 airport implementation plans for obtaining approved military specification products and firefighting personnel training. (2) A comprehensive list of the amount of rolling stock of firefighting foam at each part 139 airport as of the date of the submission of the progress report and the number of gallons regularly kept in reserve at each such airport. (3) An assessment of the progress made by the FAA with respect to providing airports that are not part 139 airports, and local authorities with responsibility for inspection and oversight at such airports, with guidance relating to the use of fluorine-free firefighting foam at such airports that includes the guidance, best practices, and timelines required by paragraph (1) for part 139 airports, but modified to the extent appropriate for application to airports that are not part 139 airports. (4) Such other information as the Administrator of the FAA determines appropriate. (c) Progress report termination date For purposes of subsection (a), the progress report termination date described in this subsection is the date on which the Administrator of the FAA notifies the appropriate committees of Congress that development and implementation of the national transition plan described in subsection (a) is complete. (d) Definitions In this section: (1) Appropriate committees of congress The term appropriate committees of Congress (2) FAA The term FAA (3) Part 139 airport The term part 139 airport

PFAS-Free Firefighting Foam Transition Reporting Act

Bridge Corrosion Prevention and Repair Act of 2023 This bill establishes certain requirements to address corrosion control in bridge and railroad-bridge projects that receive federal assistance. Specifically, certified contractors must employ a substantial number of individuals who are certified by a qualified training program in corrosion control, mitigation, and prevention in order to work on certain aspects of bridge project activities. A certified contractor must also provide training for any non-certified coating applicators employed by the contractor to work on certain aspects of a project. The bill further requires bridge projects to implement a corrosion management system that utilizes industry-recognized standards and corrosion mitigation and prevention methods for construction, repair, and maintenance projects. In addition, the bill expands the scope of the Railroad Rehabilitation and Improvement Financing Program to include corrosion control work on rail bridges. (This program provides direct loans and loan guarantees for the development of railroad infrastructure.) The bill also requires the Department of Transportation to study and report on best practices for inspecting and addressing corrosion on weathering steel bridges. This report must be made available to state and local governments, metropolitan planning organizations, and regional organizations.

118 S1932 IS: Bridge Corrosion Prevention and Repair Act of 2023 U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1932 IN THE SENATE OF THE UNITED STATES June 13, 2023 Mr. Casey Ms. Stabenow Committee on Environment and Public Works A BILL To require that certain aspects of bridge projects be carried out by certified contractors, and for other purposes. 1. Short title This Act may be cited as the Bridge Corrosion Prevention and Repair Act of 2023 2. Corrosion prevention for bridges (a) Definitions In this section: (1) Applicable bridge project The term applicable bridge project (A) a bridge project that receives financial assistance under title 23, United States Code; or (B) a project for a railroad bridge (as defined in section 237.5 of title 49, Code of Federal Regulations (or successor regulations)) that receives financial assistance under title 49, United States Code. (2) Certified contractor The term certified contractor (3) Qualified training program The term qualified training program (A) offered by an organization that provides trainees with a certification that meets the ANSI/NACE Number 13/SSPC–ACS–1 standard (or a successor standard) or another standard approved by the Administrator of the Federal Highway Administration; or (B) an industrial coatings applicator training program— (i) registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act 29 U.S.C. 50 et seq. (ii) that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations (or successor regulations). (b) Applicable bridge projects (1) Quality control A certified contractor shall carry out aspects of an applicable bridge project described in paragraph (2). (2) Aspects of applicable bridge projects Aspects of an applicable bridge project referred to in paragraph (1) include— (A) surface preparation or coating application on steel, concrete, or rebar of an applicable bridge project; (B) removal of a lead-based or other hazardous coating from steel or concrete of an existing applicable bridge project; and (C) shop painting of structural steel or rebar fabricated for installation on an applicable bridge project. (3) Corrosion management system In carrying out an applicable bridge project, the entity carrying out the project shall— (A) implement a corrosion management system that utilizes industry-recognized standards and corrosion mitigation and prevention methods to address different considerations, including— (i) surface preparation; (ii) protective coatings; (iii) materials selection; (iv) cathodic protection; (v) corrosion engineering; (vi) personnel training; and (vii) best practices in environmental protection to prevent environmental degradation and uphold public health; and (B) require certified contractors, for the purpose of carrying out aspects of applicable bridge projects described in paragraph (2), to employ a substantial number of individuals that are trained and certified by a qualified training program. (4) Certification For an applicable bridge project that includes an aspect described in paragraph (2), the entity carrying out the project shall only accept bids from a certified contractor that presents written proof that the certification of the contractor meets the relevant SSPC–QP standards (or a successor standard). (c) Training program As a condition of entering into a contract for an applicable bridge project, each certified contractor shall provide training for each individual who is not a certified coating applicator but that the certified contractor employs to carry out aspects of applicable bridge projects described in subsection (b)(2). 3. Availability of Federal grant funding for corrosion control work on rail bridges Section 22402(b)(1) of title 49, United States Code, is amended— (1) in subparagraph (E), by striking or (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) to perform corrosion control work on rail bridges; or . 4. Study on efficacy of weathering steel (a) Findings Congress finds that— (1) weathering steel is often used for bridge construction projects because of its ability to withstand weather conditions better than other forms of steel; (2) the recent collapse of the Fern Hollow Bridge in Pittsburgh, Pennsylvania, in January 2022 highlights the real threat that corrosion poses to the bridges of the United States; (3) more research is needed into the vulnerabilities of weathering steel; and (4) States and units of local government need more information on when and how to address the risk of corrosion to weathering steel. (b) Study Not later than 18 months after the date of enactment of this Act, the Secretary of Transportation shall— (1) carry out a study on best practices for— (A) the frequency and method of inspecting corrosion on weathering steel bridges; and (B) addressing corrosion on weathering steel bridges; (2) submit to the Committee on Environment and Public Works of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under paragraph (1); and (3) make the report under paragraph (2) available to State departments of transportation, metropolitan planning organizations (as defined in section 134(b) of title 23, United States Code), regional transportation planning organizations (as defined in that section), and units of local government that own bridge assets.

Bridge Corrosion Prevention and Repair Act of 2023

Empowering States' Rights To Protect Consumers Act of 2023 This bill limits the annual percentage rate applicable to any consumer credit transaction (other than a residential mortgage transaction), including any associated fees, to the maximum rate permitted by the laws of the state in which the consumer resides.

118 S1934 IS: Empowering States' Rights To Protect Consumers Act of 2023 U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1934 IN THE SENATE OF THE UNITED STATES June 13, 2023 Mr. Whitehouse Mr. Reed Ms. Warren Mr. Sanders Mr. Merkley Committee on Banking, Housing, and Urban Affairs A BILL To amend the Truth in Lending Act to empower the States to set the maximum annual percentage rates applicable to consumer credit transactions, and for other purposes. 1. Short title This Act may be cited as the Empowering States' Rights To Protect Consumers Act of 2023 2. Limits on annual percentage rates (a) In general Chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. 140B. Limits on annual percentage rates Notwithstanding any other provision of law, the annual percentage rate applicable to any consumer credit transaction (other than a residential mortgage transaction), including any fees associated with such a transaction, may not exceed the maximum rate permitted by the laws of the State in which the consumer resides. . (b) Technical and conforming amendment The table of contents for chapter 2 of the Truth in Lending Act is amended by adding at the end the following: 140B. Limits on annual percentage rates. .

Empowering States' Rights To Protect Consumers Act of 2023

Tanning Tax Repeal Act of 2023 This bill repeals the excise tax on indoor tanning services.

118 S1937 IS: Tanning Tax Repeal Act of 2023 U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1937 IN THE SENATE OF THE UNITED STATES June 13, 2023 Mr. Paul Ms. Ernst Mr. Ricketts Mrs. Fischer Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to repeal the excise tax on indoor tanning services. 1. Short title This Act may be cited as the Tanning Tax Repeal Act of 2023 2. Repeal of excise tax on indoor tanning services (a) In general Subtitle D of the Internal Revenue Code of 1986 is amended by striking chapter 49 and by striking the item relating to such chapter in the table of chapters of such subtitle. (b) Effective date The amendments made by this section shall apply to services performed after the date of the enactment of this Act.

Tanning Tax Repeal Act of 2023

Middle Class Mortgage Insurance Premium Act of 2023 This bill increases the adjusted gross income threshold for the phaseout of the mortgage insurance premium tax deduction and makes such deduction permanent.

118 S1938 IS: Middle Class Mortgage Insurance Premium Act of 2023 U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1938 IN THE SENATE OF THE UNITED STATES June 13, 2023 Ms. Hassan Mr. Tillis Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the income cap with respect to the mortgage insurance premium deduction, and to make such deduction permanent. 1. Short title This Act may be cited as the Middle Class Mortgage Insurance Premium Act of 2023 2. Increasing the income cap for and making permanent the mortgage insurance premium deduction (a) In general (1) Section 163(h)(3)(E) (1) in clause (ii), by striking $100,000 ($50,000 $200,000 ($100,000 (2) by striking clause (iv). (b) Effective date The amendments made by this Act shall apply to taxable years beginning after December 31, 2021.

Middle Class Mortgage Insurance Premium Act of 2023

Protecting Our Democracy by Preventing Foreign Citizens from Voting Act of 2023 This bill prohibits federal funds from being made available to state or local governments that allow noncitizens to vote in federal, state, or local elections.

118 S194 IS: Protecting Our Democracy by Preventing Foreign Citizens from Voting 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. 194 IN THE SENATE OF THE UNITED STATES January 31, 2023 Mr. Rubio Mr. Kennedy Mr. Tillis Mr. Scott of Florida Mr. Daines Mr. Lankford Committee on Homeland Security and Governmental Affairs A BILL To prohibit the disbursement of Federal funds to State and local governments that allow individuals who are not citizens of the United States to vote in any Federal, State, or local election. 1. Short title This Act may be cited as the Protecting Our Democracy by Preventing Foreign Citizens from Voting Act of 2023 2. Federal payment restriction (a) In general Notwithstanding any other provision of law, no Federal funds may be made available to any State or local government if such State or local government allows individuals who are not citizens of the United States to vote in any Federal, State, or local election. (b) Certification Upon application, approval, and receipt of any Federal funds, a State or local government shall certify that the State or local government does not permit individuals who are not citizens of the United States to vote in any Federal, State, or local election. (c) Applicability The requirements of this section shall only apply with respect to any contract entered into or grant made on or after the date of the enactment of this Act.

Protecting Our Democracy by Preventing Foreign Citizens from Voting Act of 2023

Native American Rural Homeownership Improvement Act of 2023 This bill provides statutory authority for a Department of Agriculture pilot program that provides direct loans to Native community development financial institutions to increase homeownership opportunities for tribal communities in rural areas.

118 S1941 IS: Native American Rural Homeownership Improvement Act of 2023 U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1941 IN THE SENATE OF THE UNITED STATES June 13, 2023 Ms. Smith Mr. Rounds Committee on Banking, Housing, and Urban Affairs A BILL To permanently authorize the Native Community Development Financial Institutions lending program of the Department of Agriculture, and for other purposes. 1. Short title This Act may be cited as the Native American Rural Homeownership Improvement Act of 2023 2. Native CDFI relending program Section 502 of the Housing Act of 1949 ( 42 U.S.C. 1472 (j) Set aside for native community development financial institutions (1) Definitions In this subsection— (A) the term Alaska Native Native 43 U.S.C. 1602(b) (B) the term appropriate congressional committees (i) the Committee on Agriculture of the Senate; (ii) the Committee on Indian Affairs of the Senate; (iii) the Committee on Banking, Housing, and Urban Affairs of the Senate; (iv) the Committee on Agriculture of the House of Representatives; (v) the Committee on Natural Resources of the House of Representatives; and (vi) the Committee on Financial Services of the House of Representatives; (C) the term community development financial institution 12 U.S.C. 4702 (D) the term Indian Tribe Indian tribe 25 U.S.C. 4103 (E) the term Native community development financial institution (i) that has been certified as a community development financial institution by the Secretary of the Treasury; (ii) that is not less than 50 percent owned or controlled by members of Indian Tribes, Alaska Native communities, or Native Hawaiian communities; and (iii) for which not less than 50 percent of the activities of the entity serve Indian Tribes, Alaska Native communities, or Native Hawaiian communities; (F) the term Native Hawaiian 25 U.S.C. 4221 (G) the term priority Tribal land (i) any land located within the boundaries of— (I) an Indian reservation, pueblo, or rancheria; or (II) a former reservation within Oklahoma; (ii) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— (I) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (II) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (III) by a dependent Indian community; (iii) any land located within a region established pursuant to section 7(a) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(a) (iv) Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 (v) those areas or communities designated by the Assistant Secretary of Indian Affairs of the Department of the Interior that are near, adjacent, or contiguous to reservations where financial assistance and social service programs are provided to Indians because of their status as Indians. (2) Purpose The purpose of this subsection is to— (A) increase homeownership opportunities for Indian Tribes, Alaska Native Communities, and Native Hawaiian communities in rural areas; and (B) provide capital to Native community development financial institutions to increase the number of mortgage transactions carried out by those institutions. (3) Set aside for Native CDFIs Of amounts appropriated to make direct loans under this section for each fiscal year, the Secretary shall use $50,000,000 to make direct loans to Native community development financial institutions in accordance with this subsection. (4) Application requirements A Native community development financial institution desiring a loan under this subsection shall demonstrate that the institution— (A) can provide the non-Federal cost share required under paragraph (6); and (B) is able to originate and service loans for single family homes. (5) Lending requirements A Native community development financial institution that receives a loan pursuant to this subsection shall— (A) use those amounts to make loans to borrowers— (i) who otherwise meet the requirements for a loan under this section; and (ii) who— (I) are members of an Indian Tribe, an Alaska Native community, or a Native Hawaiian community; or (II) maintain a household in which not less 1 member is a member of an Indian Tribe, an Alaska Native community, or a Native Hawaiian community; and (B) in making loans under subparagraph (A), give priority to borrowers described in that subparagraph who are residing on priority Tribal land. (6) Non-Federal cost share (A) In general A Native community development financial institution that receives a loan under this section shall be required to match not less than 20 percent of the amount received. (B) Waiver In the case of a loan for which amounts are used to make loans to borrowers described in paragraph (5)(B), the Secretary shall waive the non-Federal cost share requirement described in subparagraph (A) with respect to those loan amounts. (7) Reporting (A) Annual report by Native CDFIs Each Native community development financial institution that receives a loan pursuant to this subsection shall submit an annual report to the Secretary on the lending activities of the institution using the loan amounts, which shall include— (i) a description of the outreach efforts of the institution in local communities to identify eligible borrowers; (ii) a description of how the institution leveraged additional capital to reach prospective borrowers; (iii) the number of loan applications received, approved, and deployed; (iv) the average loan amount; (v) the number of finalized loans that were made on Tribal trust lands and not on Tribal trust lands; and (vi) the number of finalized loans that were made on priority Tribal land and not priority Tribal land. (B) Annual report to Congress Not later than 1 year after the date of enactment of this subsection, and every year thereafter, the Secretary shall submit to the appropriate congressional communities a report that includes— (i) a list of loans made to Native community development financial institutions pursuant to this subsection, including the name of the institution and the loan amount; (ii) the percentage of loans made under this section to members of Indian Tribes, Alaska Native communities, and Native Hawaiian communities, respectively, including a breakdown of loans made to households residing on and not on Tribal trust lands; and (iii) the average loan amount made by Native community development financial institutions pursuant to this subsection. (C) Evaluation of program Not later than 3 years after the date of enactment of this subsection, the Secretary and the Secretary of the Treasury shall conduct an evaluation of and submit to the appropriate congressional committees a report on the program under this subsection, which shall— (i) evaluate the effectiveness of the program, including an evaluation of the demand for loans under the program; and (ii) include recommendations relating to the program, including whether— (I) the program should be expanded to such that all community development financial institutions may make loans under the program to the borrowers described in paragraph (5); and (II) the set aside amount paragraph (3) should be modified in order to match demand under the program. (8) Grants for operational support (A) In general The Secretary shall make grants to Native community development financial institutions that receive a loan under this section to provide operational support and other related services to those institutions, subject to— (i) to the satisfactory performance, as determined by the Secretary, of a Native community development financial institution in carrying out this section; and (ii) the availability of funding. (B) Amount A Native community development financial institution that receives a loan under this section shall be eligible to receive an annual grant described in subparagraph (A) in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of loans made by the Native community development financial institution under the program under this section as of the date on which the grant is awarded. (9) Outreach and technical assistance There is authorized to be appropriated to the Secretary $1,000,000 for each of fiscal years 2024, 2025, and 2026— (A) to provide technical assistance to Native community development financial institutions— (i) relating to homeownership and other housing-related assistance provided by the Secretary; and (ii) to assist those institutions to perform outreach to eligible homebuyers relating to the loan program under this section; or (B) to provide funding to a national organization representing Native American housing interests to perform outreach and provide technical assistance as described in clauses (i) and (ii), respectively, of subparagraph (A). .

Native American Rural Homeownership Improvement Act of 2023

Beautifying Federal Civic Architecture Act of 2023 This bill establishes policy on the preferred architecture of federal public buildings. For example, the bill establishes that (1) traditional and classical architecture is the preferred style for federal public buildings, and (2) classical architecture is the default and preferred style for federal public buildings in the District of Columbia. The bill also establishes a Council on Improving Federal Civic Architecture to evaluate and advise the General Services Administration (GSA) on the design of new and existing federal public buildings. If GSA approves a design that diverges from preferred architecture, it must notify Congress and the Assistant to the President for Domestic Policy.

118 S1943 IS: Beautifying Federal Civic Architecture Act of 2023 U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1943 IN THE SENATE OF THE UNITED STATES June 13, 2023 Mr. Rubio Mr. Hagerty Mrs. Blackburn Mr. Lee Mr. Budd Mr. Braun Committee on Environment and Public Works A BILL To establish the Council on Improving Federal Civic Architecture, and for other purposes. 1. Short title This Act may be cited as the Beautifying Federal Civic Architecture Act of 2023 2. Policy of the United States It is the policy of the United States that— (1) applicable Federal public buildings should— (A) uplift and beautify public spaces; (B) inspire the human spirit; (C) ennoble the United States; (D) command respect from the general public; (E) be visually identifiable as civic buildings; and (F) as appropriate, respect regional architectural heritage; (2) architecture, with particular regard for traditional and classical architecture, that meets the criteria described in paragraph (1) is the preferred architecture for applicable Federal public buildings; (3) in the District of Columbia, classical architecture is the preferred and default architecture for Federal public buildings absent exceptional factors necessitating another style of architecture; (4) where the architecture of applicable Federal public buildings diverges from the preferred architecture, great care and consideration shall be taken to choose a design that— (A) commands respect from the general public; and (B) clearly conveys to the general public the dignity, enterprise, vigor, and stability of the system of self-government of the United States; (5) when renovating, reducing, or expanding applicable Federal public buildings that do not meet the criteria described in paragraph (1), (2), or (3), the feasibility and potential expense of building redesign to meet those criteria should be examined; (6) where feasible and economical, a redesign described in paragraph (5) should be given substantial consideration, especially with respect to the exterior of the applicable Federal building; and (7) (A) the Administration should seek input from future users of applicable Federal public buildings and the general public in the community where those buildings will be located; and (B) give the input received from the general public under subparagraph (A) substantial consideration before selecting an architectural firm or design style for those buildings. 3. Definitions In this Act: (1) 2023 dollars The term 2023 dollars (2) Administration The term Administration (3) Administrator The term Administrator (4) Applicable Federal public building (A) In general The term applicable Federal public building (i) any Federal courthouse; (ii) any Federal agency headquarters; (iii) any public building in the District of Columbia; and (iv) any other public building the cost or expected cost to design, build, and finish of which is more than $50,000,000 in 2023 dollars. (B) Exclusions The term applicable Federal public building (5) Brutalist The term Brutalist (6) Classical architecture (A) In general The term classical architecture (i) derived from the forms, principles, and vocabulary of the architecture of Greek and Roman antiquity; and (ii) later developed and expanded on by— (I) Renaissance architects, including Alberti, Brunelleschi, Michelangelo, and Palladio; (II) Enlightenment masters, including Robert Adam, John Soane, and Christopher Wren; (III) 19th Century architects, including Benjamin Henry Latrobe, Louise Blanchard Bethune, Robert Mills, and Thomas U. Walter; and (IV) 20th Century practitioners, including Julian Abele, Daniel Burnham, Charles F. McKim, John Russell Pope, Julia Morgan, Robert Robinson Taylor, and the firm of Delano and Aldrich. (B) Inclusions The term Classical architecture (7) Council The term Council (8) Deconstructivist The term Deconstructivist (A) generally known as deconstructivism (B) that subverts the traditional values of architecture through features such as fragmentation, disorder, discontinuity, distortion, skewed geometry, and the appearance of instability. (9) General public The term general public (A) artists, architects, engineers, art or architecture critics, instructors or professors of art or architecture, or members of the building industry; or (B) affiliated with any interest group, trade association, or any other organization whose membership is financially affected by decisions involving the design, construction, or remodeling of public buildings. (10) Officer The term officer (11) Preferred architecture The term preferred architecture (12) Public building The term public building (13) Traditional architecture The term traditional architecture (A) classical architecture; and (B) the historic humanistic architecture, including Gothic, Italianate, Renaissance Revival, Romanesque, Pueblo Revival, Spanish Colonial, and other styles of architecture historically rooted in various regions of the United States. 4. Council on Improving Federal Civic Architecture (a) Establishment There is established the Council on Improving Federal Civic Architecture. (b) Membership (1) In general The Council shall be composed of— (A) the Chair of the Commission of Fine Arts serving in that position on the date of enactment of this Act; (B) any individual who served as Chair of the Commission of Fine Arts before the date of enactment of this Act, if that individual chooses to serve on the Council; (C) the Secretary of the Commission of Fine Arts; (D) the Architect of the Capitol (or a designee); (E) the Commissioner of the Public Building Service of the Administration; (F) the Chief Architect of the Administration; and (G) not more than 10 individuals, to be evenly appointed by the Chair of the Committee on Environment and Public Works of the Senate and the Chair of the Committee on Transportation and Infrastructure of the House of Representatives, from among citizens of the United States that are not employees or officers of the Federal Government. (2) Chair (A) In general The Council shall be chaired by an individual described in any of subparagraphs (A) through (G) of paragraph (1), who shall be elected by the Council. (B) Vice chair; subcommittees The Chair of the Council may— (i) designate a Vice Chair; and (ii) establish subcommittees. (3) Certain members Members of the Council described in paragraph (1)(G)— (A) shall serve on the Council until the date on which the Council terminates under subsection (e); and (B) shall not be removed except for inefficiency, neglect of duty, or malfeasance. (4) Compensation (A) No compensation Except as provided in subparagraph (B), a member of the Council shall receive no compensation as a result of serving on the Council. (B) Travel expenses A member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (c) Duties of Council The Council shall— (1) not later than 1 year after the date of enactment of this Act, and annually thereafter until the date on which the Council terminates under subsection (e), submit to the Administrator a report recommending updates to policies, procedures, or practices of the Administration that— (A) (i) identifies any policies, procedures, or practices of the Administration that do not adhere to sections 2 and 5; and (ii) recommends updates to those policies, procedures, and practices to align those policies, procedures, and practices with those sections; (B) analyzes the design for any new applicable Federal public building and, if necessary, recommends changes so that the applicable Federal public building adheres to sections 2 and 5; and (C) analyzes all applicable Federal public buildings, including the architectural styles of those buildings, and recommends redesigns, if any, to align those buildings with section 2; and (2) recommend to the Administrator changes to Administration policies for situations in which the Administration participates in a design selection pursuant to chapter 89 Commemorative Works Act (d) Applicability Chapter 10 Federal Advisory Committee Act (e) Termination The Council shall terminate on the date that is 5 years after the date on which the Council holds the initial meeting of the Council. 5. GSA requirements (a) In general The Administrator shall adhere to the policy of the United States described in section 2. (b) Notification (1) In general If the Administrator proposes to approve a design for a new applicable Federal public building that diverges from the preferred architecture, including Brutalist or Deconstructivist architecture or any design derived from or related to those styles of architecture, the Administrator shall submit to the Assistant to the President for Domestic Policy and the appropriate committees of Congress, not later than 30 days before the date on which the Administrator could reject the design without incurring substantial expenditures, a notification in accordance with paragraph (2). (2) Requirements A notification submitted under paragraph (1) shall describe the reasons the Administrator proposes to approve a design described in that paragraph, including— (A) a detailed explanation of why the Administrator believes selecting the design is justified, with particular focus on whether the design is as beautiful and reflective of the dignity, enterprise, vigor, and stability of the system of self-government in the United States as alternative designs of comparable cost using preferred architecture; (B) the total expected cost of adopting the proposed design, including estimated maintenance and replacement costs throughout the expected lifecycle of the design; (C) (i) a description of the designs using preferred architecture seriously considered for the project, including copies of blueprints or renderings of those designs that have been produced; and (ii) the total expected cost of adopting those designs, including estimated maintenance and replacement costs throughout the expected lifecycles of those designs; and (D) the steps that the Administrator took to solicit and consider the views of the general public about the design. 6. Reports to Congress Not less frequently than once annually, the Administrator shall submit to the appropriate committees of Congress a report that includes— (1) a detailed explanation of the steps the Administrator has taken to adhere to sections 2 and 5; (2) a detailed explanation of the steps the Administrator has taken to adopt recommendations made by the Council in a report submitted under section 4(c)(1); and (3) a list of all applicable Federal public buildings that the Federal Government owns and a description of the architectural style of those buildings.

Beautifying Federal Civic Architecture Act of 2023

CERTS Tax Exemption Act This bill excludes from the gross income of an eligible provider of transportation services, for income tax purposes, grant amounts received under the Coronavirus Economic Relief for Transportation Services Act.

118 S1944 IS: CERTS Tax Exemption Act U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1944 IN THE SENATE OF THE UNITED STATES June 13, 2023 Mrs. Blackburn Mr. Reed Ms. Collins Mr. Casey Mr. Daines Mrs. Shaheen Committee on Finance A BILL To exempt grants received under the Coronavirus Economic Relief for Transportation Services (CERTS) Act from Federal taxation. 1. Short title This Act may be cited as the CERTS Tax Exemption Act 2. Exemption of grants from taxation (a) In general Section 421 of the Coronavirus Economic Relief for Transportation Services Act ( 15 U.S.C. 9111 (g) Tax treatment For purposes of the Internal Revenue Code of 1986— (1) no amount shall be included in the gross income of the eligible provider of transportation services by reason of a grant under this section, (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and (3) in the case of an eligible provider of transportation services which is a partnership or S corporation— (A) any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of such Code, and (B) except as provided by the Secretary of the Treasury (or the Secretary's delegate), any increase in the adjusted basis of a partner's interest in a partnership under section 705 of such Code with respect to any amount described in subparagraph (A) shall equal the partner's distributive share of deductions resulting from costs described in subsection (d) which are paid using a grant under this section. . (b) Effective date The amendment made by this section shall apply to taxable years ending after the date of the enactment of the Coronavirus Economic Relief for Transportation Services Act.

CERTS Tax Exemption Act

John Lewis Civil Rights Fellowship Act of 2023 This bill establishes the John Lewis Civil Rights Fellowship Program within the J. William Fulbright Educational Exchange Program (commonly referred to as the Fulbright Program). The fellowship program shall honor the legacy of Representative John Lewis and advance U.S. foreign policy priorities by promoting studies, research, and international exchange in the subject of nonviolent civil rights movements around the world. The Fulbright Foreign Scholarship Board shall annually select qualified individuals to serve as fellows in the fellowship program. The Bureau of Educational and Cultural Affairs may determine the number of fellows for each year, with at least 25 fellows each year whenever feasible. Each fellow shall (1) work in an internship or research position with an approved organization in a country with an operational Fulbright U.S. Student Program, and (2) receive an award sufficient to cover the fellow's reasonable costs during the fellowship period and certain travel and lodging expenses related to the program.

118 S1945 IS: John Lewis Civil Rights Fellowship Act of 2023 U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1945 IN THE SENATE OF THE UNITED STATES June 13, 2023 Mr. Hickenlooper Mr. Scott of South Carolina Mr. Ossoff Ms. Collins Committee on Foreign Relations A BILL To establish the John Lewis Civil Rights Fellowship to fund international internships and research placements for early- to mid-career professionals to study nonviolent movements to establish and protect civil rights around the world. 1. Short title This Act may be cited as the John Lewis Civil Rights Fellowship Act of 2023 2. John Lewis Civil Rights Fellowship Program The Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. 115. John Lewis Civil Rights Fellowship Program (a) Establishment There is established the John Lewis Civil Rights Fellowship Program (referred to in this section as the Fellowship Program (b) Purposes The purposes of the Fellowship Program are— (1) to honor the legacy of Representative John Lewis by promoting a greater understanding of the history and tenets of nonviolent civil rights movements; and (2) to advance foreign policy priorities of the United States by promoting studies, research, and international exchange in the subject of nonviolent movements that established and protected civil rights around the world. (c) Administration The Bureau of Educational and Cultural Affairs (referred to in this section as the Bureau (d) Selection of fellows (1) In general The Board shall annually select qualified individuals to participate in the Fellowship Program. The Bureau may determine the number of fellows selected each year, which, whenever feasible, shall be not fewer than 25. (2) Outreach (A) In general To the extent practicable, the Bureau shall conduct outreach at institutions, including— (i) minority serving institutions, including historically Black colleges and universities; and (ii) other appropriate institutions, as determined by the Bureau. (B) Definitions In this paragraph: (i) Historically Black college and university The term historically Black college and university part B institution 20 U.S.C. 1061 (ii) Minority serving institution The term minority-serving institution 20 U.S.C. 1067q(a) (e) Fellowship orientation Annually, the Bureau shall organize and administer a fellowship orientation, which shall— (1) be held in Washington, DC, or at another location selected by the Bureau; and (2) include programming to honor the legacy of Representative John Lewis. (f) Structure (1) Work plan To carry out the purposes described in subsection (b)— (A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement— (i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and (ii) in a country with an operational Fulbright U.S. Student Program; and (B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. (2) Conferences; presentations Each fellow shall— (A) attend a fellowship orientation organized and administered by the Bureau under subsection (e); (B) not later than the date that is 1 year after the end of the fellowship period, attend a fellowship summit organized and administered by the Bureau, which— (i) whenever feasible, shall be held in Atlanta, Georgia, or another location of importance to the civil rights movement in the United States; and (ii) may coincide with other events facilitated by the Bureau; and (C) at such summit, give a presentation on lessons learned during the period of fellowship. (3) Fellowship period Each fellowship under this section shall continue for a period determined by the Bureau, which, whenever feasible, shall be not fewer than 10 months. (g) Fellowship award The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for— (1) the reasonable costs of the fellow during the fellowship period; and (2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). (h) Annual report Not later than 1 year after the date of the completion of the Fellowship Program by the initial cohort of fellows selected under subsection (d), and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the implementation of the Fellowship Program, including— (1) a description of the demographics of the cohort of fellows who completed a fellowship during the preceding 1-year period; (2) a description of internship and research placements, and research projects selected by such cohort, under the Fellowship Program, including feedback from— (A) such cohort on implementation of the Fellowship Program; and (B) the Secretary on lessons learned; and (3) an analysis of trends relating to the diversity of each cohort of fellows and the topics of projects completed since the establishment of the Fellowship Program. . 3. Technical and conforming amendments to the Mutual Educational and Cultural Exchange Act of 1961 Section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2460(a) (1) in paragraph (8), by striking ; and (2) in paragraph (9), by striking the period and inserting ; and (3) by adding at the end the following: (10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries. .

John Lewis Civil Rights Fellowship Act of 2023

Methane Emissions Research Act of 2023 This bill requires the Environmental Protection Agency to conduct a methane research pilot study to quantify methane emissions from infrastructure used for the production, gathering and boosting, processing, transmission, and storage of oil and natural gas in the United States.

118 S1947 IS: Methane Emissions Research Act of 2023 U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1947 IN THE SENATE OF THE UNITED STATES June 13, 2023 Mr. Merkley Mr. Whitehouse Mr. Padilla Mr. Heinrich Committee on Environment and Public Works A BILL To direct the Administrator of the Environmental Protection Agency to conduct a measurement-based national methane research pilot study to quantify methane emissions from certain oil and gas infrastructure, and for other purposes. 1. Short title This Act may be cited as the Methane Emissions Research Act of 2023 2. National methane research pilot study (a) Definitions In this section: (1) Administrator The term Administrator (2) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Science, Space, and Technology of the House of Representatives. (3) Covered oil and gas infrastructure (A) In general The term covered oil and gas infrastructure (B) Exclusion The term covered oil and gas infrastructure (4) Methane census The term methane census (A) be undertaken on a recurring basis; and (B) encompass all 7 regions. (5) Pilot study The term pilot study (6) Region The term region (b) Pilot study required The Administrator, in consultation with the Secretary of Energy, the Administrator of the National Aeronautics and Space Administration, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Pipeline and Hazardous Materials Safety Administration, the Director of the National Institute of Standards and Technology, and the heads of other Federal agencies as the Administrator determines appropriate, shall conduct a measurement-based national methane research pilot study to quantify methane emissions from covered oil and gas infrastructure. (c) Requirements (1) In general In carrying out the pilot study, the Administrator shall— (A) select 2 regions within which to carry out the pilot study; (B) identify areas consisting primarily of covered oil and gas infrastructure within each region selected under subparagraph (A); (C) develop and implement methodologies and procedures for a measurement-based evaluation of methane emissions from the covered oil and gas infrastructure described in subparagraph (B); (D) assess diverse approaches to the characterization of methane emissions from the covered oil and gas infrastructure described in subparagraph (B); and (E) consult with Federal, State, local, academic, nonprofit, and private sector entities, as appropriate. (2) Technologies In carrying out the pilot study, the Administrator shall— (A) employ a technology or suite of technologies for methane emissions measurement, research, and analysis; and (B) to the extent practicable, consider using innovative technologies for methane emissions measurement and quantification. (d) Report Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress, and make publicly available, a report assessing the results of the pilot study, which shall include— (1) an overview of the findings of the pilot study with respect to the quantification and characterization of methane emissions from covered oil and gas infrastructure; (2) an analysis of how the pilot study could support and inform the development and implementation of a methane census, which shall include an analysis of— (A) the feasibility of evaluating the amount of methane emissions from covered oil and gas infrastructure by region, industry segment, type of emission source, or any other criterion, as a component of a methane census; (B) the necessary scope of measurement-based activities within regions in order to carry out a methane census; (C) any onshore or offshore gaps within the scope of the pilot study that could merit inclusion as a part of a methane census; (D) the estimated budget that would be required to oversee a methane census; and (E) any other relevant topic, as determined by the Administrator; (3) an analysis of how the measurement-based evaluation of methane emissions from covered oil and gas infrastructure, as completed by the pilot study or contemplated for a methane census, could support efforts to reconcile data generated by top-down methods and bottom-up methods of analysis of methane emissions from covered oil and gas infrastructure with respect to the Inventory of U.S. Greenhouse Gas Emissions and Sinks of the Environmental Protection Agency, which shall include an analysis of— (A) how methane emissions data from the pilot study or a methane census could be used as a part of a reconciliation process to better understand and improve data estimates from both top-down methods and bottom-up methods of analysis of methane emissions from covered oil and gas infrastructure; (B) how methane emissions data from the pilot study or a methane census could identify and help to explore any significant discrepancies between top-down methods and bottom-up methods of analysis of methane emissions from covered oil and gas infrastructure; and (C) any other relevant topic, as determined by the Administrator; (4) a description of any research or technology gaps that were identified during the course of the pilot study and could merit additional study to support the improvement of methane emissions measurement and quantification; and (5) a description of the methodology of the pilot study that, to the greatest extent practicable and consistent with appropriate protections for confidential business information and intellectual property, as determined by the Administrator, includes a discussion of— (A) study design; (B) measurement techniques; (C) efforts to account for additional significant sources of methane emissions within a region; and (D) assumptions and uncertainties in the results of the pilot study. (e) Methane emissions data interoperability (1) In general The Administrator, to the greatest extent practicable, shall ensure that all data collected as part of the pilot study adheres to data and metadata standards determined appropriate by the Administrator to support the public findability, accessibility, interoperability, and reusability of those data. (2) Consultation In carrying out paragraph (1), the Administrator shall consult with the heads of other Federal agencies, as appropriate— (A) to facilitate effective data sharing regarding methane emissions measurement and quantification data; and (B) to ensure that methane emissions measurement and quantification data gathered by those other Federal agencies can be converted to a format that is consistent with the methodologies and procedures of the pilot study. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000, to remain available until expended.

Methane Emissions Research Act of 2023

Why Does the IRS Need Guns Act This bill prohibits the Internal Revenue Service (IRS) from using appropriated funds to purchase, receive, or store any firearm or ammunition. It also requires the IRS to transfer to the General Services Administration (GSA) any firearms or ammunition owned or under the control of the IRS. Within 30 days of such transfer, the GSA must initiate the sale or auction of any firearms to licensed dealers and the auction of any ammunition to the general public. The bill grants the Department of Justice authority over the administration and enforcement of criminal investigations with respect to the sale or transfer of firearms and ammunition.

118 S1949 IS: Why Does the IRS Need Guns Act U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1949 IN THE SENATE OF THE UNITED STATES June 13, 2023 Ms. Ernst Committee on Finance A BILL To prohibit the Internal Revenue Service from providing firearms and ammunition to its employees, and for other purposes. 1. Short title This Act may be cited as the Why Does the IRS Need Guns Act 2. Definitions For purposes of this Act: (1) Ammunition The term ammunition (2) Commissioner The term Commissioner (3) Firearm The term firearm 3. Prohibition on use of funds (a) In general Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any fiscal year may be obligated or expended by the Commissioner to purchase, receive, or store any firearm or ammunition. (b) Effective date This section shall take effect on the date which is 120 days after the date of enactment of this Act. 4. Transfer of firearms and ammunition Not later than the date which is 120 days after the date of enactment of this Act, the Commissioner shall transfer to the Administrator of General Services— (1) any firearms owned by, or under the control of, the Internal Revenue Service; and (2) any ammunition owned by, or under the control of, the Internal Revenue Service. 5. Sale of firearms (a) In general Not later than the date which is 30 days after the date on which the transfer described in section 4 has been completed, the Administrator of General Services shall— (1) initiate the sale or auction of any firearms described in paragraph (1) of such section to licensed dealers (as defined in section 921(a)(11) of title 18, United States Code); and (2) initiate the auction of any ammunition described in paragraph (2) of section 4 to members of the general public. (b) Proceeds Any proceeds from the sale or auction of property described in subsection (a) shall be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. 6. Administration of criminal investigations by Attorney General (a) In general With respect to the administration and enforcement of— (1) any of the criminal provisions of the internal revenue laws, (2) any other criminal provisions of law relating to internal revenue for the enforcement of which the Secretary of the Treasury, as of the date of enactment of this Act, was responsible, or (3) any other law for which the Secretary of the Treasury, as of the date of enactment of this Act, delegated investigatory authority to the Internal Revenue Service, such administration and enforcement shall be performed by or under the supervision of the Attorney General. (b) Performance of transferred functions The Attorney General may make such provisions as the Attorney General determines appropriate to authorize the performance by any officer, employee, or agency of the Department of Justice of any function transferred to the Attorney General under this section. (c) Transfer of authorities, functions, personnel, and assets to the Department of Justice Notwithstanding any other provision of law, there are transferred to the Department of Justice the authorities, functions, personnel, and assets of the Criminal Investigation Division of the Internal Revenue Service, which shall be maintained as a distinct entity within the Criminal Division of the Department of Justice, including the related functions of the Secretary of the Treasury. (d) Effective date This section shall take effect on the date which is 90 days after the date of enactment of this Act.

Why Does the IRS Need Guns Act

Keweenaw Bay Indian Community Land Claim Settlement Act of 2023 This bill directs the Department of the Interior to transfer funds to the Keweenaw Bay Indian Community (KBIC) in order to settle the KBIC's land claims to the Reservation Swamp Lands and the Reservation Canal Lands and clear title to those lands. The KBIC may use these funds for any lawful purpose except to acquire land for gaming.

118 S195 ES: Keweenaw Bay Indian Community Land Claim Settlement Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 195 IN THE SENATE OF THE UNITED STATES AN ACT To provide compensation to the Keweenaw Bay Indian Community for the taking without just compensation of land by the United States inside the exterior boundaries of the L’Anse Indian Reservation that were guaranteed to the Community under a treaty signed in 1854, and for other purposes. 1. Short title This Act may be cited as the Keweenaw Bay Indian Community Land Claim Settlement Act of 2023 2. Findings Congress finds that— (1) the Keweenaw Bay Indian Community is a federally recognized Indian Tribe residing on the L’Anse Indian Reservation in Baraga County in the Upper Peninsula of the State of Michigan; (2) the Community is a successor in interest to the Treaty with the Chippewa Indians of the Mississippi and Lake Superior, made and concluded at La Pointe of Lake Superior October 4, 1842 (7 Stat. 591) (referred to in this section as the 1842 Treaty (3) the Community is also a successor in interest to the Treaty with the Chippewa Indians of Lake Superior and the Mississippi, made and concluded at La Pointe September 30, 1854 (10 Stat. 1109) (referred to in this section as the 1854 Treaty (4) article 2, paragraph 1 of the 1854 Treaty created the L’Anse Indian Reservation as a permanent reservation; (5) pursuant to article 13 of the 1854 Treaty, the 1854 Treaty became obligatory on the contracting parties (6) in 1850, Congress enacted the Act of September 28, 1850 (commonly known and referred to in this section as the Swamp Land Act construct the necessary levees and drains to reclaim swamp and overflowed lands, made unfit thereby for cultivation shall remain unsold at the passage of this act … . (7) following enactment of the Swamp Land Act, the State claimed thousands of acres of swamp land in the State pursuant to that Act; (8) between 1893 and 1937, the General Land Office patented 2,743 acres of land to the State that were located within the exterior boundaries of the Reservation (referred to in this section as Reservation Swamp Lands (9) the right of the Community to use and occupy the unsold land within the Reservation had not been extinguished when the United States patented the Reservation Swamp Lands to the State; (10) in 1852, Congress enacted the Act of August 26, 1852 (10 Stat. 35, chapter 92) (referred to in this section as the Canal Land Act (11) pursuant to the Canal Land Act, the United States granted the State the right to select 750,000 acres of unsold public land within the State to defray the cost of construction of the Sault Ste. Marie Canal; (12) the State identified and selected, among other land, a minimum of 1,333.25 and up to 2,720 acres within the exterior boundaries of the Reservation (referred to in this section as the Reservation Canal Lands (13) the Department of the Interior approved the land selections of the State, including the Reservation Canal Lands, after ratification of the 1854 Treaty; (14) the Secretary noted that the approval described in paragraph (13) was subject to any valid interfering rights (15) the 1854 Treaty set apart from the public domain all unsold land within the Reservation to the Community as of September 30, 1854, which preceded the date on which the State established legally effective title to the Reservation Canal Lands; (16) the Community made claims to the Department of the Interior with respect to the Reservation Swamp Lands and the Reservation Canal Lands, providing legal analysis and ethnohistorical support for those claims; (17) in December 2021, the Department of the Interior stated that We have carefully reviewed pertinent documents, including the Tribe’s expert reports, and have determined that the Tribe’s claims to the Swamp Lands and Canal Lands have merit (18) the United States, through the actions of the General Land Office, deprived the Community of the exclusive use and occupancy of the Reservation Swamp Lands and the Reservation Canal Lands within the Reservation, without just compensation as required under the Takings Clause of the Fifth Amendment to the Constitution of the United States; (19) the loss of the Reservation Swamp Lands and the Reservation Canal Lands without just compensation has— (A) impacted the exercise by the Community of cultural, religious, and subsistence rights on the land; (B) caused a harmful disconnect between the Community and its land; (C) impacted the ability of the Community to fully exercise its economy within the Reservation; and (D) had a negative economic impact on the development of the economy of the Community; (20) certain non-Indian individuals, entities, and local governments occupy land within the boundaries of the Reservation— (A) acquired ownership interests in the Reservation Swamp Lands and the Reservation Canal Lands in good faith; and (B) have an interest in possessing clear title to that land; (21) this Act allows the United States— (A) to secure a fair and equitable settlement of past inequities suffered by the Community as a result of the actions of the United States that caused the taking of the Reservation Swamp Lands and the Reservation Canal Lands without just compensation; and (B) to ensure protection of the ownership of the Reservation Swamp Lands and the Reservation Canal Lands by non-Indian occupants of the Reservation, through the settlement of the claims of the Community to that land, and through that action, the relief of any clouds on title; (22) a settlement will allow the Community to receive just compensation and the local landowners to obtain clear title to land, without long and protracted litigation that would be both costly and detrimental to all involved; and (23) this Act achieves both justice for the Community and security for current landowners through a restorative and non-confrontational process. 3. Purposes The purposes of this Act are— (1) to acknowledge the uncompensated taking by the Federal Government of the Reservation Swamp Lands and the Reservation Canal Lands; (2) to provide compensation to the Community for the uncompensated taking of the Reservation Swamp Lands and the Reservation Canal Lands by the Federal Government; (3) to extinguish all claims by the Community to the Reservation Swamp Lands and the Reservation Canal Lands and to confirm the ownership by the current landowners of the Reservation Swamp Lands and the Reservation Canal Lands, who obtained that land in good faith; (4) to extinguish all potential claims by the Community against the United States, the State, and current landowners concerning title to, use of, or occupancy of the Reservation Swamp Lands and the Reservation Canal Lands; and (5) to authorize the Secretary— (A) to compensate the Community; and (B) to take any other action necessary to carry out this Act. 4. Definitions In this Act: (1) Community The term Community (2) County The term County (3) Reservation The term Reservation (A) T. 51 N., R. 33 W.; (B) T. 51 N., R. 32 W.; (C) T. 50 N., R. 33 W., E 1/2 (D) T. 50 N., R. 32 W., W 1/2 (E) that portion of T. 51 N., R. 31 W. lying west of Huron Bay. (4) Reservation Canal Lands The term Reservation Canal Lands (5) Reservation Swamp Lands The term Reservation Swamp Lands Swamp Land Act (6) Secretary The term Secretary (7) State The term State 5. Payments (a) Transfer of funds As soon as practicable after the date on which the amount authorized to be appropriated under subsection (c) is made available to the Secretary, the Secretary shall transfer $33,900,000 to the Community. (b) Use of funds (1) In general Subject to paragraph (2), the Community may use the amount received under subsection (a) for any lawful purpose, including— (A) governmental services; (B) economic development; (C) natural resources protection; and (D) land acquisition. (2) Restriction on use of funds The community may not use the amount received under subsection (a) to acquire land for gaming purposes. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out subsection (a) $33,900,000 for fiscal year 2024, to remain available until expended. 6. Extinguishment of claims (a) In general Effective on the date on which the Community receives the payment under section 5(a), all claims of the Community to the Reservation Swamp Lands and the Reservation Canal Lands owned by persons or entities other than the Community are extinguished. (b) Clear title Effective on the date on which the Community receives the payment under section 5(a), the title of all current owners to the Reservation Swamp Lands and the Reservation Canal Lands is cleared of all preexisting rights held by the Community and any of the members of the Community. 7. Effect Nothing in this Act authorizes— (1) the Secretary to take land into trust for the benefit of the Community for gaming purposes; or (2) the Community to use land acquired using amounts received under this Act for gaming purposes. Passed the Senate December 14, 2023. Secretary

Keweenaw Bay Indian Community Land Claim Settlement Act of 2023

Disaster Mitigation and Tax Parity Act of 2023 This bill excludes from gross income, for income tax purposes, any qualified catastrophe mitigation payment made under a state-based catastrophe loss mitigation program. A qualified catastrophe mitigation payment means any amount received for making improvements to an individual's property for the sole purpose of reducing the damage that would be done to such property by a windstorm, earthquake, or wildfire.

118 S1953 IS: Disaster Mitigation and Tax Parity Act of 2023 U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1953 IN THE SENATE OF THE UNITED STATES June 13, 2023 Mrs. Feinstein Mr. Padilla Mr. Cassidy Mr. Tillis Mr. Kennedy Mr. Hickenlooper Mr. Bennet Mr. Merkley Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to exclude from gross income amounts received from State-based catastrophe loss mitigation programs. 1. Short title This Act may be cited as the Disaster Mitigation and Tax Parity Act of 2023 2. Exclusion of amounts received from State-based catastrophe loss mitigation programs (a) In general Section 139 (h) State-Based catastrophe loss mitigation programs (1) In general Gross income shall not include any amount received by or paid for the benefit of an individual as a qualified catastrophe mitigation payment under a program established by— (A) a State or any political subdivision or public instrumentality thereof, (B) a joint powers authority, or (C) an entity created by State law to ensure the availability of an adequate market of last resort for essential property insurance or basic property insurance, over which a State agency or State department of insurance has regulatory oversight, for the purpose of making such payments. (2) Qualified catastrophe mitigation payment For purposes of this section, the term qualified catastrophe mitigation payment (3) No increase in basis Rules similar to the rules of subsection (g)(3) shall apply in the case of this subsection. . (b) Conforming amendments (1) Section 139(d) and qualified , qualified catastrophe mitigation payments, and qualified (2) Section 139(i) of such Code (as redesignated by subsection (a)) is amended by striking or qualified , qualified catastrophe mitigation payment, or qualified (c) Effective date (1) In general The amendments made by this section shall apply to taxable years beginning after December 31, 2020. (2) Retroactive applicability The Secretary of the Treasury, or the Secretary's delegate, shall provide an opportunity for individuals to claim the exclusion from gross income under section 139(h)

Disaster Mitigation and Tax Parity Act of 2023

Whole Milk for Healthy Kids Act of 2023 This bill revises requirements for milk provided by the National School Lunch Program of the Department of Agriculture (USDA). Currently, schools participating in the program must provide milk that is consistent with the most recent Dietary Guidelines for Americans; USDA regulations require milk to be fat-free or low-fat and allow milk to be flavored or unflavored. The bill modifies these restrictions and instead permits schools to offer students whole, reduced-fat, low-fat, and fat-free flavored and unflavored milk. In addition, schools currently participating in the program must provide meals that meet certain nutrition requirements; USDA regulations require that the average saturated fat content of the meals offered must be less than 10% of the total calories. Under the bill, fluid milk is excluded from the saturated fat content calculation; milk fat included in any fluid milk provided by the program must not be considered saturated fat for the purposes of measuring compliance with USDA regulations.

118 S1957 IS: Whole Milk for Healthy Kids Act of 2023 U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1957 IN THE SENATE OF THE UNITED STATES June 13, 2023 Mr. Marshall Mr. Welch Mr. Johnson Mr. Fetterman Mr. Risch Ms. Collins Mr. King Mrs. Gillibrand Mrs. Hyde-Smith Mr. Crapo Mr. Grassley Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to allow schools that participate in the school lunch program to serve whole milk, and for other purposes. 1. Short title This Act may be cited as the Whole Milk for Healthy Kids Act of 2023 2. Whole milk permissible Section 9(a)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(a)(2)(A) (1) in subparagraph (A)— (A) in clause (i), by striking milk. ( 7 U.S.C. 5341 milk; (B) in clause (ii), by inserting whole, reduced-fat, low-fat, and fat-free unflavored (2) by adding at the end the following: (D) Saturated fat Milk fat included in any fluid milk provided under subparagraph (A) shall not be considered saturated fat for purposes of measuring compliance with the allowable average saturated fat content of a meal under section 210.10 of title 7, Code of Federal Regulations (or successor regulations). .

Whole Milk for Healthy Kids Act of 2023

Sustainable Aviation Fuels Accuracy Act of 2023 This bill defines the standards that apply to sustainable aviation fuel at the Federal Aviation Administration (FAA). The FAA must issue or revise regulations as necessary to provide that the bill's definition of sustainable aviation fuel applies to (1) all aircraft flown to, from, or within the United States; and (2) all programs established, administered, or overseen by the FAA. Under the bill, sustainable aviation fuel means liquid fuel, the portion of which is not kerosene, which (1) meets specific international standards, (2) is not derived from coprocessing specific materials (e.g., triglycerides) with a non-biomass feedstock, (3) is not derived from palm fatty acid distillates or petroleum, and (4) is certified as having a lifecycle greenhouse gas emissions reduction percentage of at least 50% compared with petroleum-based jet fuel (based on specific standards and agreements).

118 S1958 IS: Sustainable Aviation Fuels Accuracy Act of 2023 U.S. Senate 2023-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 1958 IN THE SENATE OF THE UNITED STATES June 13, 2023 Ms. Duckworth Mrs. Fischer Ms. Ernst Ms. Klobuchar Mr. Grassley Committee on Commerce, Science, and Transportation A BILL To identify the standards required to meet the definition of sustainable aviation fuel at the Federal Aviation Administration. 1. Short title This Act may be cited as the Sustainable Aviation Fuels Accuracy Act of 2023 2. Standard, uniform definition of sustainable aviation fuel (a) In general Not later than 60 days after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall issue or revise regulations as necessary to provide that the definition of sustainable aviation fuel specified in subsection (b) applies to— (1) all aircraft flown to, from, or within the United States; and (2) all programs established, administered, or overseen by the Federal Aviation Administration. (b) Sustainable aviation fuel defined (1) In general For purposes of subsection (a), the term sustainable aviation fuel (A) meets the requirements of— (i) ASTM International Standard D7566; or (ii) the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1; (B) is not derived from coprocessing an applicable material (or materials derived from an applicable material) with a feedstock which is not biomass; (C) is not derived from palm fatty acid distillates or petroleum; and (D) has been certified in accordance with paragraph (2)(C) as having a lifecycle greenhouse gas emissions reduction percentage of at least 50 percent. (2) Other definitions For purposes of paragraph (1): (A) Applicable material The term applicable material (i) monoglycerides, diglycerides, and triglycerides, (ii) free fatty acids, and (iii) fatty acid esters. (B) Biomass The term biomass section 45K(c)(3) (C) Lifecycle greenhouse gas emissions reduction percentage The term lifecycle greenhouse gas emissions reduction percentage (i) the most recent Carbon Offsetting and Reduction Scheme for International Aviation which has been adopted by the International Civil Aviation Organization with the agreement of the United States; or (ii) the most recent determinations under the Greenhouse gases, Regulated Emissions, and Energy use in Transportation (GREET) model developed by Argonne National Laboratory or any successor model developed by Argonne National Laboratory.

Sustainable Aviation Fuels Accuracy Act of 2023

College for All Act of 2023 This bill establishes measures to expand access to higher education, including by eliminating tuition and required fees for eligible students, revising the Federal Pell Grant program, and reauthorizing certain programs to assist students from disadvantaged backgrounds. Specifically, the bill provides funding to enable states and tribal colleges and universities, through a federal-state partnership, to eliminate tuition and required fees for (1) all students at community colleges and two-year tribal colleges and universities, and (2) working- and middle-class students at four-year public institutions of higher education and tribal colleges and universities. The bill provides funding to enable private, nonprofit historically Black colleges and universities and minority-serving institutions to eliminate tuition and required fees for eligible students. The bill permanently reauthorizes and otherwise revises the Federal Pell Grant program by providing funding to increase the maximum award for each eligible student, increasing the duration limit for the use of Pell Grants, allowing students to use their awards to cover living and nontuition expenses, and expanding eligibility to Dreamer students (i.e., students who have been granted Deferred Action for Childhood Arrivals status and who entered the United States before the age of 16) and students with other immigration statuses. Further, the bill requires the Department of Education to award grants to eligible states and tribal colleges and universities for improving student outcomes. The bill reauthorizes through FY2033 the Federal TRIO Programs and reauthorizes through FY2027 the Gaining Early Awareness and Readiness for Undergraduate Programs.

116 S1963 IS: College for All Act of 2023 U.S. Senate 2023-06-14 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. 1963 IN THE SENATE OF THE UNITED STATES June 14, 2023 Mr. Sanders Mr. Blumenthal Mr. Padilla Mr. Murphy Mr. Welch Ms. Warren Mr. Markey Mr. Van Hollen Mr. Merkley Committee on Finance A BILL To amend the Higher Education Act of 1965 to ensure College for All. 1. Short title This Act may be cited as the College for All Act of 2023 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Federal-State partnership to fully eliminate tuition and required fees Sec. 101. Federal-State partnership to fully eliminate tuition and required fees. TITLE II—Grant program to eliminate tuition and fees for eligible students at private nonprofit historically Black colleges and universities and minority-serving institutions Sec. 201. Grant program to eliminate tuition and fees for eligible students at private nonprofit historically Black colleges and universities and minority-serving institutions. Sec. 202. Northern Mariana Islands, American Samoa, United States Virgin Islands, Guam, and Freely Associated States college access. TITLE III—Federal Pell Grant improvements Sec. 301. Federal Pell Grant improvements. TITLE IV—Inclusive student success grants Sec. 401. Inclusive student success grants. TITLE V—Increasing support for students Sec. 501. Increasing success for low-income and first generation students. TITLE VI—Investments in historically Black colleges and universities, Tribal Colleges or Universities, and other minority-serving institutions Sec. 601. Appropriations for historically Black colleges and universities, Tribal colleges and universities, and minority-serving institutions. TITLE VII—Snyder Act Sec. 701. Rule of construction regarding the Snyder Act. I Federal-State partnership to fully eliminate tuition and required fees 101. Federal-State partnership to fully eliminate tuition and required fees Title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1133 et seq. F College for All 1 Grants for Tuition-Free Public College 783. Purpose The purpose of this subpart is to establish a Federal-State partnership with States and Tribal Colleges and Universities to provide for the elimination of tuition and required fees for eligible students. 784. Definitions In this subpart: (1) Award year The term award year (2) Community college (A) In general The term community college (i) a public institution of higher education at which— (I) the highest degree awarded is an associate degree; or (II) an associate degree is the most frequently awarded degree; (ii) a public postsecondary vocational institution, as defined under section 102(c); or (iii) at the designation of the Secretary, in the case of a State in which there is no community college operated or controlled by the State that meets a definition under clause (i) or (ii), a college or similarly defined and structured academic entity— (I) that was in existence on July 1, 2023; (II) within a public 4-year institution of higher education; and (III) at which— (aa) the highest degree awarded is an associate degree; or (bb) an associate degree is the most frequently awarded degree. (B) Community colleges operated or controlled by a state to include community colleges operated or controlled by local governments within the State The terms community college operated or controlled by a State community college operated or controlled by the State (3) Cost of attendance The term cost of attendance (4) Dual or concurrent enrollment program The term dual or concurrent enrollment program (5) Early college high school The term early college high school (6) Eligible student (A) In general The term eligible student (i) in the case of a student enrolled in a community college or a 2-year Tribal College or University— (I) is enrolled, or plans to enroll, as an undergraduate student in an eligible program (as defined in section 481(b)) at a community college in the State in which the individual is a resident or in a 2-year Tribal College or University; (II) and who is enrolled in a community college that charges different tuition rates on the basis on residency, either— (aa) qualifies for in-State resident tuition at such community college; or (bb) would qualify for such in-State resident tuition at such community college, but for the student’s immigration status; (III) is not enrolled in a dual or concurrent enrollment program or an early college high school; and (IV) who is eligible to complete the Free Application for Federal Student Aid under section 483(a), has filed such application for the applicable award year for which the student is enrolled; or (ii) in the case of a student enrolled in an eligible 4-year institution of higher education— (I) is enrolled, or plans to enroll, as an undergraduate student in an eligible program (as defined in section 481(b)) at a public 4-year institution of higher education or in a 4-year Tribal College or University; (II) is a working class or middle class student, as described in section 787(a)(3); (III) who is enrolled in a public 4-year institution of higher education that charges different tuition rates based on residency, either— (aa) qualifies for in-State resident tuition at such institution; or (bb) would qualify for such in-State resident tuition at such institution, but for the student’s immigration status; (IV) is not enrolled in a dual or concurrent enrollment program or an early college high school; and (V) who is eligible to complete the Free Application for Federal Student Aid under section 483(a), has filed such application for the applicable award year for which the student is enrolled. (B) Rule of construction For purposes of subparagraph (A), in-State resident tuition includes in-district tuition and out-of-district in-State tuition. (7) 4-year tribal college or university The term 4-year Tribal College or University (8) Full-time equivalent students The term full-time equivalent students (9) Institution of higher education The term institution of higher education (10) Net price The term net price (11) Public 4-year institution of higher education The term public 4-year institution of higher education (12) Reverse transfer policy The term reverse transfer policy (A) implement a process of retroactively granting a certificate or associate degree to a student who had not completed the requirements for such certificate or degree before the student transferred; or (B) allow academic credits for coursework completed at a 4-year institution of higher education to be applied to a previously attended community college for the purpose of obtaining an associate degree or a certificate. (13) State fiscal support for higher education (A) Inclusions (i) In general Except as provided in subparagraph (B), the term State fiscal support for higher education (I) the amount of applicable State funds appropriated by the State, including funds from lottery receipts, in the fiscal year, that are used to support institutions of higher education and student financial aid for higher education in the State; and (II) any funds described in clause (ii), if applicable. (ii) Local funds In the case of a State that includes, as part of the State share under section 786(b)(2)(B) for an award year, funds provided to community colleges by local governments in such State for the purpose of carrying out this subpart, local funds provided to community colleges operated or controlled by the State for operating expenses (excluding capital expenses, research and development costs, and local funds that are included in the State share under section 786(b)(2)(B)) shall be included in the calculation of the State fiscal support for higher education under clause (i). (B) Exclusions State fiscal support for higher education for a State fiscal year does not include— (i) funds described in subparagraph (A) that are returned to the State; (ii) State-appropriated funds derived from Federal sources, including funds provided under sections 786(a) and 801; (iii) funds that are included in the State share under section 786(b), except as provided in subparagraph (A)(ii), including funds included in the State share in accordance with paragraph (2)(A) of such section; (iv) amounts that are portions of multiyear appropriations to be distributed over multiple years that are not to be spent for the year for which the calculation under this paragraph is being made, subject to subparagraph (C); (v) tuition, fees, or other educational charges paid directly by a student to an institution of higher education or to the State; (vi) funds for— (I) financial aid to students attending, or operating expenses of— (aa) out-of-State institutions of higher education (including for the purpose of exclusive online enrollment at an out-of-State institution); (bb) proprietary institutions of higher education (as defined in section 102(b)); or (cc) institutions of higher education not accredited by an agency or association recognized by the Secretary pursuant to section 496; (II) financial aid to students awarded predominantly or significantly on the basis of merit; (III) research and development; or (IV) hospitals, athletics, or other auxiliary enterprises; (vii) corporate or other private donations directed to 1 or more institutions of higher education permitted to be expended by the State; and (viii) any other funds that the Secretary determines shall not be included in the calculation of State fiscal support for higher education for such State. (C) Adjustments for biennial appropriations The Secretary shall make adjustments to the calculations under this paragraph to accurately reflect State fiscal support for higher education in States with 2-year appropriation cycles. (14) State fiscal support for higher education per full-time equivalent student The term State fiscal support for higher education per full-time equivalent student (A) the State fiscal support for higher education for the applicable fiscal year; divided by (B) the number of full-time equivalent students enrolled in public institutions of higher education in such State for such fiscal year. (15) Tribal college or university The term Tribal College or University (16) 2-year tribal college or university The term 2-year Tribal College or University (A) a 2-year Tribal College or University; or (B) a degree-granting Tribal College or University— (i) at which the highest degree awarded is an associate degree; or (ii) at which an associate degree is the most frequently awarded degree. 785. Grant awards Beginning with award year 2024–2025, from amounts appropriated under section 791 to carry out this subpart for any fiscal year, the Secretary shall award grants to States and Tribal College and Universities with applications approved under section 789, to enable the States and Tribal Colleges and Universities, through a Federal-State partnership, to fully eliminate tuition and required fees for all eligible students. 786. Federal share; State share (a) Federal share (1) In general (A) Amount Subject to paragraph (2), the amount of the Federal share of a grant under this subpart shall be based on a formula that provides, for each eligible student enrolled in a community college operated or controlled by a State, a Tribal College or University, or a public 4-year institution of higher education in a State, a per-student amount (based on full-time equivalent enrollment) that is equal to the applicable percentage described in subparagraph (B), or the percentage described in paragraph (2) with respect to a Tribal College or University, of— (i) for the 2024–2025 award year, not less than the sum of the product of $4,880 multiplied by the number of eligible students enrolled at such a community college or 2-year Tribal College or University and the product of $10,200 multiplied by the number of eligible students enrolled at such a public 4-year institution of higher education or 4-year Tribal College or University; and (ii) for each subsequent award year, the amount determined under this paragraph for the preceding award year, increased by the lesser of— (I) a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) since the date of such determination; or (II) 3 percent. (B) Applicable percent The applicable percent for a State receiving a grant under this subpart shall be— (i) for the 2024–2025 award year, 100 percent; (ii) for the 2025–2026 award year, 95 percent; (iii) for the 2026–2027 award year, 90 percent; (iv) for the 2027–2028 award year, 85 percent; and (v) for the 2028–2029 award year and each subsequent award year, 80 percent. (2) Tribal colleges and universities The amount of the Federal share for a Tribal College or University receiving a grant under this subpart shall be the greater of— (A) 100 percent of the amount determined in accordance with clause (i) or (ii) of subparagraph (1)(A), as applicable, with respect to eligible students enrolled in such Tribal College or University; or (B) the amount that is 100 percent of the total amount needed to fully eliminate tuition and fees for all eligible students enrolled in such Tribal College or University for the 2023–2024 award year, increased by the percentage increase in the Consumer Price Index (as determined by the Secretary) between July 1, 2023, and the applicable award year, and adjusted to reflect the enrollment in such Tribal College or University for such applicable award year. (b) State share (1) Formula (A) In general The amount of the State share of a grant under this subpart for each award year shall be equal to the applicable percent described in subparagraph (B) of the total amount determined under subsection (a)(1)(A) with respect to the State for the award year. (B) Applicable percent The applicable percentage shall be— (i) for the 2024–2025 award year, 0 percent; (ii) for the 2025–2026 award year, 5 percent; (iii) for the 2026–2027 award year, 10 percent; (iv) for the 2027–2028 award year, 15 percent; and (v) for the 2028–2029 award year and each subsequent award year, 20 percent. (C) Obligation to provide share The State shall provide the State share even if the State is able, without such State share, to fully eliminate tuition and required fees charged to eligible students attending community colleges operated or controlled by the State or public 4-year institutions of higher education in the State. (D) No double counting funds States shall not count any funds that count toward the maintenance of effort requirement in section 787(b) to also count toward the State share under this subsection. (E) Special rule for outlying areas and territories (i) In general If the Secretary determines that requiring an outlying area or territory to provide a State share in accordance with this subsection would represent a substantial hardship for the outlying area or territory, the Secretary shall reduce or waive the State share for such area or territory. If the Secretary so reduces or waives the amount of the State share of an outlying area or territory, the Secretary shall increase the applicable percentage used to calculate the Federal share under subsection (a) for such area or territory, in proportion to the reduction in the applicable percentage used to calculate such State share. (ii) Definition In this subparagraph, the term outlying area or territory (2) Inclusion of State financial aid and local funds In the case of a State that demonstrates to the satisfaction of the Secretary that community colleges operated or controlled by the State and 4-year public institutions of higher education in the State will not experience a net reduction in total per-student revenue (including revenue derived from tuition and fees) as compared to that revenue for the preceding State fiscal year in such State, a State may include, as part of the State share— (A) any financial aid that is provided from State funds to eligible students for such students’ cost of attendance at community colleges operated or controlled by the State and 4-year public institutions of higher education in the State that is not awarded predominantly on the basis of merit; and (B) any funds provided to community colleges operated or controlled by the State and 4-year public institutions of higher education in the State by local governments in such State for the purpose of carrying out this subpart, including for the purpose of eliminating tuition and fees for eligible students. (3) No in-kind contributions A State shall not include in-kind contributions for purposes of the State share described in paragraph (1). (c) Determination of number of eligible students (1) In general (A) Determination For purposes of subsections (a) and (b), the Secretary shall, in consultation with the State or Tribal College or University concerned, determine the estimated number of eligible students enrolled in the community colleges operated or controlled by the State and in the public 4-year institutions of higher education in the State or in such Tribal College or University for the applicable award year. (B) Projected enrollment If the estimated number of eligible students figure of a State or Tribal College or University under subparagraph (A) is more than 25 percent larger than the eligible students figure for the preceding year, the Secretary shall use an alternative enrollment estimate which shall be used in the formula under subsection (a) for determining the allotment. (2) Adjustment of grant amount For each year for which a State or Tribal College or University receives a grant under this subpart, the Secretary shall, once final enrollment data for such year are available— (A) in consultation with the State or Tribal College or University concerned, determine the actual number of eligible students enrolled in the community colleges operated or controlled by the State and the public 4-year institutions of higher education in the State or in such Tribal College or University for the year covered by the grant; and (B) adjust the Federal share of the grant amount received by the State or Tribal College or University and the State share under subsection (b) to reflect the actual number of eligible students by applying the relevant adjustment to such Federal share or the State share, or both, in the subsequent award year. (3) Additional funds If a State or Tribal College or University provides additional funds toward reducing the cost of attendance and improving instruction beyond the cost of eliminating tuition and required fees as described in paragraphs (2) and (3) of section 787(a) for any award year, and, with respect to a State, such funds amount to more than the State share requirement under subsection (b) and the maintenance of effort requirements in section 787, the Secretary shall provide the State or Tribal College or University an amount equal to such additional funds provided by the State or Tribal College or University, which amount provided by the Secretary may be used for the activities described in section 790. 787. Program requirements (a) General requirements In order to receive a grant under this subpart in each award year, a State or Tribal College or University shall comply with the following: (1) With respect to a State, ensure that public institutions of higher education in the State maintain expenditures on instruction per full-time equivalent student at levels that are equal to or exceed the expenditures on instruction per full-time equivalent student provided for the 3 most recent consecutive State fiscal years for which data are available. (2) Ensure that the total amount of tuition and required fees charged to an eligible student— (A) at community colleges in the State are fully eliminated; or (B) if the Tribal College or University is a 2-year Tribal College or University, at such Tribal College or University are fully eliminated. (3) Ensure that the total amount of tuition and required fees charged to an eligible student at public 4-year institutions of higher education in the State, or, if the Tribal College or University is a 4-year Tribal College or University, at such Tribal College or University, are fully eliminated as follows: (A) For award year 2024–2025, the State or Tribal College or University shall fully eliminate tuition and required fees for such students— (i) who are dependent students— (I) in a single parent household, whose parent's adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $125,000; or (II) with married parents, whose parents’ adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $250,000; and (ii) who are— (I) single independent students, whose adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $125,000; or (II) married independent students, whose adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $250,000. (B) For each award year after award year 2024–2025, the State or a 4-year Tribal College or University shall fully eliminate tuition and required fees for such students in accordance with clauses (i) and (ii) of subparagraph (A), except the gross income amount shall be adjusted for each subsequent year in the same manner as income is adjusted under section 478(b). (4) Not apply financial assistance for which an eligible student qualifies to tuition or required fees. (5) Not use any funds provided under this subpart for administrative purposes. (b) State maintenance of effort In order to receive a grant under this subpart in each award year, a State shall— (1) provide State fiscal support for higher education per full-time equivalent student at a level equal to or exceeding the average amount of State fiscal support for higher education per full-time equivalent student provided for the 3 most recent consecutive State fiscal years for which data are available; (2) maintain State operating expenditures per full-time equivalent student for public 2- and 4-year institutions of higher education in the State, excluding capital expenses and research and development costs, at a level equal to or greater than the average amount provided for the 3 most recent consecutive State fiscal years for which data are available; and (3) maintain State expenditures for need-based financial aid programs for enrollment in institutions of higher education (as defined in section 101) in the State at a level that is equal to or greater than the average amount provided for the 3 most recent consecutive State fiscal years for which data are available. (c) Requirements of States and some Tribal colleges and universities In order to receive a grant under this subpart in each award year, a State or (when applicable) a Tribal College or University shall— (1) provide an assurance that not later than 5 years after the first award year for which the grant is awarded, not less than 75 percent of instruction at public institutions of higher education in the State is provided by tenure-track or tenured faculty; (2) provide an assurance that public institutions of higher education in the State make it a priority to hire from the existing adjunct, contract, contingent, and non-tenure track or tenured faculty pool for tenure-track or tenured faculty positions or other full-time non-contingent instructional positions; (3) require that public institutions of higher education in the State provide, for each student enrolled at the institution who receives the maximum Federal Pell Grant award under subpart 1 of part A of title IV, institutional student financial aid (excluding student loans) in an amount equal to the net price owed by such student; (4) ensure that public institutions of higher education in the State or the Tribal College or University not adopt policies to reduce enrollment; (5) provide an assurance that public institutions of higher education in the State will not charge out-of-State students an amount that exceeds the marginal cost (as determined by the Secretary) of attending institutions of higher education in the State; (6) provide an assurance that public institutions of higher education in the State that charge non-eligible in-State students tuition and required fees, will not charge such students a rate that is necessary to continue to fully eliminate tuition and required fees for eligible students; and (7) provide an assurance that public institutions of higher education in the State maintain a ratio of 1 to 150 of disability services full-time employees to registered students with disabilities, and that such employees be specifically dedicated to serving students with disabilities. (d) Alignment of secondary and higher education In order to receive a grant under this subpart, a State shall— (1) submit and implement a plan to align the requirements for receiving a regular high school diploma from public schools in the State with the requirements for entering credit-bearing coursework at community colleges in such State; and (2) not later than 3 years after the date on which the State first receives a grant under this subpart, certify to the Secretary that such alignment has been achieved. (e) Transfer pathways In order to receive a grant under this subpart, a State shall— (1) submit a plan to improve transfer pathways among public institutions of higher education in the State, including by— (A) ensuring that associate degrees awarded by community colleges in the State are fully transferable to, and credited as, the first 2 years of related baccalaureate programs at public institutions of higher education in such State; and (B) increasing the transferability of individual courses within the certificate or associate programs offered by community colleges in the State to related baccalaureate programs offered by public institutions of higher education in such State to maximize the transferability of credits for students who transfer before completing an associate degree and facilitate reverse transfer policies; and (2) not later than 3 years after the date on which the State first receives a grant under this subpart, certify to the Secretary that the State is carrying out the plan submitted in accordance with paragraph (1) and is meeting the requirements of subparagraphs (A) and (B) of such paragraph. (f) No additional eligibility requirements No individual shall be determined by a State, a Tribal College or University, or the Secretary, to be ineligible for benefits provided under this subpart (including eliminating tuition and fees, and other aid provided under this subpart), except on the basis of eligibility requirements under this subpart. 788. Automatic Stabilizer (a) Maintenance of effort relief A State that receives a grant under this subpart may request a waiver of the requirements under section 787(b). Upon request by such a State, the Secretary shall waive the requirements of section 787(b) for the State as follows: (1) Tier I With respect to each State eligible for relief under tier I, such requirements shall be waived for the fiscal year succeeding the fiscal year for which the determination of the State’s eligibility for such relief is made. (2) Tiers II through V With respect to each State eligible for relief under tier II, III, IV, or V, such requirements shall be waived, in accordance with subsection (c), for— (A) the fiscal year for which the determination of the State’s eligibility for such relief is made; (B) the fiscal year succeeding the fiscal year described in subparagraph (A); or (C) both such fiscal years. (b) State share relief (1) State share relief A State that meets the qualifying spending requirement and is eligible for relief under tier II, III, IV, or V may request relief with respect to the requirement of section 786(b)(1)(B). Upon request by such a State, the Secretary shall provide relief from the requirements of section 786(b)(1)(B), for the applicable award year or years, for the State as follows: (A) Tier II With respect to a State that is eligible for relief under tier II, the Secretary shall apply— (i) section 786(a)(1)(B)(v), by substituting 85 percent 80 percent (ii) section 786(b)(1)(B)(v), by substituting 15 percent 20 percent (B) Tier III With respect to a State that is eligible for relief under tier III, the Secretary shall apply— (i) section 786(a)(1)(B)(iv), by substituting 90 percent 85 percent (ii) section 786(a)(1)(B)(v), by substituting 90 percent 80 percent (iii) section 786(b)(1)(B)(iv), by substituting 10 percent 15 percent (iv) section 786(b)(1)(B)(v), by substituting 10 percent 20 percent (C) Tier IV With respect to a State that is eligible for relief under tier IV, the Secretary shall apply— (i) section 786(a)(1)(B)(iii), by substituting 95 percent 90 percent (ii) section 786(a)(1)(B)(iv), by substituting 95 percent 85 percent (iii) section 786(a)(1)(B)(v), by substituting 95 percent 80 percent (iv) section 786(b)(1)(B)(iii), by substituting 5 percent 10 percent (v) section 786(b)(1)(B)(iv), by substituting 5 percent 15 percent (vi) section 786(b)(1)(B)(v), by substituting 5 percent 20 percent (D) Tier V With respect to a State that is eligible for relief under tier V, the Secretary shall apply— (i) section 786(a)(1)(B)(ii), by substituting 100 percent 95 percent (ii) section 786(a)(1)(B)(iii), by substituting 100 percent 90 percent (iii) section 786(a)(1)(B)(iv), by substituting 100 percent 85 percent (iv) section 786(a)(1)(B)(v), by substituting 100 percent 80 percent (v) section 786(b)(1)(B)(ii), by substituting 0 percent 5 percent (vi) section 786(b)(1)(B)(iii), by substituting 0 percent 10 percent (vii) section 786(b)(1)(B)(iv), by substituting 0 percent 15 percent (viii) section 786(b)(1)(B)(v), by substituting 0 percent 20 percent (2) Applicable award years With respect to each State eligible for relief under tier II, III, IV, or V, the Secretary shall provide the relief under paragraph (1) in accordance with subsection (c) for— (A) the award year for which the determination of the State’s eligibility for such relief is made; (B) the award year succeeding the award year described in subparagraph (A); or (C) both such award years. (3) State eligibility A State’s eligibility for relief under this section shall be determined as follows: (A) Tier I A State shall be eligible for relief under tier I for a fiscal year for which— (i) the State is in an elevated unemployment period at any point in the fiscal year; and (ii) the State is not eligible for relief under any other tier. (B) Tier II A State shall be eligible for relief under tier II for a fiscal or award year, as applicable, for which— (i) (I) the State average unemployment rate is equal to or greater than 6.5 percent, but less than 7.5 percent, at any point in the fiscal or award year; or (II) the national average unemployment rate is equal to or greater than 6.5 percent, but less than 7.5 percent, at any point in the fiscal or award year; and (ii) the State is not eligible for relief under tier III, IV, or V. (C) Tier III A State shall be eligible for relief under tier III for a fiscal or award year, as applicable, for which— (i) (I) the State average unemployment rate is equal to or greater than 7.5 percent, but less than 8.5 percent, at any point in the fiscal or award year; or (II) the national average unemployment rate is equal to or greater than 7.5 percent, but less than 8.5 percent, at any point in the fiscal or award year; and (ii) the State is not eligible for relief under tier IV or V. (D) Tier IV A State shall be eligible for relief under tier IV for a fiscal or award year, as applicable, for which— (i) (I) the State average unemployment rate is equal to or greater than 8.5 percent, but less than 9.5 percent, at any point in the fiscal or award year; or (II) the national average unemployment rate is equal to or greater than 8.5 percent, but less than 9.5 percent, at any point in the fiscal or award year; and (ii) the State is not eligible for relief under tier V. (E) Tier V A State shall be eligible for relief under tier V for a fiscal or award year, as applicable, for which— (i) the State average unemployment rate is equal to or greater than 9.5 percent at any point in the fiscal or award year; or (ii) the national average unemployment rate is equal to or greater than 9.5 percent at any point in the fiscal or award year. (c) Discretion in the provision of relief In determining the fiscal years for which to provide relief in accordance with subsection (a)(2), or the award years for which to provide relief in accordance with subsection (b), to a State that is eligible under tier II, III, IV, or V, the Secretary shall take into account the following: (1) In the case of a State that requests relief under subsection (a)(2), the fiscal years for which the State requests such relief, including— (A) if the State requests such relief for the fiscal year for which the determination of the State’s eligibility for such relief is made, the amount by which the State is unable to meet the requirements of section 787(b) for such fiscal year; and (B) if the State requests such relief for the fiscal year succeeding the year described in subparagraph (A), the amount by which the State anticipates being unable to meet such requirements for such succeeding fiscal year. (2) In the case of a State that requests relief under subsection (b), the award years for which the State requests such relief, including— (A) if the State requests such relief for the award year for which the determination of the State’s eligibility for such relief is made, the extent to which the State is unable to meet the requirements of section 786(b)(1)(B) for such award year; and (B) if the State requests such relief for the award year succeeding the year described in subparagraph (A), the extent to which the State anticipates being unable to meet such requirements for such succeeding award year. (3) The actual or anticipated timing, severity, and duration of the unemployment rate increase during— (A) the fiscal or award year, as applicable, for which the determination of the State’s eligibility for such relief is made; (B) the fiscal or award year, as applicable, succeeding the fiscal or award year described in subparagraph (A); and (C) the fiscal or award year, as applicable, preceding the fiscal or award year described in subparagraph (A). (4) Other factors determined to be relevant by the Secretary. (d) Continued payment to employees A State that receives relief under subsection (a) or subsection (b) shall, to the greatest extent practicable, continue to pay its employees of, and contractors with, public institutions of higher education in the State during the period in which the State is receiving such relief. (e) Definitions In this section: (1) Elevated unemployment period The term elevated unemployment period (2) National average unemployment rate The term national average unemployment rate (3) Qualifying spending requirement The term qualifying spending requirement (4) State average unemployment rate The term State average unemployment rate 789. Applications In order to receive a grant under this subpart, a State or Tribal College or University shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In the case of a State, such application shall be submitted by the State agency with jurisdiction over higher education or another agency designated by the Governor or chief executive of the State to administer the program under this subpart. 790. Use of funds (a) In general A State or Tribal College or University that receives a grant under this subpart shall use the grant funds and the State share funds required under this subpart— (1) to fully eliminate tuition and required fees for all eligible students at community colleges in the State or at the Tribal College or University, if the Tribal College or University is a 2-year Tribal College or University; and (2) to fully eliminate tuition and required fees for eligible students, as described in section 787(a)(3), at public 4-year institutions of higher education in the State or at the Tribal College or University, if the Tribal College or University is a 4-year Tribal College or University. (b) Remaining funds Once tuition and required fees have been fully eliminated pursuant to subsection (a), a State or Tribal College or University that receives a grant under this subpart shall use any remaining grant funds to reduce the cost of attendance and increase the quality of instruction and student support services at public institutions of higher education in the State or at the Tribal College or University by carrying out any of the following: (1) Providing additional non-loan financial aid to students to help reduce unmet need, which may include need-based student financial aid or emergency financial aid grants to students attending a public institution of higher education in such State, or such Tribal College or University, for any component of such students’ cost of attendance. (2) Implementing evidence-based reforms or practices at public institutions of higher education in such State or at such Tribal College or University that are described in section 804 or that meet evidence tier 1 or evidence tier 2 (as defined in section 800) to improve the enrollment, retention, transfer, or completion rates or labor market outcomes among the students described in section 802(b). (3) Expanding academic course offerings and providing high-quality occupational skills training programs to students. (4) Increasing the number and percentage of tenure or tenure-track faculty. (5) Providing all faculty with professional supports to help students succeed, such as professional development opportunities, including providing— (A) culturally inclusive and identity-safe learning environments; (B) work spaces; and (C) shared governance in the institution. (6) Compensating part-time faculty for work done outside of the classroom relating to supporting student success, such as holding office hours. (7) Strengthening, and ensuring all students have access to, student support services, such as academic advising, counseling, and tutoring. (8) Expanding access to dual or concurrent enrollment programs and early college high school programs. (9) Establishing prison education programs in partnership with local or State correctional facilities. (10) Carrying out any other additional activities that improve instructional quality and academic outcomes for students as approved by the Secretary through a peer review process. (c) Prohibition A State or Tribal College or University that receives a grant under this subpart may not use grant funds or State share funds required under this subpart— (1) for the construction of a nonacademic facility, such as a student center or stadium; (2) for merit-based student financial aid; (3) for need-based student financial aid (except to the extent funds are available under section 786(c)(3)); (4) to pay the salaries or benefits of school administrators; (5) for capital outlays or deferred maintenance; or (6) for expenditures on athletics other than activities open to all members of the campus community. (d) Supplement not supplant Except as provided in section 786(b)(2)(A), funds made available under this subpart shall be used to supplement, and not supplant, other Federal, State, Tribal, local, and institutional funds that would otherwise be expended to carry out activities described in this subpart. (e) Continuation of funding (1) In general Except as provided in paragraph (2), a State or a Tribal College or University receiving a grant under this subpart for an award year may continue to receive funding under this subpart for subsequent award years conditioned on meeting the requirements of the grant, as determined by the Secretary. (2) Discontinuation The Secretary shall discontinue or reduce funding of the Federal share of a grant under this subpart if the State or Tribal College or University has violated the terms of the grant. (f) Rule of construction regarding BIE funds Nothing in this subpart shall be construed to impact the availability of funds from, or uses of funds provided by, the Bureau of Indian Education for Tribal Colleges and Universities. 791. Authorization of appropriations (a) In general There are authorized to be appropriated, and there are appropriated, to carry out this subpart— (1) such sums as may be necessary for the fourth quarter of fiscal year 2024; and (2) such sums as may be necessary for each of the fiscal years 2024 through 2033. (b) Supplemental funds (1) In general In addition to amounts otherwise available, there is appropriated for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, not more than $9,400 per student enrolled at 4-year public institutions of higher education and not more than $5,800 per student enrolled at community colleges, to remain available until September 30, 2029, for the Secretary to award grants to all States that have resident tuition and fees at community colleges or public 4-year institutions of higher education that are higher than the national average tuition and fees at community colleges or public 4-year institutions of higher education in award year 2024–2025, for the purpose of supporting such States’ ability to participate in the program under this subpart. (2) State share Notwithstanding any other provision of this subpart, a State receiving grant funds under paragraph (1) shall use such funds to meet the State share requirement under section 786(b) and to fully eliminate tuition and fees for eligible students as required under paragraphs (2) and (3) of section 787(a). . II Grant program to eliminate tuition and fees for eligible students at private nonprofit historically Black colleges and universities and minority-serving institutions 201. Grant program to eliminate tuition and fees for eligible students at private nonprofit historically Black colleges and universities and minority-serving institutions Part F of title VII of the Higher Education Act of 1965, as added by section 101, is further amended by adding at the end the following: 2 Grant program To eliminate tuition and fees for eligible students at private nonprofit historically Black colleges and universities and Minority-Serving institutions 795. Definitions In this subpart: (1) Eligible institution (A) In general Except as provided in subparagraph (E), the term eligible institution (i) is— (I) a part B institution (as defined in section 322); (II) a Hispanic-serving institution (as defined in section 502); (III) an Alaska Native-serving institution (as defined in section 317(b)); (IV) a Native Hawaiian-serving institution (as defined in section 317(b)); (V) a Predominantly Black institution (as defined in section 371(c)); (VI) an Asian American and Native American Pacific Islander-serving institution (as defined in section 371(c)); or (VII) a Native American-serving nontribal institution (as defined in section 371(c)); and (ii) has not received funds under subpart 1. (B) Continuing eligibility The Secretary shall determine whether an institution is an eligible institution (C) 2-year institution The term 2-year institution (D) 4-year institution The term 4-year institution (E) Exception (i) In general An eligible institution as described in subparagraph (A) shall not be an eligible institution for purposes of this section for the period described in clause (ii) if such institution was a for-profit institution at any time that converted to a nonprofit institution. (ii) Period of ineligibility An institution described under clause (i) shall not be an eligible institution for purposes of this section for a period of 25 years from the date the institution converted from being a for-profit institution to a nonprofit institution or 25 years after the date of enactment of this subpart, whichever period is longer. (2) Eligible student (A) In general The term eligible student (i) for the first award year of the program under this subpart, if the student— (I) is a dependent student— (aa) in a single parent household, the student's parent's adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $125,000; or (bb) with married parents, the student's parents’ adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $250,000; and (II) is a— (aa) single independent student, the student's adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $125,000; or (bb) married independent student, the student's adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $250,000; and (ii) for each award year after the first award year of the program under this subpart, if the student— (I) is a dependent student, the student’s parents’ adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than the applicable amount; and (II) is an independent student, the student’s adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than the applicable amount. (B) Applicable amount In this paragraph, the term applicable amount (3) Full-time equivalent eligible students The term full-time equivalent eligible students 796. Authorization of grant program Beginning with award year 2024–2025, from amounts appropriated to carry out this subpart for any fiscal year, the Secretary shall award grants to eligible institutions to enable the eligible institutions to eliminate tuition and required fees for eligible students. 797. Grant terms (a) Grant amount (1) In general For each year for which an eligible institution participates in the grant program under this subpart, such eligible institution shall receive a grant in an amount equal to— (A) in the case of an eligible institution that is a 2-year institution, the product of the number of eligible students enrolled in such institution multiplied by— (i) for the 2024–2025 award year, $4,880; and (ii) for each subsequent award year, the amount determined under this subparagraph for the preceding award year, increased by the lesser of— (I) a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) since the date of such determination; or (II) 3 percent; or (B) in the case of an eligible institution that is a 4-year institution, the product of the number of eligible students enrolled in such institution multiplied by— (i) for the 2024–2025 award year, $10,200; and (ii) for each subsequent award year, the amount determined under this subparagraph for the preceding award year, increased by the lesser of— (I) a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) since the date of such determination; or (II) 3 percent. (2) Limitations on tuition hikes (A) First award year For the first award year for which an eligible institution applies for a grant under this subpart, such eligible institution shall not increase tuition and required fees at a rate that is greater than any annual increase in tuition and required fees at the eligible institution for the 5 years preceding such first award year. (B) Succeeding award years (i) In general For each award year after the first award year for which an eligible institution receives a grant under this subpart, such eligible institution shall not increase tuition and required fees from the preceding award year at a rate that is greater than the percentage increase in the Employment Cost Index for the award year for which the grant is received, as compared to the Employment Cost Index for the award year preceding the award year for which the grant is received. (ii) Employment Cost Index In this subparagraph, the term Employment Cost Index (3) Data adjustments (A) In general The Secretary shall establish a process through which each eligible institution that participates in the program under this subpart— (i) provides the necessary eligible student enrollment data at the start of the award year; and (ii) initially receives grant funds, as calculated under this subsection, based on such data. (B) Adjustment of grant amount For each year for which an eligible institution receives a grant under this subpart, the Secretary shall, once final enrollment data for such year are available— (i) in consultation with the eligible institution concerned, determine the actual number of full-time equivalent eligible students for the year covered by the grant; and (ii) adjust the grant amount received by the eligible institution to reflect the actual number of full-time equivalent eligible students by applying the relevant adjustment to such grant amount in the subsequent award year in accordance with subparagraph (C). (C) Calculation of adjustments If the actual full-time equivalent eligible students figure for the preceding award year reported under subparagraph (B)— (i) exceeds the projected enrollment that was used for determining the allotment under paragraph (1) for the preceding award year, notwithstanding any other provision of this Act, the grant amount for the subsequent award year for the eligible institution shall be increased to reflect such actual enrollment, which figure shall be increased by the Gross Domestic Product Price Index of the State in which the eligible institution is located; or (ii) is below the projected enrollment that was used for determining the allotment under paragraph (1) for the preceding award year, notwithstanding any other provision of this Act, the grant amount for the subsequent award year for the eligible institution shall be decreased to reflect such actual enrollment, which figure shall be increased by the average interest rate on 5-year United States Treasury securities issued during the preceding award year. (b) Application An eligible institution that desires to receive a grant under this subpart shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Transfer requirement In the case of an eligible institution that is a 4-year institution that receives a grant under this subpart and enrolls students who transfer from another institution, the institution shall— (1) commit to increasing the transferability of individual courses within certificate or associate programs offered by community colleges in the State to related baccalaureate programs offered by such institution to maximize the transferability of credits for students who transfer before completing an associate degree; and (2) maintain a formal, statewide articulation agreement with community colleges in the State in which such institution operates that, at a minimum, ensures that associate degrees awarded by community colleges in the State are fully transferable to, and credited as the first 2 years of related baccalaureate programs at, such institution. (d) Use of funds (1) In general An eligible institution that receives a grant under this subpart shall use the grant funds to— (A) except as provided in paragraph (3), eliminate tuition and required fees for eligible students enrolled in the eligible institution during any period for which the institution receives a grant under this subpart; (B) maintain expenditures on instruction per a full-time equivalent eligible student at levels that meet or exceed the expenditures on instruction per a full-time equivalent eligible student for award year 2023–2024; and (C) maintain expenditures on need-based financial aid programs for students enrolled in the institution at a level that meets or exceeds the level of such support for award year 2023–2024. (2) Prohibitions An eligible institution that receives a grant under this subpart may not use grant funds— (A) for the construction of a nonacademic facility, such as a student center or stadium; (B) for merit-based or need-based student financial aid; (C) to pay the salaries or benefits of school administrators; (D) for capital outlays or deferred maintenance; or (E) for expenditures on athletics other than activities open to all members of the campus community. (3) Exception An eligible institution that receives a grant under this subpart and that does not have authority to set the tuition and required fees for eligible students enrolled in the eligible institution shall provide tuition assistance to eligible students enrolled in the eligible institution during any period for which the institution receives a grant under this subpart in an amount equal to the grant amount determined under subsection (a)(1). (e) Assurances An eligible institution that receives a grant under this subpart shall provide an assurance to the Secretary that the institution will— (1) increase, to the extent practicable, the amount of instruction provided by tenured or tenure-track faculty; and (2) not adopt policies to reduce enrollment. (f) Supplement, not supplant Funds made available to carry out this subpart shall be used to supplement, and not supplant, other Federal, State, Tribal, local, and institutional funds that would otherwise be expended to carry out activities under this subpart. (g) No additional eligibility requirements No individual shall be determined, by an eligible institution or the Secretary, to be ineligible for benefits provided under this subpart except on the basis of eligibility requirements under this subpart. 798. Authorization of appropriations There are authorized to be appropriated, and there are appropriated, to carry out this subpart— (1) such sums as may be necessary for the fourth quarter of fiscal year 2024; and (2) such sums as may be necessary for each of the fiscal years 2025 through 2033. . 202. Northern Mariana Islands, American Samoa, United States Virgin Islands, Guam, and Freely Associated States college access Part F of title VII of the Higher Education Act of 1965, as added by section 101 and amended by section 201, is further amended by adding at the end the following: 3 College access for students in outlying areas 799. Northern Mariana Islands, American Samoa, United States Virgin Islands, Guam, and Freely Associated States college access (a) Grants (1) Grant amounts (A) In general Beginning with award year 2024–2025, from amounts appropriated to carry out this section, the Secretary shall award grants to the Governors of each outlying area for such Governors to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-State students and the tuition and fees charged for out-of-State students on behalf of each eligible student enrolled in the eligible institution. (B) Maximum student amounts The amount paid on behalf of an eligible student under this section shall be— (i) not more than $15,000 for any one award year (as defined in section 481(a)(1)); and (ii) not more than $75,000 in the aggregate. (C) Proration The Governor shall prorate payments under this section with respect to eligible students who attend an eligible institution on less than a full-time basis. (2) Agreement Each Governor desiring a grant under this section shall enter into an agreement with the Secretary for the purposes of administering the grant program. (b) No additional eligibility requirements No individual shall be determined, by a Governor, an eligible institution, or the Secretary, to be ineligible for benefits provided under this section except on the basis of eligibility requirements under this section. (c) Definitions In this section: (1) Eligible institution The term eligible institution (A) is a public 4-year institution of higher education located in 1 of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or an outlying area; (B) enters into an agreement with the Governor of an outlying area, or with 2 or more of such Governors (except that such institution may not enter into an agreement with the Governor of the outlying area in which such institution is located), to carry out the grant program under this section; and (C) submits an assurance to the Governor and to the Secretary that the institution shall use funds made available under this section to supplement, and not supplant, assistance that otherwise would be provided to eligible students from outlying areas. (2) Eligible student The term eligible student (A) was domiciled in an outlying area for not less than 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; (B) has not completed an undergraduate baccalaureate course of study; and (C) is enrolled as an undergraduate student in an eligible program (as defined in section 481(b)) on at least a half-time basis. (3) Governor The term Governor (4) Outlying area The term outlying area . III Federal Pell Grant improvements 301. Federal Pell Grant improvements (a) Amendments to current pell grant program Section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a (1) in subsection (c)(5)— (A) by striking shall not exceed 12 semesters, or the equivalent of 12 semesters, as determined by the Secretary by regulation shall not exceed 7 years and 6 months (B) by striking only that same fraction of such semester or equivalent only that same fraction of such year (2) in subsection (e), by striking Any disbursement allowed to be made by crediting the student’s account shall be limited to tuition and fees and, in the case of institutionally owned housing, room, and board. The student may elect to have the institution provide other such goods and services by crediting the student’s account. Payments under this section may be used by the student for living and nontuition expenses. (3) in subsection (f)— (A) in paragraph (1), by striking the matter preceding subparagraph (A) and inserting the following: After receiving an application for a Federal Pell Grant under this subpart, the Secretary (including any contractor of the Secretary processing applications for Federal Pell Grants under this subpart) shall, in a timely manner, furnish to the student financial aid administrator at each institution of higher education that a student awarded a Federal Pell Grant under this subpart is attending, the expected family contribution for each such student. Each such student financial administrator shall— (B) in paragraph (3)— (i) by striking after academic year 1986–1987 (ii) in paragraph (3), by striking the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and (b) Repeal of scoring requirement Section 406 of H. Con. Res. 95 (109th Congress) is amended— (1) by striking subsection (b); and (2) by striking (a) Upon (c) Amendment to the FAFSA Simplification Act (1) In general Section 401 of the Higher Education Act of 1965, as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 (A) in subsection (b), by striking paragraphs (5), (6), and (7) and inserting the following: (5) Maximum Federal Pell Grant (A) Award year 2024–2025 For award year 2024–2025, the total maximum Federal Pell Grant shall be— (i) in the case of an eligible student who is in attendance at an institution of higher education described in section 101 or a Tribal College or University described in section 316(b)(3), $14,790; or (ii) in the case of an eligible student who is in attendance at an institution of higher education not described in clause (i), $7,395. (B) Subsequent award years For award year 2025–2026, and each subsequent award year, the total maximum Federal Pell Grant shall be equal to the total maximum Federal Pell Grant for the preceding award year (applicable to the institution at which the eligible student is in attendance)— (i) increased by the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined; and (ii) rounded to the nearest $5. (C) Definition of annual adjustment percentage In this paragraph, the term annual adjustment percentage, (6) Appropriation of funds There are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for fiscal year 2024 and each subsequent fiscal year to provide the maximum Federal Pell Grant for which a student shall be eligible under this section during an award year. (7) No effect on previous appropriations The amendments made to this section by the FAFSA Simplification Act shall not— (A) increase or decrease the amounts that have been appropriated or are available to carry out this section for fiscal year 2017, 2018, 2019, 2020, 2021, 2022, or 2023 as of the day before the effective date of such Act; or (B) extend the period of availability for obligation that applied to any such amount, as of the day before such effective date. ; (B) in subsection (d)(5)(A), by striking shall not exceed 12 semesters, or the equivalent of 12 semesters, as determined by the Secretary by regulation shall not exceed 7 years and 6 months (C) in subsection (f), by striking Any disbursement allowed to be made by crediting the student’s account shall be limited to tuition and fees, and food and housing if that food and housing is institutionally owned or operated. The student may elect to have the institution provide other such goods and services by crediting the student’s account. Payments under this section may be used by the student for living and nontuition expenses. (D) by striking subsections (g) and (h); and (E) by redesignating subsections (i) and (j) as subsections (g) and (h), respectively. (2) Effective date The amendments made by paragraph (1) shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 (d) Eligibility for Dreamer students and students with other immigrations statuses (1) In general Section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091 (A) by striking subsection (a)(5) and inserting the following: (5) be— (A) a citizen or national of the United States, a permanent resident of the United States, or able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident, or be a Dreamer student, as defined in subsection (u); or (B) in the case of eligibility to receive a Federal Pell Grant, a citizen or national of the United States, a permanent resident of the United States, able to provide evidence from the Immigration and Naturalization Service that he or she is in the United States for other than a temporary purpose with the intention of becoming a citizen or permanent resident, a Dreamer student (as defined in subsection (u)), or subject to a grant of deferred enforced departure, a grant of deferred action pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012, or temporary protected status under section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ; and (B) by adding at the end the following: (u) Dreamer students (1) In general In this section, the term Dreamer student (A) was younger than 16 years of age on the date on which the individual initially entered the United States; (B) has provided a list of each secondary school that the individual attended in the United States; and (C) (i) has earned a high school diploma, the recognized equivalent of such diploma from a secondary school, or a high school equivalency diploma in the United States or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins; (ii) has earned a degree from an institution of higher education or has completed not less than 2 years in a program for a baccalaureate degree or higher degree at an institution of higher education in the United States and has made satisfactory academic progress, as defined in subsection (c), during such time period; (iii) at any time was eligible for a grant of deferred action under— (I) the June 15, 2012, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children (II) the November 20, 2014, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents (iv) has served in the uniformed services, as defined in section 101 of title 10, United States Code, for not less than 4 years and, if discharged, received an honorable discharge. (2) Hardship exception The Secretary shall issue regulations that direct when the Department shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual— (A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and (B) satisfies the requirement of paragraph (1)(C). . (2) Amendment to the fafsa simplification act (A) In general Section 484 of the Higher Education Act of 1965, as amended by section 702(n)(1)(A) of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 (u) Dreamer students (1) In general In this section, the term Dreamer student (A) was younger than 16 years of age on the date on which the individual initially entered the United States; (B) has provided a list of each secondary school that the individual attended in the United States; and (C) (i) has earned a high school diploma, the recognized equivalent of such diploma from a secondary school, or a high school equivalency diploma in the United States or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins; (ii) has earned a degree from an institution of higher education or has completed not less than 2 years in a program for a baccalaureate degree or higher degree at an institution of higher education in the United States and has made satisfactory academic progress, as defined in subsection (c), during such time period; (iii) at any time was eligible for a grant of deferred action under— (I) the June 15, 2012, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children (II) the November 20, 2014, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents (iv) has served in the uniformed services, as defined in section 101 of title 10, United States Code, for not less than 4 years and, if discharged, received an honorable discharge. (2) Hardship exception The Secretary shall issue regulations that direct when the Department shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual— (A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and (B) satisfies the requirement of paragraph (1)(C). . (B) Effective date The amendment made by subparagraph (A) shall take effect as if included in section 702(n)(1)(A) of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 (e) Full exclusion from gross income for Pell Grants (1) In general Section 117(b) (3) Special rule for Pell Grants Amounts received under a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. . (2) Effective date The amendment made by this subsection shall apply to amounts received in taxable years beginning after the date of the enactment of this Act. IV Inclusive student success grants 401. Inclusive student success grants Part F of title VII of the Higher Education Act of 1965, as added by section 101 and amended by sections 201 and 202, is further amended by adding at the end the following: 4 Inclusive student success grants 800. Definitions In this subpart: (1) Eligible State The term eligible State (2) Evidence tiers (A) Evidence tier 1 The term evidence tier 1 (B) Evidence tier 2 The term evidence tier 2 (3) First generation college student The term first generation college student (4) Eligible institution The term eligible institution (A) an under-funded institution; or (B) an institution that is— (i) a part B institution (as defined in section 322); (ii) a Hispanic-serving institution (as defined in section 502(a)); (iii) an Alaska Native-serving institution (as defined in section 317(b)); (iv) a Native Hawaiian-serving institution (as defined in section 317(b)); (v) a Predominantly Black Institution (as defined in section 318(b)); (vi) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b)); or (vii) a Native American-serving, nontribal institution (as defined in section 319(b)). (5) Tribal College or University The term Tribal College or University (6) Underfunded institution The term underfunded institution 801. Inclusive student success grants (a) In general The Secretary shall award grants to eligible States and Tribal Colleges and Universities to improve student outcomes by carrying out or scaling the activities described in section 804. (b) Distribution of funds From amounts appropriated to carry out this subpart, the Secretary shall— (1) distribute 10 percent of the appropriated amount in any fiscal year for grants to Tribal Colleges or Universities, which shall be distributed according to the formula in section 316(d)(3)(B), to carry out the activities described in section 804 to implement reforms or practices that meet evidence tier 1 or evidence tier 2; (2) use 2 percent of the appropriated amount in any fiscal year to evaluate the effectiveness of the activities carried out under this subpart; (3) distribute 60 percent of the appropriated amount in any fiscal year to award competitive grants to eligible States to carry out activities described in section 804; (4) distribute 18 percent of the appropriated amount in any fiscal year to supplement the competitive grant amounts awarded to eligible States under paragraph (3) to implement reforms or practices that meet evidence tier 1; and (5) distribute 10 percent of the appropriated amount in any fiscal year to supplement the competitive grant amounts awarded to eligible States under paragraph (3) to implement reforms or practices that meet evidence tier 1 or evidence tier 2, or a combination of such reforms or practices. 802. Application (a) In general An eligible State or Tribal College or University that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. The application shall include, at a minimum, a description of— (1) in the case of an eligible State, how the eligible State will— (A) prioritize spending for underfunded institutions in the State and close gaps in State appropriations per full-time equivalent student with respect to institutions in the State described in section 800(4)(B); and (B) sustain such reforms or practices; and (2) in the case of an eligible State or Tribal College or University, how the eligible State or Tribal College or University will use the funds to implement or expand evidence-based reforms or practices funded by a grant under this subpart to improve student outcomes at eligible institutions in such State or the Tribal College or University. (b) Priority In awarding grants under this subpart, the Secretary shall give priority to eligible States that propose to use a significant share of grant funds to improve enrollment, retention, transfer, or completion rates or labor market outcomes among students with disparate outcomes, such as students of color, low-income students, students with disabilities, students in need of remediation, first generation college students, student parents, and other underserved student populations in such State. 803. Grant amounts In awarding grants under this subpart to eligible States, the Secretary shall determine grant amounts based on the number of students enrolled at eligible institutions in the State who receive a Federal Pell Grant. 804. Use of grant funds An eligible State or Tribal College or University that receives a grant under this subpart shall, directly or in collaboration with institutions of higher education and other nonprofit organizations, use the grant funds to implement evidence-based reforms or practices, which may include one or more of the following: (1) Providing comprehensive academic, career, and student support services, including mentoring, advising, or case management services. (2) Providing assistance in applying for and accessing direct support services, financial assistance, or means-tested benefit programs to meet the basic needs of students. (3) Providing accelerated learning opportunities, including dual or concurrent enrollment programs and early college high school programs. (4) Reforming remedial or developmental education, course scheduling, or credit awarding policies. (5) Improving transfer pathways between community colleges and 4-year institutions of higher education in the eligible State, or, in the case of a Tribal College or University, between the Tribal College or University and other institutions of higher education. (6) Making investments in academic advisors, mental health counselors, trauma-informed care, and tutors. (7) Reducing class sizes. 805. Program requirements (a) Goals The Secretary shall require eligible States or Tribal Colleges or Universities that receive funds under this subpart to set goals regarding student outcomes. (b) Progress (1) National progress The Secretary shall track progress in improving student outcomes for eligible States that receive grants under this subpart, including conducting independent evaluations of support programs funded under this subpart. (2) State progress As a condition of continuing to receive funds under this subpart, for each year in which an eligible State participates in the program under this subpart, the eligible State shall demonstrate to the satisfaction of the Secretary that the eligible State has made adequate progress in implementing or expanding evidence-based reforms or practices, and improving enrollment, retention, transfer, or completion rates or labor market outcomes among students with disparate outcomes, such as students of color, low-income students, students with disabilities, students in need of remediation, first generation college students, student parents, and other underserved student populations in such State. (c) Supplement, not supplant Grant funds awarded under this subpart shall be used to supplement, and not supplant, other Federal, State, Tribal, local, and institutional funds that would otherwise be expended to carry out activities assisted under this subpart. 806. Authorization of appropriations There are authorized to be appropriated to carry out this subpart— (1) such sums as may be necessary for the fourth quarter of fiscal year 2023; (2) $10,000,000,000 for fiscal year 2024; and (3) such sums as may be necessary for each of the following fiscal years. . V Increasing support for students 501. Increasing success for low-income and first generation students (a) Authorization of appropriations for federal trio programs Section 402A(g) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(g) $900,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years $3,000,000,000 for fiscal year 2024, and such sums as may be necessary for each of fiscal years 2025 through 2033 (b) Authorization of appropriations for gear up programs Section 404H of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–28 $400,000,000 $736,000,000 for fiscal year 2024, and such sums as may be necessary for each of fiscal years 2025 through 2027. VI Investments in historically black colleges and universities, Tribal Colleges or Universities, and other minority-serving institutions 601. Appropriations for historically black colleges and universities, tribal colleges and universities, and minority-serving institutions (a) In General Section 371(b)(1)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(b)(1)(A) $255,000,000 $510,000,000 for fiscal year 2024 and each fiscal year thereafter. (b) Allocation and allotment Section 371(b)(2)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(b)(2)(A) (1) in clause (i), by striking 100,000,000 200,000,000 (2) in clause (ii), by striking 100,000,000 200,000,000 (3) in clause (iii), by striking 55,000,000 110,000,000 VII Snyder Act 701. Rule of construction regarding the Snyder Act Nothing in this Act, or an amendment made by this Act, shall be construed to change or abrogate the Federal Government’s responsibilities under the Act of November 2, 1921 ( 25 U.S.C. 13 Snyder Act

College for All Act of 2023

Informed Student Borrowing Act of 2023 This bill revises and expands loan counseling for borrowers of federal student loans. Specifically, the bill requires an institution of higher education (IHE) that participates in federal student aid programs to provide loan counseling to a student borrower of a federal student loan at the first disbursement of a loan in each award year. Currently, an IHE must provide one-time entrance counseling to a student who is a first-time federal student loan borrower. The bill also revises and expands required elements of loan counseling. For example, required elements of loan counseling must include (1) an explanation that the borrower must affirmatively determine and manually enter the federal loan amount that the borrower will borrow for each award year, and (2) sample monthly repayment amounts based on the standard repayment plan and the most commonly used income-driven repayment plan. Each IHE must ensure that student borrowers and parent borrowers manually enter the exact dollar amount of the loan that they wish to borrow for the year. If an IHE provides a student or prospective student with a financial aid award notification that includes funds under the Federal Work-Study Program, then the IHE must ensure that the notification includes an explanation that these funds are not directly awarded to the student or IHE and that such amounts must be earned through the student's completion of work over time.

118 S1970 IS: Informed Student Borrowing Act of 2023 U.S. Senate 2023-06-14 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. 1970 IN THE SENATE OF THE UNITED STATES June 14, 2023 Mr. Daines Mr. Cassidy Mrs. Blackburn Mrs. Capito Committee on Health, Education, Labor, and Pensions A BILL To modify requirements relating to financial aid disclosures. 1. Short title This Act may be cited as the Informed Student Borrowing Act of 2023 2. Entrance counseling financial aid disclosures Section 485(l) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(l) (1) in the subsection heading, by striking Entrance (2) in paragraph (1)(A)— (A) in the matter preceding clause (i), by striking a disbursement to a first-time borrower the first disbursement to a borrower in each award year (B) in the matter preceding subclause (I) of paragraph clause (ii), by striking may shall (3) in paragraph (2)— (A) by redesignating subparagraphs (A) through (K) as subparagraphs (B) through (L); (B) by inserting before subparagraph (B), as so redesignated, the following: (A) An explanation that the borrower will need to affirmatively determine and manually enter, in accordance with subsection (n), the Federal loan amount that the borrower will borrow (which may be equal to or less than the Federal loan amount for which the borrower is eligible) for each award year. ; (C) by striking subparagraph (G) and inserting the following: (G) Sample monthly repayment amounts, under a standard repayment plan and under the income-driven repayment plan that had the highest enrollment in the previous year for borrowers (excluding parent borrowers), based on— (i) (I) the median levels of indebtedness, as appropriate, of— (aa) undergraduate borrowers of Federal Direct Stafford Loans or Federal Unsubsidized Stafford Loans who were enrolled in the institution; (bb) graduate borrowers of Federal Direct Stafford Loans, Federal Unsubsidized Stafford Loans, or Federal Direct Plus Loans who were enrolled in the institution; and (cc) parent borrowers of Federal Direct Plus Loans made on behalf of dependent students who were enrolled at the institution; (II) the median cumulative indebtedness of borrowers of loans described in subclause (I) in the same program as the borrower at the same institution; and (ii) the median annual earnings for individuals who attended the institution, as described in subparagraph (N). ; and (D) by adding at the end the following: (M) A statement that the borrower does not have to accept the full amount of loans for which the borrower is eligible, and an explanation that loan eligibility calculations are determined based on a cost of attendance that may include expenses such as housing, food, and transportation. (N) The most recent College Scorecard information (or information from a similar successor website) that shows the median annual earnings of students who received Federal student aid and who are no longer enrolled at the institution and are working, at the time that is 10 years after the date of such students' entry to the institution— (i) for individuals who were enrolled in the institution; and (ii) if available through the College Scorecard (or similar successor website), for individuals who were enrolled in the borrower's undergraduate or graduate program. (O) The percentage of borrowers who attended the institution and have completed or are no longer enrolled that are in active repayment (as compared to all borrowers who attended the institution and have completed or are no longer enrolled). (P) For undergraduate borrowers, the completion rate of the institution, as available through the College Scorecard (or similar successor website), for the most recent year for which data are available. (Q) A statement that— (i) the statistics provided under this paragraph are averages and median values based on past years; (ii) the borrower's repayment amounts, median earnings, and likelihood of completion may vary from such statistics; and (iii) as appropriate, parent borrowers should be aware that information about the median earnings, completion rate, and percentage of borrowers in active repayment is based on data that excludes parent borrowers. (R) A statement in writing and in a form the borrower may keep, of the annual percentage rate applicable to the loan based on a 10 year standard repayment plan, taking into account— (i) the amount of the loan; (ii) the stated interest rate of the loan; (iii) the standard term for a loan of the same type; (iv) any fees or additional costs associated with the loan; and (v) any capitalization of interest on the loan. ; and (4) by adding at the end the following: (3) Information from the Department of Education The Secretary shall provide institutions with the data and statistics necessary to enable institutions to carry out this subsection. . 3. Annual requirement to manually enter loan amount Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 (n) Annual requirement To manually enter loan amount (1) In general In addition to the other requirements of this section and in accordance with paragraph (2), each eligible institution shall ensure that, for each award year, each borrower enrolled in the institution who receives a Federal Direct Loan (other than a Federal Direct Consolidation Loan) and each parent borrower who is borrowing a Federal Direct PLUS Loan made on behalf of a student who is enrolled in the institution, for such year, shall manually enter, either in writing or through electronic means, the exact dollar amount of Federal Direct Loan funding that such borrower desires to borrow for such year. (2) Method The eligible institution shall ensure that the borrower carries out the activity described in paragraph (1)— (A) in the case of a student borrower, in the course of the process used by the institution for students to accept a student loan award; (B) prior to the institution certifying a Federal Direct Loan (other than a Federal Direct Consolidation Loan), including a Federal Direct PLUS Loan made on behalf of a student, for disbursement to a borrower; and (C) in the case of a student borrower, after ensuring that the student has completed all of the counseling requirements under subsection (l). . 4. Work study Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 (n) Work study If an institution provides a student or a prospective student with a financial aid award notification that includes work study, the institution shall ensure that the notification includes an explanation that any work study funds are not directly awarded to the student or institution, and such amounts must be earned through the student's completion of work over time. .

Informed Student Borrowing Act of 2023

Streamlining Accountability and Value in Education for Students Act This bill addresses options for student loan repayment and access to federal student loans. Specifically, the bill reduces the number of repayment options for federal student loans. Currently, a borrower may choose among nine plans for student loan repayment. This bill reduces those options to two: a standard 10-year repayment plan and an income-driven repayment plan. The bill also requires an institution of higher education (IHE) that participates in federal student aid programs to certify that no federal student aid funds may be used by students for certain educational programs offered by the IHE. In particular, these funds may not be used by (1) an undergraduate student for enrollment in an educational program in which half of the graduates do not earn more than the median high school graduate, and (2) a graduate student for enrollment in an educational program in which half of the graduates do not earn more than the median bachelor's degree recipient.

118 S1971 IS: Streamlining Accountability and Value in Education for Students Act U.S. Senate 2023-06-14 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. 1971 IN THE SENATE OF THE UNITED STATES June 14, 2023 Mr. Cornyn Mr. Cassidy Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to provide for loan repayment simplification and income-driven repayment reform. 1. Short title This Act may be cited as the Streamlining Accountability and Value in Education for Students Act 2. Loan repayment simplification and income-driven repayment reform Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e (1) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting not later than June 30, 2024, a graduated (ii) in subparagraph (C), by inserting not later than June 30, 2024, an extended (iii) in subparagraph (D)— (I) by inserting not later than June 30, 2024, an income contingent (II) by striking and (iv) in subparagraph (E)— (I) by inserting and not later than June 30, 2024, beginning on July 1, 2009 (II) by striking the period at the end and inserting ; and (v) by adding at the end the following: (F) beginning on July 1, 2024, an income contingent repayment plan known as the Revised Pay As You Earn Repayment plan ; (B) in paragraph (2), by striking in subparagraph (A), (B), or (C) of paragraph (1) in subparagraph (A) or (F) of paragraph (1) (C) in paragraph (4), by inserting not later than June 30, 2024 and The Secretary may provide, (2) in subsection (e), by adding at the end the following: (9) Revised Pay As You Earn Repayment plan (A) In general The Secretary shall carry out a Revised Pay As You Earn Repayment plan in accordance with section 685.209(c) of title 34, Code of Federal Regulations, as in effect on December 17, 2015, except as otherwise provided in this paragraph as follows: (i) A borrower may complete loan rehabilitation on a defaulted loan through making eligible payments in accordance with this paragraph for 9 consecutive months. (ii) A borrower who no longer wishes to repay under the REPAYE plan may change only to a standard repayment plan. (iii) In addition to that provided under paragraph (5)(iv) of such section 685.209(c), a qualifying monthly payment may also include a month for which the borrower received— (I) deferment under subsection (f)(3) due to receiving treatment for cancer; (II) deferment under subsection (f)(2) for rehabilitation training; (III) deferment under subsection (f)(2) for unemployment; (IV) deferment under subsection (f)(2) for economic hardship, including any period of deferment for Peace Corps service; (V) deferment under subsection (f)(2) for military service; (VI) deferment under subsection (f)(2) for post-active duty service; (VII) forbearance under section 428(c)(3)(A)(i)(III), for national service; (VIII) forbearance under section 685.205(a)(7) of title 34, Code of Federal Regulations, for National Guard Duty; (IX) forbearance under section 428(c)(3)(A)(i)(IV), for service for which the borrower would qualify for a partial repayment of his or her loan under the Student Loan Repayment Programs administered by the Department of Defense; or (X) administrative forbearance under paragraph (8) or (9) of section 685.205(b) of title 34, Code of Federal Regulations. (iv) A borrower shall be automatically enrolled in a Revised Pay As You Earn Repayment plan for a loan at 75 days delinquent on such loan. (v) A borrower who missed qualifying payments during a forbearance or deferment period not listed in clause (iii), shall have the opportunity to provide a back payment for the missed payments in order have those payments counted toward the 20-year or 25-year forgiveness period, except there shall be no opportunity to provide a back payment for periods of in-school deferment. (vi) For a borrower who is solely an undergraduate borrower— (I) who has borrowed $10,000 or less in total in loans under this part, not including loan fees, the Secretary may determine that the borrower has met the loan forgiveness requirements after 120 payments under the Revised Pay As You Earn Repayment plan; (II) who has borrowed more than $10,000 but $11,000 or less in total in loans under this part, not including loan fees, the Secretary may determine that the borrower has met the loan forgiveness requirements after 132 payments under the Revised Pay As You Earn Repayment plan; (III) who has borrowed more than $11,000 but $12,000 or less in total in loans under this part, not including loan fees, the Secretary may determine that the borrower has met the loan forgiveness requirements after 144 payments under the Revised Pay As You Earn Repayment plan; (IV) who has borrowed more than $12,000 but $13,000 or less in total in loans under this part, not including loan fees, the Secretary may determine that the borrower has met the loan forgiveness requirements after 156 payments under the Revised Pay As You Earn Repayment plan; (V) who has borrowed more than $13,000 but $14,000 or less in total in loans under this part, not including loan fees, the Secretary may determine that the borrower has met the loan forgiveness requirements after 168 payments under the Revised Pay As You Earn Repayment plan; (VI) who has borrowed more than $14,000 but $15,000 or less in total in loans under this part, not including loan fees, the Secretary may determine that the borrower has met the loan forgiveness requirements after 180 payments under the Revised Pay As You Earn Repayment plan; (VII) who has borrowed more than $15,000 but $16,000 or less in total in loans under this part, not including loan fees, the Secretary may determine that the borrower has met the loan forgiveness requirements after 192 payments under the Revised Pay As You Earn Repayment plan; (VIII) who has borrowed more than $16,000 but $17,000 or less in total in loans under this part, not including loan fees, the Secretary may determine that the borrower has met the loan forgiveness requirements after 204 payments under the Revised Pay As You Earn Repayment plan; (IX) who has borrowed more than $17,000 but $18,000 or less in total in loans under this part, not including loan fees, the Secretary may determine that the borrower has met the loan forgiveness requirements after 216 payments under the Revised Pay As You Earn Repayment plan; and (X) who has borrowed more than $18,000 but $19,000 or less in total in loans under this part, not including loan fees, the Secretary may determine that the borrower has met the loan forgiveness requirements after 228 payments under the Revised Pay As You Earn Repayment plan. (B) Transfer of borrowers in repayment Notwithstanding any other provision of this Act, on July 1, 2024, the Secretary shall transfer each borrower who is in repayment on a loan made under this part under an income contingent repayment plan pursuant to subsection (d)(1)(D) to the Revised Pay As You Earn Repayment plan under this paragraph. . 3. Taxpayer and consumer protection on student loans Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) (30) (A) The institution certifies that no funds available under this title may be used by an undergraduate student for enrollment in an educational program offered by the institution that is described in subparagraph (B). (B) An educational program at an institution is described in this subparagraph if the program is a program— (i) in the case of a program that awards an associate's degree or a lesser degree or credential, in which the median earnings of students 6 years after the date of entry into the program who are no longer enrolled in the program and are working is, for not less than 2 of the 3 years preceding the date of the determination, less than the median earnings of a working adult who is aged 25 to 34 with only a high school diploma or its recognized equivalent, as determined under subparagraph (C) and in accordance with subparagraph (D); or (ii) in the case of a program that awards a bachelor's degree, in which the median earnings of students 10 years after the date of entry into the program who are no longer enrolled in the program and are working is, for not less than 2 of the 3 years preceding the date of the determination, less than the median earnings of a working adult who is aged 25 to 34 with only a high school diploma or its recognized equivalent, as determined under subparagraph (C) and in accordance with subparagraph (D). (C) The median earnings of a working adult who is aged 25 to 34 with only a high school diploma or its recognized equivalent shall be based on data from the Census Bureau— (i) for the State in which the institution is located; or (ii) if fewer than 50 percent of the students enrolled in the institution reside in the State where the institution is located, for the entire United States. (D) For any year for which the programmatic cohort is fewer than 30 individuals, the Secretary shall— (i) first, aggregate additional years of programmatic data in order to achieve a cohort of at least 30 individuals; (ii) second, aggregate additional cohort years of programmatic data for degrees or certificates of equivalent length in order to achieve a cohort of at least 30 individuals; and (iii) if such data cannot be aggregated, use an institution-based undergraduate-level measure, in lieu of a programmatic measure. (E) An educational program shall not lose eligibility under subparagraph (A) unless the institution has had the opportunity to appeal the programmatic median earnings of students working and not enrolled determination. During such appeal, the Secretary may permit the educational program to continue to participate in a program under this title. If an educational program continues to participate in a program under title, and the institution's appeal of the loss of eligibility is unsuccessful, the institution shall pay to the Secretary an amount equal to the amount of interest, and any related payments made by the Secretary (or which the Secretary is obligated to make) with respect to loans made under this title to students attending, or planning to attend, that educational program during the pendency of such appeal. (31) (A) The institution certifies that no funds available under this title may be used by a graduate student for enrollment in an educational program offered by the institution that is described in subparagraph (B). (B) An educational program at an institution is described in this subparagraph if the program is a program— (i) in the case of a program that awards a master's degree or a lesser degree or credential, in which the median earnings of students 6 years after the date of entry into the program who are no longer enrolled in the program and are working is, for not less than 2 of the 3 years preceding the date of the determination, less than the median earnings of a working adult who is aged 25 to 34 with only a bachelor’s degree, as determined under subparagraph (C) and in accordance with subparagraph (D); or (ii) in the case of program that awards a professional degree or doctoral degree, in which the median earnings of students 10 years after the date of entry into the program who are no longer enrolled in the program and are working is, for not less than 2 of the 3 years preceding the date of the determination, less than the median earnings of a working adult who is aged 25 to 34 with only a bachelor’s degree, as determined under subparagraph (C) and in accordance with subparagraph (D). (C) The median earnings of a working adult who is aged 25 to 34 with only a bachelor's degree shall be based on data from the Census Bureau— (i) for the State in which the institution is located; or (ii) if fewer than 50 percent of the students enrolled in the institution reside in the State where the institution is located, for the entire United States. (D) For any year for which the programmatic cohort is fewer than 30 individuals, the Secretary shall— (i) first, aggregate additional years of programmatic data in order to achieve a cohort of at least 30 individuals; (ii) second, aggregate additional cohort years of programmatic data for degrees or certificates of equivalent length in order to achieve a cohort of at least 30 individuals; and (iii) if such data cannot be aggregated, use an institution-based graduate-level measure, in lieu of a programmatic measure. (E) An educational program shall not lose eligibility under subparagraph (A) unless the institution has had the opportunity to appeal the programmatic median earnings of students working and not enrolled determination. During such appeal, the Secretary may permit the educational program to continue to participate in a program under this title. If an educational program continues to participate in a program under title, and the institution’s appeal of the loss of eligibility is unsuccessful, the institution shall pay to the Secretary an amount equal to the amount of interest, and any related payments made by the Secretary (or which the Secretary is obligated to make) with respect to loans made under this title to students attending, or planning to attend, that educational program during the pendency of such appeal. . 4. Phase out of income-based repayment Section 493C of the Higher Education Act of 1965 ( 20 U.S.C. 1098e (1) in subsection (b)(1), by inserting who enters repayment on such loan before July 1, 2024 and a borrower of any loan made, insured, or guaranteed under part B or D (other than an excepted PLUS loan or excepted consolidation loan) (2) in subsection (e)— (A) in the subsection heading by inserting and before July 1, 2024 July 1, 2014 (B) by inserting , and before July 1, 2024 July 1, 2014

Streamlining Accountability and Value in Education for Students Act

Protecting Americans' Data From Foreign Surveillance Act of 2023 This bill establishes certain export controls on personal data of U.S. nationals and individuals living in the United States. Specifically, the bill directs the Department of Commerce (in coordination with specified federal agencies) to identify categories of personal data that could be exploited by foreign governments or foreign adversaries and harm U.S. national security if exported, reexported, or in-country transferred in a quantity that exceeds the threshold established by Commerce. The bill outlines the requirements for establishing this threshold. Commerce must seek to balance the need to protect personal data from exploitation by foreign governments and foreign adversaries against the likelihood of (1) impacting legitimate business activities, research activities, and other activities that do not harm the national security of the United States; or (2) chilling speech protected by the First Amendment. The bill also requires Commerce to impose appropriate controls on the export, reexport, or in-country transfer of covered personal data, including through interim controls (e.g., informing a person that a license is required). Commerce may not impose a requirement for a license or other authorization pursuant to specified transactions, such as those in which the personal data is encrypted with technology that is certified by the National Institute of Standards and Technology. The bill applies certain export control penalties to officers or employees of an organization who knew or should have known that another employee was directed to illegally export covered personal data in violation of this bill.

118 S1974 IS: Protecting Americans' Data From Foreign Surveillance Act of 2023 U.S. Senate 2023-06-14 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. 1974 IN THE SENATE OF THE UNITED STATES June 14, 2023 Mr. Wyden Ms. Lummis Mr. Whitehouse Mr. Hagerty Mr. Heinrich Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To amend the Export Control Reform Act of 2018 to require export controls with respect to certain personal data of United States nationals and individuals in the United States, and for other purposes. 1. Short title This Act may be cited as the Protecting Americans' Data From Foreign Surveillance Act of 2023 2. Sense of Congress It is the sense of Congress that— (1) accelerating technological trends have made sensitive personal data an especially valuable input to activities that foreign adversaries of the United States undertake to threaten both the national security of the United States and the privacy that the people of the United States cherish; (2) it is therefore essential to the safety of the United States and the people of the United States to ensure that the United States Government makes every effort to prevent sensitive personal data from falling into the hands of malign foreign actors; and (3) because allies of the United States face similar challenges, in implementing this Act, the United States Government should explore the establishment of a shared zone of mutual trust with respect to sensitive personal data. 3. Requirement to control the export of certain personal data of United States nationals and individuals in the United States (a) In general Part I of the Export Control Reform Act of 2018 ( 50 U.S.C. 4811 et seq. 1758A. Requirement to control the export of certain personal data of United States nationals and individuals in the United States (a) Identification of categories of personal data (1) In general The Secretary shall, in coordination with the heads of the appropriate Federal agencies, identify categories of personal data of covered individuals that could— (A) be exploited by foreign governments or foreign adversaries; and (B) if exported, reexported, or in-country transferred in a quantity that exceeds the threshold established under paragraph (3), harm the national security of the United States. (2) List required In identifying categories of personal data of covered individuals under paragraph (1), the Secretary, in coordination with the heads of the appropriate Federal agencies, shall— (A) identify an initial list of such categories not later than one year after the date of the enactment of the Protecting Americans' Data From Foreign Surveillance Act of 2023 (B) as appropriate thereafter and not less frequently than every 5 years, add categories to, remove categories from, or modify categories on, that list. (3) Establishment of threshold (A) Establishment Not later than one year after the date of the enactment of the Protecting Americans' Data From Foreign Surveillance Act of 2023 (B) Number of covered individuals affected (i) In general Except as provided by clause (ii), the Secretary shall establish the threshold under subparagraph (A) so that the threshold is— (I) not lower than the export, reexport, or in-country transfer (in the aggregate) by one person to or in a restricted country during a calendar year of the personal data of 10,000 covered individuals; and (II) not higher than the export, reexport, or in-country transfer (in the aggregate) by one person to or in a restricted country during a calendar year of the personal data of 1,000,000 covered individuals. (ii) Exports by certain foreign persons In the case of a person that possesses the data of more than 1,000,000 covered individuals, the threshold established under subparagraph (A) shall be one export, reexport, or in-country transfer of personal data to or in a restricted country by that person during a calendar year if the export, reexport, or in-country transfer is to— (I) the government of a restricted country; (II) a foreign person that owns or controls the person conducting the export, reexport, or in-country transfer and that person knows, or should know, that the export, reexport, or in-country transfer of the personal data was requested by the foreign person to comply with a request from the government of a restricted country; or (III) an entity on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations. (C) Category thresholds The Secretary, in coordination with the heads of the appropriate Federal agencies, may establish a threshold under subparagraph (A) for each category (or combination of categories) of personal data identified under paragraph (1). (D) Updates The Secretary, in coordination with the heads of the appropriate Federal agencies— (i) may update a threshold established under subparagraph (A) as appropriate; and (ii) shall reevaluate the threshold not less frequently than every 5 years. (E) Treatment of persons under common ownership as one person For purposes of determining whether a threshold established under subparagraph (A) has been met— (i) all exports, reexports, or in-country transfers involving personal data conducted by persons under the ownership or control of the same person shall be aggregated to that person; and (ii) that person shall be liable for any export, reexport, or in-country transfer in violation of this section. (F) Considerations In establishing a threshold under subparagraph (A), the Secretary, in coordination with the heads of the appropriate Federal agencies, shall seek to balance the need to protect personal data from exploitation by foreign governments and foreign adversaries against the likelihood of— (i) impacting legitimate business activities, research activities, and other activities that do not harm the national security of the United States; or (ii) chilling speech protected by the First Amendment to the Constitution of the United States. (4) Determination of period for protection The Secretary, in coordination with the heads of the appropriate Federal agencies, shall determine, for each category (or combination of categories) of personal data identified under paragraph (1), the period of time for which encryption technology described in subsection (b)(4)(A)(iii) is required to be able to protect that category (or combination of categories) of data from decryption to prevent the exploitation of the data by a foreign government or foreign adversary from harming the national security of the United States. (5) Use of information; considerations In carrying out this subsection (including with respect to the list required under paragraph (2)), the Secretary, in coordination with the heads of the appropriate Federal agencies, shall— (A) use multiple sources of information, including— (i) publicly available information; (ii) classified information, including relevant information provided by the Director of National Intelligence; (iii) information relating to reviews and investigations of transactions by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 (iv) the categories of sensitive personal data described in paragraphs (1)(ii) and (2) of section 800.241(a) of title 31, Code of Federal Regulations, as in effect on the day before the date of the enactment of the Protecting Americans' Data From Foreign Surveillance Act of 2023 (v) information provided by the advisory committee established pursuant to paragraph (7); and (vi) the recommendations (which the Secretary shall request) of— (I) experts in privacy, civil rights, and civil liberties, identified by the National Academy of Sciences; and (II) experts on the First Amendment to the Constitution of the United States identified by the American Bar Association; and (B) take into account— (i) the significant quantity of personal data of covered individuals that is publicly available by law or has already been stolen or acquired by foreign governments or foreign adversaries; (ii) the harm to United States national security caused by the theft or acquisition of that personal data; (iii) the potential for further harm to United States national security if that personal data were combined with additional sources of personal data; (iv) the fact that non-sensitive personal data, when analyzed in the aggregate, can reveal sensitive personal data; (v) the commercial availability of inferred and derived data; and (vi) the potential for especially significant harm from data and inferences related to sensitive domains, such as health, work, education, criminal justice, and finance. (6) Notice and comment period The Secretary shall provide for a public notice and comment period after the publication in the Federal Register of a proposed rule, and before the publication of a final rule— (A) identifying the initial list of categories of personal data under subparagraph (A) of paragraph (2); (B) adding categories to, removing categories from, or modifying categories on, that list under subparagraph (B) of that paragraph; (C) establishing or updating the threshold under paragraph (3); or (D) setting forth the period of time for which encryption technology described in subsection (b)(4)(A)(iii) is required under paragraph (4) to be able to protect such a category of data from decryption. (7) Advisory committee (A) In general The Secretary shall establish an advisory committee to advise the Secretary with respect to privacy and sensitive personal data. (B) Membership The committee established pursuant to subparagraph (A) shall include the following members selected by the Secretary: (i) Experts on privacy and cybersecurity. (ii) Representatives of United States private sector companies, industry associations, and scholarly societies. (iii) Representatives of civil society groups, including such groups focused on protecting civil rights and civil liberties. (C) Applicability of Federal advisory committee Act Subsections (a)(1), (a)(3), and (b) of section 10 and sections 11, 13, and 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee established pursuant to subparagraph (A). (8) Treatment of anonymized personal data (A) In general In carrying out this subsection, the Secretary may not treat anonymized personal data differently than identifiable personal data unless the Secretary is confident, based on the method of anonymization used and the period of time determined under paragraph (4) for protection of the category of personal data involved, it will not be possible for well-resourced adversaries, including foreign governments, to re-identify the individuals to which the anonymized personal data relates, such as by using other sources of data, including non-public data obtained through hacking and espionage, and reasonably anticipated advances in technology. (B) Guidance The Under Secretary of Commerce for Standards and Technology shall issue guidance to the public with respect to methods for anonymizing data and how to determine if individuals to which the anonymized personal data relates can be, or are likely in the future to be, reasonably identified, such as by using other sources of data. (9) Sense of Congress on identification of categories of personal data It is the sense of Congress that, in identifying categories of personal data of covered individuals under paragraph (1), the Secretary should, to the extent reasonably possible and in coordination with the Secretary of the Treasury and the Director of the Office of Management and Budget, harmonize those categories with the categories of sensitive personal data described in paragraph (5)(A)(iv). (b) Commerce controls (1) Controls required Beginning 18 months after the date of the enactment of the Protecting Americans' Data From Foreign Surveillance Act of 2023 (2) Levels of control (A) In general Except as provided in subparagraph (C) or (D), the Secretary shall— (i) require a license or other authorization for the export, reexport, or in-country transfer of covered personal data in a manner that exceeds the applicable threshold established under subsection (a)(3); (ii) determine whether that export, reexport, or in-country transfer is likely to harm the national security of the United States— (I) after consideration of the matters described in subparagraph (B); and (II) in coordination with the heads of the appropriate Federal agencies; and (iii) if the Secretary determines under clause (ii) that the export, reexport, or in-country transfer is likely to harm the national security of the United States, deny the application for the license or other authorization for the export, reexport, or in-country transfer. (B) Considerations In determining under clause (ii) of subparagraph (A) whether an export, reexport, or in-country transfer of covered personal data described in clause (i) of that subparagraph is likely to harm the national security of the United States, the Secretary, in coordination with the heads of the appropriate Federal agencies, shall take into account— (i) the adequacy and enforcement of data protection, surveillance, and export control laws in the foreign country to which the covered personal data would be exported or reexported, or in which the covered personal data would be transferred, in order to determine whether such laws, and the enforcement of such laws, are sufficient to— (I) protect the covered personal data from accidental loss, theft, and unauthorized or unlawful processing; (II) ensure that the covered personal data is not exploited for intelligence purposes by foreign governments to the detriment of the national security of the United States; and (III) prevent the reexport of the covered personal data to a third country for which a license would be required for such data to be exported directly from the United States; (ii) the circumstances under which the government of the foreign country can compel, coerce, or pay a person in or national of that country to disclose the covered personal data; and (iii) whether that government has conducted hostile foreign intelligence operations, including information operations, against the United States. (C) License requirement and presumption of denial for certain countries (i) In general The Secretary shall— (I) require a license or other authorization for the export or reexport to, or in-country transfer in, a country on the list required by clause (ii) of covered personal data in a manner that exceeds the threshold established under subsection (a)(3); and (II) deny an application for such a license or other authorization unless the person seeking the license or authorization demonstrates to the satisfaction of the Secretary that the export, reexport, or in-country transfer will not harm the national security of the United States. (ii) List required (I) In general Not later than one year after the date of the enactment of the Protecting Americans' Data From Foreign Surveillance Act of 2023 (II) Modifications to list The Secretary (subject to subclause (III))— (aa) may add a country to or remove a country from the list required by subclause (I) at any time; and (bb) shall review that list not less frequently than every 5 years. (III) Concurrence; consultations; considerations The Secretary shall establish the list required by subclause (I) and add a country to or remove a country from that list under subclause (II)— (aa) with the concurrence of the Secretary of State; (bb) in consultation with the heads of the appropriate Federal agencies; and (cc) based on the considerations described in subparagraph (B). (D) No license requirement for certain countries (i) In general The Secretary may not require a license or other authorization for the export or reexport to, or in-country transfer in, a country on the list required by clause (ii) of covered personal data, without regard to the applicable threshold established under subsection (a)(3). (ii) List required (I) In general Not later than one year after the date of the enactment of the Protecting Americans' Data From Foreign Surveillance Act of 2023 (II) Modifications to list The Secretary (subject to clause (iii) and subclause (III))— (aa) may add a country to or remove a country from the list required by subclause (I) at any time; and (bb) shall review that list not less frequently than every 5 years. (III) Concurrence; consultations; considerations The Secretary shall establish the list required by subclause (I) and add a country to or remove a country from that list under subclause (II)— (aa) with the concurrence of the Secretary of State; (bb) in consultation with the heads of the appropriate Federal agencies; and (cc) based on the considerations described in subparagraph (B). (iii) Congressional review (I) In general The list required by clause (ii) and any updates to that list adding or removing countries shall take effect, for purposes of clause (i), on the date that is 180 days after the Secretary submits to the appropriate congressional committees a proposal for the list or update unless there is enacted into law, before that date, a joint resolution of disapproval pursuant to subclause (II). (II) Joint resolution of disapproval (aa) Joint resolution of disapproval defined In this clause, the term joint resolution of disapproval That Congress does not approve of the proposal of the Secretary with respect to the list required by section 1758A(b)(2)(D)(ii) submitted to Congress on ___. (bb) Procedures The procedures set forth in paragraphs (4)(C), (5), (6), and (7) of section 2523(d) of title 18, United States Code, apply with respect to a joint resolution of disapproval under this clause to the same extent and in the same manner as such procedures apply to a joint resolution of disapproval under such section 2523(d), except that paragraph (6) of such section shall be applied and administered by substituting the Committee on Banking, Housing, and Urban Affairs the Committee on the Judiciary (III) Rules of house of representatives and senate This clause is enacted by Congress— (aa) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and (bb) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (3) Review of license applications (A) In general The Secretary shall, consistent with the provisions of section 1756 and in coordination with the heads of the appropriate Federal agencies— (i) review applications for a license or other authorization for the export or reexport to, or in-country transfer in, a restricted country of covered personal data in a manner that exceeds the applicable threshold established under subsection (a)(3); and (ii) establish procedures for conducting the review of such applications. (B) Disclosures relating to collaborative arrangements In the case of an application for a license or other authorization for an export, reexport, or in-country transfer described in subparagraph (A)(i) submitted by or on behalf of a joint venture, joint development agreement, or similar collaborative arrangement, the Secretary may require the applicant to identify, in addition to any foreign person participating in the arrangement, any foreign person with significant ownership interest in a foreign person participating in the arrangement. (4) Exceptions (A) In general The Secretary shall not impose under paragraph (1) a requirement for a license or other authorization with respect to the export, reexport, or in-country transfer of covered personal data pursuant to any of the following transactions: (i) The export, reexport, or in-country transfer by an individual of covered personal data that specifically pertains to that individual. (ii) The export, reexport, or in-country transfer of the personal data of one or more individuals by a person performing a service for those individuals if the service could not possibly be performed (as defined by the Secretary in regulations) without the export, reexport, or in-country transfer of that personal data. (iii) The export, reexport, or in-country transfer of personal data that is encrypted if— (I) the encryption key or other information necessary to decrypt the data is not, at the time of the export, reexport, or in-country transfer of the personal data or any other time, exported, reexported, or transferred to a restricted country or (except as provided in subparagraph (B)) a national of a restricted country; and (II) the encryption technology used to protect the data against decryption is certified by the National Institute of Standards and Technology as capable of protecting data for the period of time determined under subsection (a)(4) to be sufficient to prevent the exploitation of the data by a foreign government or foreign adversary from harming the national security of the United States. (iv) The export, reexport, or in-country transfer of personal data that is ordered by an appropriate court of the United States. (B) Exception for certain nationals of restricted countries Subparagraph (A)(iii)(I) does not apply with respect to an individual who is a national of a restricted country if the individual is also a citizen of the United States or a noncitizen described in subsection (l)(5)(C). (c) Requirements for identification of categories and determination of appropriate controls In identifying categories of personal data under subsection (a)(1) and imposing appropriate controls under subsection (b), the Secretary, in coordination with the heads of the appropriate Federal agencies, as appropriate— (1) may not regulate or restrict the publication or sharing of— (A) personal data that is a matter of public record, such as a court record or other government record that is generally available to the public, including information about an individual made public by that individual or by the news media; (B) information about a matter of public interest; or (C) any other information the publication or sharing of which is protected by the First Amendment to the Constitution of the United States; and (2) shall consult with the appropriate congressional committees. (d) Penalties (1) Liable persons (A) In general In addition to any person that commits an unlawful act described in subsection (a) of section 1760, an officer or employee of an organization has committed an unlawful act subject to penalties under that section if the officer or employee knew or should have known that another employee of the organization who reports, directly or indirectly, to the officer or employee was directed to export, reexport, or in-country transfer covered personal data in violation of this section and subsequently did export, reexport, or in-country transfer such data. (B) Exceptions and clarifications (i) Intermediaries not liable An intermediate consignee (as defined in section 772.1 of the Export Administration Regulations (or any successor regulation)) or other intermediary is not liable for the export, reexport, or in-country transfer of covered personal data in violation of this section when acting as an intermediate consignee or other intermediary for another person. (ii) Special rule for certain applications In a case in which an application installed on an electronic device transmits or causes the transmission of covered personal data without being directed to do so by the owner or user of the device who installed the application, the developer of the application, and not the owner or user of the device, is liable for any violation of this section. (2) Criminal penalties In determining an appropriate term of imprisonment under section 1760(b)(2) with respect to a person for a violation of this section, the court shall consider— (A) how many covered individuals had their covered personal data exported, reexported, or in-country transferred in violation of this section; (B) any harm that resulted from the violation; and (C) the intent of the person in committing the violation. (e) Report to Congress (1) In general Not less frequently than annually, the Secretary, in coordination with the heads of the appropriate Federal agencies, shall submit to the appropriate congressional committees a report on the results of actions taken pursuant to this section. (2) Inclusions Each report required by paragraph (1) shall include a description of the determinations made under subsection (b)(2)(A)(ii) during the preceding year. (3) Form Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (f) Disclosure of certain license information (1) In general Not less frequently than every 90 days, the Secretary shall publish on a publicly accessible website of the Department of Commerce, including in a machine-readable format, the information specified in paragraph (2), with respect to each application— (A) for a license for the export or reexport to, or in-country transfer in, a restricted country of covered personal data in a manner that exceeds the applicable threshold established under subsection (a)(3); and (B) with respect to which the Secretary made a decision in the preceding 90-day period. (2) Information specified The information specified in this paragraph with respect to an application described in paragraph (1) is the following: (A) The name of the applicant. (B) The date of the application. (C) The name of the foreign party to which the applicant sought to export, reexport, or transfer the data. (D) The categories of covered personal data the applicant sought to export, reexport, or transfer. (E) The number of covered individuals whose information the applicant sought to export, reexport, or transfer. (F) Whether the application was approved or denied. (g) News media protections A person that is engaged in journalism is not subject to restrictions imposed under this section to the extent that those restrictions directly infringe on the journalism practices of that person. (h) Citizenship determinations by persons providing services to end-Users not required This section does not require a person that provides products or services to an individual to determine the citizenship or immigration status of the individual, but once the person becomes aware that the individual is a covered individual, the person shall treat covered personal data of that individual as is required by this section. (i) Fees (1) In general Notwithstanding section 1756(c), the Secretary may, to the extent provided in advance in appropriations Acts, assess and collect a fee, in an amount determined by the Secretary in regulations, with respect to each application for a license submitted under subsection (b). (2) Deposit and availability of fees Notwithstanding section 3302 of title 31, United States Code, fees collected under paragraph (1) shall— (A) be credited as offsetting collections to the account providing appropriations for activities carried out under this section; (B) be available, to the extent and in the amounts provided in advance in appropriations Acts, to the Secretary solely for use in carrying out activities under this section; and (C) remain available until expended. (j) Regulations The Secretary may prescribe such regulations as are necessary to carry out this section. (k) Authorization of appropriations There are authorized to be appropriated to the Secretary and to the head of each of the appropriate Federal agencies participating in carrying out this section such sums as may be necessary to carry out this section, including to hire additional employees with expertise in privacy. (l) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Appropriate Federal agencies The term appropriate Federal agencies (A) The Department of Defense. (B) The Department of State. (C) The Department of Justice. (D) The Department of the Treasury. (E) The Office of the Director of National Intelligence. (F) The Office of Science and Technology Policy. (G) The Department of Homeland Security. (H) The Consumer Financial Protection Bureau. (I) The Federal Trade Commission. (J) The Federal Communications Commission. (K) The Department of Health and Human Services. (L) Such other Federal agencies as the Secretary considers appropriate. (3) Covered individual The term covered individual (A) is located in the United States; or (B) is— (i) located outside the United States or whose location cannot be determined; and (ii) a citizen of the United States or a noncitizen lawfully admitted for permanent residence. (4) Covered personal data The term covered personal data (5) Export (A) In general The term export (i) subject to subparagraph (D), the shipment or transmission of the data out of the United States, including the sending or taking of the data out of the United States, in any manner, if the shipment or transmission is intentional, without regard to whether the shipment or transmission was intended to go out of the United States; or (ii) the release or transfer of the data to any noncitizen (other than a noncitizen described in subparagraph (C)), if the release or transfer is intentional, without regard to whether the release or transfer was intended to be to a noncitizen. (B) Exceptions The term export (i) the publication of covered personal data on the internet in a manner that makes the data discoverable by and accessible to any member of the general public; or (ii) any activity protected by the speech or debate clause of the Constitution of the United States. (C) Noncitizens described A noncitizen described in this subparagraph is a noncitizen who is authorized to be employed in the United States. (D) Transmissions through restricted countries (i) In general On and after the date that is 5 years after the date of the enactment of the Protecting Americans' Data From Foreign Surveillance Act of 2023 export (ii) Exceptions Clause (i) does not apply with respect to a transmission of data through a restricted country if— (I) the data is encrypted as described in subsection (b)(4)(A)(iii); or (II) the person that originated the transmission received a representation from the party delivering the data for the person stating that the data will not transit through a restricted country. (iii) False representations If a party delivering covered personal data as described in clause (ii)(II) transmits the data directly or indirectly through a restricted country despite making the representation described in clause (ii)(II), that party shall be liable for violating this section. (6) Foreign adversary The term foreign adversary 47 U.S.C. 1607(c)(2) (7) In-country transfer; reexport The terms in-country transfer reexport (8) Lawfully admitted for permanent residence; national The terms lawfully admitted for permanent residence national 8 U.S.C. 1101(a) (9) Noncitizen The term noncitizen (10) Restricted country The term restricted country . (b) Statement of policy Section 1752 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4811 (1) in paragraph (1)— (A) in subparagraph (A), by striking ; and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following: (C) to restrict, notwithstanding section 203(b) of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b) ; and (2) in paragraph (2), by adding at the end the following: (H) To prevent the exploitation of personal data of United States citizens and other covered individuals (as defined in section 1758A(l)) in a quantity and a manner that could harm the national security of the United States. . (c) Limitation on authority To make exceptions to licensing requirements Section 1754 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813 (1) in subsection (a)(14), by inserting and subject to subsection (g) as warranted (2) by adding at the end the following: (g) Limitation on authority To make exceptions to licensing requirements The Secretary may create under subsection (a)(14) exceptions to licensing requirements under section 1758A only for the export, reexport, or in-country transfer of covered personal data (as defined in subsection (l) of that section) by or for a Federal department or agency. . (d) Relationship to International Emergency Economic Powers Act Section 1754(b) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(b) (other than section 1758A) this part 4. Severability If any provision of or any amendment made by this Act, or the application of any such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of and amendments made by this Act, and the application of such provisions and amendments to any other person or circumstance, shall not be affected.

Protecting Americans' Data From Foreign Surveillance Act of 2023

Rural Health Clinic Burden Reduction Act This bill makes a series of changes to requirements that apply to rural health clinics under Medicare. For example, the bill allows rural health clinics that are not directed by physicians to enter into arrangements with physician assistants or nurse practitioners that generally comply with state laws (regarding scope of practice), rather than other specific requirements. It also specifies that rural health clinics (1) need only have prompt access to clinical laboratory services (as opposed to having to directly provide these services); (2) must be located in a non-urban area with a population that is less than 50,000; (3) may contract with (as opposed to employ) physician assistants or nurse practitioners; and (4) may primarily provide mental health services if located in a designated mental health professional shortage area.

118 S198 IS: Rural Health Clinic Burden Reduction Act U.S. Senate 2023-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 198 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Barrasso Mr. Bennet Mrs. Blackburn Ms. Smith Committee on Finance A BILL To amend title XVIII of the Social Security Act to modernize provisions relating to rural health clinics under Medicare. 1. Short title This Act may be cited as the Rural Health Clinic Burden Reduction Act 2. Modernizing physician, physician assistant, and nurse practitioner utilization requirements Section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) (1) in paragraph (2)(B), by striking has an arrangement meets the requirements described in paragraph (8); (2) by adding at the end the following new paragraph: (8) Requirements for certain facilities described For purposes of paragraph (2)(B), with respect to a facility which is not a physician-directed clinic, the following requirements are described in this paragraph: (A) Arrangement The facility has an arrangement consistent with the provisions of State and local law relative to the practice, performance, and delivery of health services, with one or more physician assistants (as defined in paragraph (5)(A)) or one or more nurse practitioners (as defined in such paragraph). (B) Practice and oversight requirements The delivery of health services under such arrangement shall be in accordance with State law or the State regulatory mechanism governing the practice of physician assistants or nurse practitioners. . 3. Removing outdated laboratory requirements Section 1861(aa)(2)(G) of the Social Security Act ( 42 U.S.C. 1395x(aa)(2)(G) , including clinical laboratory services additional diagnostic services and has prompt access to clinical laboratory services and additional diagnostic services 4. Allowing rural health clinics the flexibility to contract with physician assistants and nurse practitioners Section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) or contracts with (iii) employs 5. Urbanized area fix Section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) (i) is located in an area that is not an urbanized area (i) is located in an area that is not in an urban area of 50,000 or more 6. Exception to behavioral health limitation Section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) , except in the case where the facility is located in an area that is designated (under section 332(a)(1)(A) of the Public Health Service Act) as a mental health professional shortage area 7. Effective date This Act and the amendments made by this Act shall take effect on January 1, 2024, and shall apply to items and services furnished on or after such date.

Rural Health Clinic Burden Reduction Act

Payment Choice Act of 2023 This bill requires retail businesses to accept cash as a form of payment for on-site sales of $500 or less, and it prohibits them from charging cash-paying customers a higher price compared to customers not paying with cash. Businesses covered by this bill are those engaged in the business of selling or offering goods or services at retail to the public that accept in-person payments at a physical location. The bill provides for enforcement through preventative relief, damages, and civil penalties.

118 S1984 IS: Payment Choice Act of 2023 U.S. Senate 2023-06-14 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. 1984 IN THE SENATE OF THE UNITED STATES June 14, 2023 Mr. Menendez Mr. Cramer Committee on Banking, Housing, and Urban Affairs A BILL To ensure that United States currency is treated as legal tender to be accepted as payment for purchases of goods and services at brick-and-mortar businesses throughout the United States, and for other purposes. 1. Short title This Act may be cited as the Payment Choice Act of 2023 2. Sense of congress It is the sense of Congress that United States currency should be treated as legal tender throughout the United States, and that every consumer should have the right to use cash as payment at retail businesses that accept in-person payments. 3. Retail businesses prohibited from refusing cash payments (a) In general Subchapter I of chapter 51 5104. Retail businesses prohibited from refusing cash payments (a) In general Any person engaged in the business of selling or offering goods or services at retail to the public who accepts in-person payments at a physical location (including a person accepting payments for telephone, mail, or internet-based transactions who is accepting in-person payments at a physical location)— (1) shall accept cash as a form of payment for sales made at such physical location in amounts up to and including $500 per transaction; and (2) may not charge cash-paying customers a higher price compared to the price charged to customers not paying with cash. (b) Exceptions (1) In general Subsection (a) shall not apply to a person if— (A) the person is unable to accept cash because of— (i) a sale system failure that temporarily prevents the processing of cash payments; or (ii) temporarily having insufficient cash on hand to make change; or (B) (i) the person provides customers with a device that converts cash into prepaid cards on the premises; (ii) there is no fee for the use of the device; (iii) the device does not require a minimum deposit of more than one dollar; (iv) any funds placed onto a prepaid card using the device do not expire, except as permitted under paragraph (2); (v) the device does not collect any personal identifying information from the customer; and (vi) there is no fee to use the prepaid card that the device produces. (2) Inactivity A person seeking exception from subsection (a) may charge an inactivity fee in association with a card offered by such person if— (A) there has been no activity with respect to the card during the 12-month period ending on the date on which the inactivity fee is imposed; (B) not more than 1 inactivity fee is imposed in any 1-month period; and (C) it is clearly and conspicuously stated, on the face of the mechanism that issues the card and on the card— (i) that an inactivity fee or charge may be imposed; (ii) the frequency at which such inactivity fee may be imposed; and (iii) the amount of such inactivity fee. (c) Right To not accept large bills (1) In general Notwithstanding subsection (a), for the 5-year period beginning on the date of enactment of this section, this section shall not require a person to accept cash payments in $50 bills or any larger bill. (2) Rulemaking (A) In general The Secretary shall issue a rule on the date that is 5 years after the date of the enactment of this section with respect to any bill denominations a person is not required to accept. (B) Requirement When issuing a rule under subparagraph (A), the Secretary shall require persons to accept $1, $5, $10 and $20 bills. (d) Enforcement (1) Preventative relief (A) In general Whenever any person has engaged, or there are reasonable grounds to believe that any person is about to engage, in any act or practice prohibited by this section, any customer or prospective customer of such person aggrieved by such violation or threatened violation may deliver to the retailer, or cause to be so delivered by certified mail, with proof of delivery, a notice describing, in reasonable detail, the conduct or events constituting the violation or threatened violation, and giving notice that, unless such conduct is corrected or cured within 45 days after the date of delivery of such notice, a civil action for preventative relief, including an application for a permanent or temporary injunction, restraining order, or other appropriate such relief, which may include a civil penalty under paragraph (2), may be brought against such person. (B) No violation If, within the 45-day period under subparagraph (A), the retailer establishes to the reasonable satisfaction of the customer, in a response provided in writing to the customer, that no violation occurred as alleged, or certifies that the violation alleged has been corrected or cured, and provides reasonable assurance that no such violation will be permitted to occur, no further proceedings under this section shall be undertaken. (C) Failure to respond If a retailer, having received a notice described in subparagraph (A), fails to respond in accordance with that subparagraph, or responds but fails to reasonably establish that the violation alleged did not occur or has been corrected or cured, the aggrieved customer may file a civil action against the retailer seeking relief under this subsection, and shall attach to the complaint in such action copies of the notice given to the retailer and any response from the retailer. (2) Damages and civil penalties Any person who violates this section shall— (A) be liable for actual damages, and, if actual damages are less than $250, liquidated damages of $250; and (B) a civil penalty of not more than $500 for a first offense and not more than $1,500 for a second or subsequent offense. (3) Jurisdiction An action under this section may be brought in any United States district court, or in any other court of competent jurisdiction. (4) Intervention of attorney general Upon timely application, a court may, in its discretion, permit the Attorney General to intervene in a civil action brought under this subsection, if the Attorney General certifies that the action is of general public importance. (5) Authority to appoint court-paid attorney Upon application by an individual and in such circumstances as the court may determine just, the court may appoint an attorney for such individual and may authorize the commencement of a civil action under this subsection without the payment of fees, costs, or security. (6) Attorney’s fees In any action commenced pursuant to this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee, not to exceed $3,000, as part of the costs, and the United States shall be liable for costs the same as a private person. (7) Requirements in certain states and local areas In the case of an alleged act or practice prohibited by this section which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such act or practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought hereunder before the expiration of 30 days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings. (e) Greater protection under state law This section shall not preempt any law of a State, the District of Columbia, a Tribal government, or a territory of the United States if the protections that such law affords to consumers are greater than the protections provided under this section. (f) Rulemaking The Secretary shall issue such rules as the Secretary determines are necessary to implement this section, which may prescribe additional exceptions to the application of the requirements described in subsection (a). (g) Annual reports on the geographic distribution of automated teller machines owned by federally insured depository institutions Beginning on the date that is 1 year after the date of enactment of this section, and annually thereafter, the Federal Deposit Insurance Corporation, with respect to depository institutions insured by the Corporation, and the National Credit Union Administration, with respect to credit unions insured by the National Credit Union Share Insurance Fund, shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that provides— (1) the number of automated teller machines owned and in service by each institution insured by such agency; (2) the location of each such automated teller machine that is installed at a fixed site; and (3) the approximate geographic range or radius within which mobile automated teller machines owned by any such institution are deployed. . (b) Technical and conforming amendment The table of contents for chapter 51 section 5103 5104. Retail businesses prohibited from refusing cash payments. .

Payment Choice Act of 2023

One Flag for All Act This bill prohibits the display of flags other than the flag of the United States in public buildings, military installations, and U.S. embassies or consulates. Excepted flags include: the National League of Families POW/MIA flag; flags representing the nation of a visiting diplomat; the state flag of a Member of Congress, outside or within the Member's office; flags representing a unit or branch of the Armed Forces, on military installations; any flag representing an Indian tribe; and any flag representing the state, territory, county, city, or local jurisdiction where the public building is located.

118 S1985 IS: One Flag for All Act U.S. Senate 2023-06-14 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. 1985 IN THE SENATE OF THE UNITED STATES June 14, 2023 Mr. Marshall Mr. Wicker Mr. Ricketts Mrs. Hyde-Smith Committee on the Judiciary A BILL To prohibit the flying, draping, or other display of any flag other than the flag of the United States at public buildings, and for other purposes. 1. Short title This Act may be cited as the One Flag for All Act 2. Prohibition on flags other than the flag of the United States (a) Definitions In this section: (1) Flag of the United States The term flag of the United States (2) Public building (A) In general Except as provided in subparagraph (B), the term public building (B) Inclusion The term public building (i) a military installation (as defined in section 2801(c) of title 10, United States Code); and (ii) any embassy or consulate of the United States. (b) Prohibitions Notwithstanding any other provision of law and except as provided in subsection (c), no flag that is not the flag of the United States may be flown, draped, or otherwise displayed— (1) on the exterior of a public building; or (2) in the hallway of a public building. (c) Exceptions The prohibitions under subsection (b) shall not apply to— (1) a National League of Families POW/MIA flag (as designated by section 902 of title 36, United States Code); (2) any flag that represents the nation of a visiting diplomat; (3) the State flag of the State represented by a member of Congress, outside or within the office of the member; (4) in the case of a military installation, any flag that represents a unit or branch of the Armed Forces; (5) any flag that represents an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (6) any flag that represents the State, territory, county, city, or local jurisdiction in which the public building is located.

One Flag for All Act